What happens if both Houses pass motion for removal of judge on same day?

India Today

6 days ago

On the opening day of the Monsoon Session, members of both the Lok Sabha and Rajya Sabha submitted notices seeking the removal of Justice Yashwant Varma of the Allahabad High Court, prompting the initiation of a constitutionally mandated inquiry process into the judge.Rajya Sabha Chairman Jagdeep Dhankhar, who has since resigned, acknowledged receipt of the notice in the Upper House, thereby setting in motion the process under the Judges Inquiry Act, 1968. Justice Varma came under scrutiny after large bundles of burnt currency notes were discovered at his residence in Delhi in March this year.advertisementThe Judges Inquiry Act lays out the process for investigating allegations against a sitting judge. A notice for removal must be signed by at least 100 members in the Lok Sabha or 50 in the Rajya Sabha. In this instance, the motion was submitted in both Houses on the same day — a procedural requirement for joint action under the Act.
Under Section 3 of the Act, the presiding officers — the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha — must first consult relevant authorities before admitting the motion. If admitted by both Houses, they are then required to jointly constitute a three-member inquiry committee.This committee will include a Supreme Court judge (who may also be the Chief Justice of India), a Chief Justice of a High Court, and a distinguished jurist. The committee is tasked with framing definite charges and presenting them to the judge. Justice Varma will be given a reasonable opportunity to respond in writing.In cases alleging incapacity, the judge may be directed to undergo a medical examination. The central government may also be asked to appoint an advocate to conduct the case against the judge if requested by the presiding officers.After completing its inquiry, the committee must submit a detailed report with findings on each charge. This report is to be laid before both Houses of Parliament at the earliest possible opportunity.The simultaneous submission of notices in both Houses ensures that the process moves forward under strict constitutional guidelines. If the committee finds the judge guilty of misbehaviour or incapacity, and both Houses adopt the motion for removal by a two-thirds majority, the President may remove the judge.- EndsTune InMust Watch