Oppn motion to remove Justice Varma not admitted in Rajya Sabha: How impeachment works

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4 days ago

The BJP-led government is slated to move a motion in the Lok Sabha to impeach Justice Yashwant Varma, the Allahabad High Court judge at whose home burned piles of cash were found in March. Varma has called the allegations against him a 'conspiracy'. But how can a sitting apex or high court judge be removed? What's the impeachment process? read more
Justice Yashwant Varma is at the centre of a controversy after a pile of cash was recovered at his official home. allahabadhighcourt.in via PTI
Justice Yashwant Varma is set to be impeached.
The BJP-led government is slated to move a motion in the Lok Sabha to impeach the Allahabad High Court judge at whose home burned piles of cash were found in March.
Lok Sabha Speaker Om Birla will now establish a committee to examine the charges with assent from the Rajya Sabha.
Birla will recommend Varma's impeachment if warranted.
This comes after the Opposition-backed motion accepted by Jagdeep Dhankhar in his capacity as Chairman of the Rajya Sabha was not tabled in Parliament.
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Dhankhar has since resigned as Vice President.
But how does the impeachment process work?
Let's take a closer look:
How does it work?
The Indian Constitution does not mention the term 'impeachment' when it comes to judges.
However, it lays down the process for removing Supreme Court and high court judges.
Supreme Court judges can be removed under Article 124 (4) while high court judges can be removed under Article 218.
In both instances, jurists can be removed for 'proven misbehaviour or incapacity'.
This comes after a motion from both Houses that is approved by the President of India.
The Judges (Inquiry) Act, 1968, spells out the process.
The impeachment can be initiated in either House of Parliament.
In the Rajya Sabha, around 50 MPs are needed, while around 100 MPs are needed in the Lok Sabha.
This motion then handed over to the presiding chairman or speaker of the House.
A multipartisan group of MPs submit a notice to Lok Sabha Speaker Om Birla to seek the impeachment of Justice Yashwant Varma. (Photo: ANI)
The chairman or speaker can then talk to people and examine any information related to the motion.
The chairman or speaker of the House can then decide to admit the motion or refuse to do so.
The chairman or speaker is under no obligation to do so within a specific time period.
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What after the motion is admitted?
If the motion is admitted a three-member committee is then established to investigate the matter.
This committee usually comprises a Supreme Court judge, a high court judge and an eminent jurist.
The committee can then call witnesses and examine the matter to its satisfaction.
If the committee finds that the matter is without merit, the process ends with the report being sent to the chairman or speaker and it being tabled in the House.
However, if the committee finds otherwise, the motion and the investigation report is then sent forward to both Houses.
A copy of the matter is also sent to the judge with the charges framed.
Back to Parliament
The House in which the motion was introduced then takes up the matter first.
The Speaker of the House must then table the report.
Here, the judge is allowed to present their own case to Parliament.
The motion will then be debated and put to a vote.
The Monsoon Session of the parliament. File image/PTI
The motion requires a special majority to pass – that is support from two-thirds of the members present and voting (which in itself should be not under half the House's total strength).
This must be sent to the other House of Parliament, which must once again pass the motion with a special majority.
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If this too is passed, the address is then sent to the President of India.
The President must then pass an order removing the judge.
Has this happened before?
Yes, in 1993.
Justice V Ramaswami was the first apex court judge against whom an impeachment motion was moved.
Ramaswami was accused of extravagant expenditure during his time as the Chief Justice of the Punjab and Haryana High Court.
The motion ultimately went down to defeat in the Lok Sabha.
In 2011, the Rajya Sabha passed an impeachment motion against Justice Soumitra Sen of the Calcutta High Court.
However, before the Lok Sabha took up the matter, Sen resigned.
What is the status of Varma's impeachment?
Lok Sabha Speaker Om Birla is expected to announce the formation of a high-level committee to examine the charges against Varma.
Sources have said that the motion has already received over 100 signatures from the BJP and its allies.
Opposition members will also submit their signatures soon.
BJP leader Amit Shah, JP Nadda, Birla, and deputy Chairman Harivansh, who is currently presiding over the Upper House following Chairman Jagdeep Dhankhar's resignation, have been discussing how to proceed.
Union minister Kiren Rijiju said that the potential impeachment of Justice Yashwant Varma is a collective decision of all parties and not only the government.
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Home Minister Amit Shah. ANI
'I have spoken to all the senior leaders of different political parties. I will also get in touch with some of the single-MP parties because I do not want to leave out any member. So it becomes a unified stand of the Parliament of India," Rijiju said.
A three-judge inquiry panel had earlier confirmed the discovery of a large sum of cash at Justice Varma's residence on March 14, 2025.
The panel's findings were submitted to Chief Justice of India Sanjiv Khanna, who subsequently sent the report to President Droupadi Murmu and Prime Minister Narendra Modi, along with Justice Varma's response.
Justice Varma has denied the allegations, stating that the cash was not stored by him or his family members.
He has called the matter a 'conspiracy' against him.
With inputs from agencies