Lok Sabha Speaker constitutes three-member committee to initiate impeachment proceedings against Justice Yashwant Varma

NEW DELHI: Proceedings have begun to impeach Justice Yashwant Varma over the discovery of stacks of cash at his official residence while he was serving as a Delhi High Court judge. As part of this process, Lok Sabha Speaker Om Birla has appointed a three-member committee to investigate the allegations, following the submission of an impeachment notice by MPs.

The committee has been given three months to submit its report. If found guilty, an impeachment motion could be introduced during the Parliament’s winter session in December. The committee, formed under the Judges Inquiry Act, includes Supreme Court sitting judge Justice Aravind Kumar, Madras High Court Chief Justice M.M. Srivastava, and senior advocate B.V. Acharya from the Karnataka High Court. The Speaker has informed the Lok Sabha about the formation of this committee.

Meanwhile, there is speculation on whether Justice Varma will resign in light of the impeachment move, which could allow him to avoid the process. He is currently serving as a judge at the Allahabad High Court, to which he was transferred without any new responsibilities after the cash discovery.

B.V. Acharya, aged 93 and a native of Karnataka, was the Special Public Prosecutor in the illegal assets case against former Tamil Nadu Chief Minister Jayalalithaa. In that case, Jayalalithaa was sentenced to four years in prison and fined Rs 100 crore.

Already found guilty by SC panel
A separate three-member internal committee appointed by the Supreme Court had earlier found Justice Varma guilty. Following this, then Chief Justice Sanjiv Khanna wrote to the President and Prime Minister recommending impeachment. Varma’s petition challenging the committee’s findings was dismissed.

What is impeachment?

1. Judges of the Supreme Court or High Courts can be removed from office for violating the Constitution, misconduct, or actions unfit for their position. This power lies with Parliament.
2. Under the Judges Inquiry Act, a three-member committee is formed to examine allegations. If found guilty, a motion can be presented in Parliament.
3. The motion passes if two-thirds of members present and voting in both the Lok Sabha and Rajya Sabha support it.

Previous impeachment attempts – all failed

• 1991: Justice V. Ramaswami, then Chief Justice of Punjab and Haryana High Court, was accused of financial irregularities. The motion failed in the Lok Sabha after Congress MPs abstained.
• 2011: Justice Soumitra Sen of Calcutta High Court faced charges of fund misappropriation. He resigned before impeachment could proceed.
• 2015: Supreme Court judge J.B. Pardiwala faced impeachment while serving as a Gujarat High Court judge over a controversial remark in a judgment. The motion was dropped after the remark was removed.
• 2017: Justice S.K. Gangele of Madhya Pradesh High Court was accused of harassing a woman judicial officer. The committee found him not guilty, and the motion was abandoned.