Justice Yashwant Varma case: Modi govt to bring impeachment motion in Monsoon session; here's what you need to know

A motion to impeach Justice Yashwant Varma will be tabled in the upcoming session of Parliament. Parliamentary affairs minister Kiren Rijiju will speak to all the parties on the same before the Monsoon Session of Parliament, sources told India Today.

The development came after an inquiry report into the Justice Varma case submitted by a Supreme Court-appointed committee stated that he failed to provide any explanation of the source of money, and the allegations of misconduct were serious enough to seek his impeachment.

The committee said he gave a "flat denial" and alleged conspiracy against him. 

"The factum of the burnt cash having been found in the store room was undeniably established and, therefore, the burden shifted upon Justice Varma to account for the said cash by giving a plausible explanation which he failed to do except projecting a case of flat denial and raising a plea of conspiracy," the report said.

The impeachment process in India 

The Judges (Inquiry) Act of 1968 and the Indian Constitution both regulate the process for dismissing a High Court judge.

According to the Constitution, a judge can only be dismissed by a removal motion approved by both Houses of Parliament and on the basis of demonstrated misconduct or incapacity.

A removal motion has to be signed by 100 Lok Sabha members or 50 Rajya Sabha members and is to be given to the Speaker/Chairman. If the motion is admitted, a three-member committee to investigate the charges is constituted. 

A judge cannot be removed unless the President issues an order following a speech by each House of Parliament and is backed by:

• A majority of the total membership of that House, and
• A majority of not less than two-thirds of the members of that House present and voting.

The address must be presented to the President during the same Parliamentary session.

If the judge is found guilty, the motion, along with the committee report, is considered by the House(s) in which it is pending. Conversely, no further steps are taken and the pending motion is dropped if the judge is found not guilty. 

Justice Yashwant Varma case

On March 14 this year, a fire broke out at Justice Varma's official residence at Delhi's Tughlak Road. As per the Supreme Court-appointed committee's report, several stacks of burnt notes as high as 1.5 ft were found scattered across the storeroom within the premises. 

At the time of the recovery, Justice Varma was not at his residence. He was transferred to the Allahabad High Court following the recovery of a huge stash of cash at his Delhi residence during a fire in March this year.