Justice Yashwant Verma to be impeached in Winter Session? Govt may bring in motion
An impeachment motion seeking the removal of Justice Yashwant Varma could be brought during the Winter Session of Parliament, government sources told India Today hours
An impeachment motion seeking the removal of Justice Yashwant Varma could be brought during the Winter Session of Parliament, government sources told India Today hours after a three-member enquiry committee found that all the allegations that were levelled against him were true. Sources further mentioned that the proposed impeachment proceedings would also allow Justice Varma to present his defence during the discussion on the motion in Parliament. Read Full Story The development has raised a legal and constitutional question, as Justice Varma had already submitted his resignation to the President in April.
Despite this, his name continues to figure in the list of judges of the Allahabad High Court. The situation is being seen as unprecedented, as an enquiry against a judge has been completed despite his resignation, while questions remain over his formal status and whether Parliament can initiate proceedings for his removal. A key issue under discussion is a 1978 Supreme Court ruling by a five-member bench, which held that a judge's resignation takes effect on its submission and does not require formal acceptance.
Against this backdrop, the possibility of bringing an impeachment motion after Justice Varma's resignation has triggered a debate over the legal validity and purpose of such a move. The move could therefore become a significant test of the constitutional and parliamentary process governing the removal of judges, particularly in a case where the judge has already tendered his resignation but remains listed as a sitting judge. The controversy stems from the recovery of a large amount of cash from Justice Varma's official residence in March.
According to sources, there were demands at the time for him to resign, but he initially declined. The issue subsequently led to an enquiry into the allegations against him. Government sources said there is also public interest in establishing how such a large quantity of cash came to be present at the judge's official residence. Ends
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