Justice Varma Faces Impeachment Over Cash Scandal

The impeachment process for Justice Yashwant Varma, a former Delhi High Court judge, commenced on Monday afternoon. This follows the discovery of “piles of burnt Rs 500 notes” at his residence, sparking significant controversy. A memorandum signed by 145 Members of Parliament (MPs) from both ruling and opposition parties was submitted to Lok Sabha Speaker Om Birla, initiating the proceedings.

Bipartisan Support for Impeachment Motion

The impeachment motion has garnered support from a wide political spectrum. Signatories include MPs from the Congress, Communist Party of India (Marxist), Bharatiya Janata Party (BJP), and its allies such as the Telugu Desam Party, Janata Dal United, and Janata Dal Secular. Notable figures like ex-union minister Anurag Thakur from the BJP, Rahul Gandhi from Congress, and Supriya Sule from the Nationalist Congress Party have endorsed the motion.

Constitutional Process for Judge Removal

This impeachment marks a historic first in independent India, as no sitting High Court judge has been impeached before. The process will be conducted under Articles 124, 217, and 218 of the Constitution. Although the term ‘impeachment’ is not explicitly mentioned in the Constitution, the Judges Inquiry Act of 1968 outlines the procedure for removing judges. An impeachment motion requires signatures from at least 50 Rajya Sabha MPs or 100 Lok Sabha MPs to proceed.

Government’s Stance on Justice Varma’s Case

Parliamentary Affairs Minister Kiren Rijiju confirmed that a significant number of MPs, including over three dozen from Congress, have signed the memorandum. The government is determined to pursue Justice Varma’s removal following his return to the Allahabad High Court and subsequent suspension from active duty.

Details of the Cash-At-Home Controversy

The scandal erupted on March 15 when firefighters discovered burnt cash at Justice Varma’s Delhi bungalow. Despite denying any connection to the money and alleging a conspiracy against him, Justice Varma faces serious allegations of corruption. The Supreme Court’s in-house panel recommended his impeachment after investigating the matter.

Justice Varma’s Legal Challenge

Justice Varma has contested the in-house committee’s findings in the Supreme Court, questioning its jurisdiction and authority. He claims he was denied a fair hearing and argues that neither the Chief Justice nor the Supreme Court has disciplinary power over High Court judges.

Historical Context of Judicial Impeachment in India

While no judge has been impeached in independent India, there have been five instances where it was considered. The most recent case involved ex-Chief Justice of India Deepak Misra in 2018 over allegations of administrative misconduct.