Justice Ramaswami, A 1989 Report & An Impeachment Proceeding: Ex-CAG Boss' Book Reveals Rot
As the Monsoon Session of Parliament begins on Monday, the Narendra Modi government is expected to start proceedings to impeach Allahabad High Court judge Yashwant Varma, from whose Delhi bungalow wads of currency notes were found. The likely proceedings bring back memories of a 1989 CAG report that led to impeachment proceedings against Justice V Ramaswami — a first in Indian Parliament where a judge faced the heat on the basis of a CAG report.
Amid the buzz over Varma's impeachment, former Director General of CAG P Sesh Kumar's book throws light on Justice Ramaswami's case in particular.
'The CAG report in 1989 played a pivotal role in the impeachment motion against Justice V Ramaswami, who was then serving at the Punjab and Haryana High Court. The report highlighted instances of financial misconduct and irregularities during Justice Ramaswami's tenure as the Chief Justice (CJ) of the Punjab and Haryana High Court. Specifically, it highlighted extravagant expenditures, unauthorised purchases and violations of financial norms," Kumar wrote in his new book 'CAG: What It Ought to Be Auditing'.
In his book, Kumar takes the reader to 1989, recalling the findings of the CAG: 'The CJ allegedly misused public funds on renovations and furnishings of his official residence and office. These included expensive items such as carpets, air conditioners and furniture without proper approvals. The audit revealed that approximately Rs 49 lakh was misused for unauthorised expenditures, including lavish renovations and purchases for his official residence and office. The report flagged the misuse of funds earmarked for judicial and administrative purposes, leading to significant financial impropriety."
The former CAG boss stressed in the book that while the top auditor of India 'submits audit reports based on the administrative control of the audited entity", which should have been the Governors of Punjab and Haryana, the findings involved matters of national importance for the attention of the Parliament of India, as they involved matters of judicial accountability.
In the case of Justice Ramaswami, the issue gained national attention and was examined at the parliamentary level, leading to the involvement of the Public Accounts Committee (PAC) of the Lok Sabha.
'Following the CAG revelations, 108 Lok Sabha MPs submitted a motion for impeachment against Justice Ramaswami, accusing him of 'proved misbehaviour' under Article 124(4) of the Constitution. It was the first-ever impeachment process initiated against a judge of the higher judiciary in India based on a CAG report. A three-member judicial committee was constituted under the Judges (Inquiry) Act, 1968, to investigate the allegations," he recalls.
The committee found Justice Ramaswami guilty of gross misconduct, corroborating the CAG report's findings, he added. 'In 1993, the impeachment motion was debated in the Lok Sabha. Despite the strong evidence presented, the motion failed because the ruling party abstained from voting. As a result, the impeachment motion fell short of the required two-thirds majority in the Lok Sabha," laments Kumar.
Justice Ramaswami was not impeached but resigned shortly afterwards, marking a controversial end to the episode.
'The case remains a landmark in Indian judicial history, highlighting both the importance of the CAG in exposing financial irregularities in the higher judiciary and the limitations of the impeachment process, particularly the role of political considerations in what is supposed to be a quasi-judicial procedure," he added in the book.
The Modi Sarkar has, over the last few weeks, reached out to key opposition leaders over the issue of impeaching Justice Varma and Kumar, without taking any names, made a scathing remark on the issue. 'Contrast this with the situation and sad spectacles of cash allegedly found to have been delivered to one judge at the residence (Haryana) and found burnt in the outhouse (New Delhi) of another judge of high courts—where nothing happened till recently when it appears to be heading towards an impeachment process or resignation."
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corruption Narendra Modi Yashwant Varma
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