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LS Speaker Initiates Removal Process of HC Judge

Why in the News ?

Lok Sabha Speaker Om Birla admitted a removal motion against Justice Yashwant Varma of the Allahabad High Court, constituting a three-member inquiry committee to probe corruption charges after burnt currency notes were found at his residence, as per the Judges (Inquiry) Act, 1968.

Case Background and Removal Process:

  • Accused Judge: Justice Yashwant Varma, Allahabad High Court; earlier served in Delhi High Court.
  • Allegation: Burnt wads of currency notes discovered at his official residence on March 14.
  • Initial Probe: In-house Supreme Court inquiry indicted him on corruption charges.
  • Speaker’s Action:

    • Motion signed by 146 MPs
    • Three-member inquiry panel formed under Section 3(2) of Judges (Inquiry) Act, 1968.
    • Panel Members: Justice Aravind Kumar (SC), Justice Manindra Mohan Shrivastava (CJ, Madras HC), V. Acharya (Senior Advocate, Karnataka HC).
    • Panel to submit report “as early as possible”.
  • Pending Status: Proposal remains pending until the report is submitted.

Events Leading to Removal Motion

  • March 2024: CJI Sanjiv Khanna received the in-house probe report; asked Justice Varma to resign or face impeachment.
  • Judge’s Response: Refused to resign; moved Supreme Court against removal recommendation.
  • SC Decision: Rejected his plea, clearing way for Parliamentary process.
  • Speaker’s Statement: Emphasised unimpeachable character and financial integrity as foundations of judicial trust. Stressed zero tolerance to corruption and urged Parliament to act in unity.
  • Next Step: Awaiting inquiry committee’s findings before final removal motion in Parliament.

Key Constitutional & Legal Provisions:

●      Articles Involved:

○       Article 124(4): Procedure for removal of Supreme Court judges (applies to HC via Article 217).

○       Article 217: Conditions of appointment and removal of High Court judges.

○       Article 218: Application of removal provisions to HC judges.

●      Judges (Inquiry) Act, 1968:

○       Governs procedure for removal of SC/HC judges.

○       Requires Parliamentary motion supported by requisite members, followed by inquiry committee report.

●      Grounds for Removal: Proven misbehavior or incapacity.

●      Impeachment Process: After inquiry, motion must be passed by each House of Parliament with special majority.