• Parliamentarians submitted notices to the presiding officers of the Lok Sabha and the Rajya Sabha for the removal of High Court judge Yashwant Varma.

• A big haul of burnt wads of currency was discovered at the outhouse of then-Delhi High Court Justice Varma by emergency service providers following a fire incident on his premises in March. 

• Justice Varma was repatriated from the Delhi High Court to the Allahabad High Court following the controversy.

• A panel led by retired High Court justices, found overwhelming evidence that Justice Varma and his family had covert control over that storeroom.

• On July 21, a bipartisan delegation submitted a notice, bearing the signatures of 145 Lok Sabha members, for the removal of Justice Varma under Articles 124, 217 and 218 of the Constitution to Lok Sabha Speaker Om Birla.

• A similar notice was submitted to Rajya Sabha Chairman Jagdeep Dhankar. As many as 63 members of the Upper House signed the notice.

• A notice for the removal of a judge has to be signed by not less than 100 members in the Lok Sabha and 50 in the Rajya Sabha.

• The motion can either be accepted or rejected by the Speaker or the Chairman.

The removal process

• The procedure for removing a judge is enshrined in Article 124(4) of the Constitution, which governs both Supreme Court and High Court judges (as per Article 218). 

• Judges can only be removed on two grounds: “proved misbehaviour” or “incapacity”. 

Removal requires a resolution passed in both Houses of Parliament with:

a) A majority of the total membership, and 

b) At least two-thirds of the members present and voting. 

• Article 124(4) and the Judges Inquiry Act 1968 determine the procedure of removal of the judges.

• A motion of impeachment addressed to the President is to be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha and then delivered to the Speaker of Lok Sabha or the Chairman of Rajya Sabha.

• The motion is to be investigated by a committee of three judges of the Supreme Court and a distinguished jurist.

• If the Committee finds the judge guilty of misbehaviour or that he suffers from incapacity, the motion along with the report of the committee is taken up for consideration in the House where motion was moved.

• The judge is then removed by the requisite majority, i.e. majority of total and two-thirds of its members present and voting.

The Investigation Committee

• Once the motion is admitted, the Speaker of Lok Sabha or the Chairman of Rajya Sabha must form a three-member committee to investigate the allegations. 

This committee comprises:

i) The Chief Justice of India (or a Supreme Court judge). 

ii) A Chief Justice of a High Court. 

iii) A distinguished jurist. 

• The committee investigates the charges, frames allegations, and has powers to summon evidence and witnesses. If the charges involve mental incapacity, a medical examination may be conducted. 

Outcome of the investigation

• The committee submits its findings to the presiding officer. If it determines the judge is not guilty, the process concludes. However, if the committee finds the judge guilty, the House where the motion originated debates and votes on it. If passed, the resolution is sent to the other House. 

• Upon approval by both Houses in the same session, the President issues an order for removal.

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