Pushing the reforms agenda in the judiciary
An impeachment motion against sitting high court judge, Justice Yashwant Varma, is likely in the next session of Parliament. If the Union government brings forward such a motion, and if it is successful, it will mark a series of dubious firsts. No judge of a constitutional court in independent India has been removed by Parliament and never have members of a ruling dispensation brought a motion to impeach a sitting judge.
The Constitution bestows powers on Parliament for the removal of a judge under extraordinary circumstances and places a high bar on its usage — at least 100 signatories are needed in the Lok Sabha and 50 in the Rajya Sabha for an impeachment motion to be considered, and a two-thirds majority is required for it to be passed. There is little doubt that the allegations against Justice Varma are grave enough for the lawmakers to consider this step. But these charges must be probed thoroughly and transparently by the appropriate authorities, accompanied by the registration of a first information report if required. Since news of the sordid events first broke in March, it has repeatedly underlined the need for more transparency in the higher judiciary. Opaqueness harms the institution's public reputation. The apex court has already taken steps towards reforms by making public the assets held by several judges and publishing the process of appointments to high courts and the top court. This process is welcome and should continue and expand.
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