Justice Yashwant Varma’s impeachment process faced a setback after sources said the Rajya Sabha did not accept the motion related to the burnt cash case. Now, the government is expected to bring the motion in the Lok Sabha instead.
The impeachment process for Allahabad High Court judge Justice Yashwant Varma stemming from the discovery of large amounts of burnt cash at his residence in March, during his tenure at the Delhi High Court will now proceed through a government-sponsored motion in the Lok Sabha, sources informed.
Lok Sabha Speaker Om Birla is set to establish a committee to investigate the allegations against Justice Varma.
If the committee finds sufficient grounds, it will recommend his impeachment.
Sources said,
“Motion to impeach judge in cash row was not admitted in Rajya Sabha,”
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The opposition-backed motion that was accepted by former Vice President Jagdeep Dhankhar, as Chairman of the Rajya Sabha, has been deemed invalid and will be discarded since it was never officially presented in the House.
This decision follows a government meeting on Wednesday aimed at regaining the ‘anti-corruption crusader advantage’ from the opposition.
According to sources, the BJP aims to take the lead on this issue to reinforce its commitment to combating corruption in the judiciary, especially with important Assembly elections approaching in Bihar this year, and in Bengal and Tamil Nadu next year.
The ruling party had prepared its impeachment motion prior to the Parliament’s monsoon session, which commenced on July 21. The BJP also reached out to opposition parties to build cross-party consensus, resulting in some opposition MPs supporting the government’s motion.
However, plans were jeopardized when Mr. Dhankhar referenced the opposition’s proposal in the Rajya Sabha. Sources indicated that this action was seen as a breach of the consensus previously established by the government, which had been that all parties were united on this matter.
Mr. Dhankhar’s mention of the opposition motion has been interpreted as a significant factor contributing to his unexpected resignation, which he attributed to ill-health.
Following his resignation, government sources stated that had Mr. Dhankhar communicated his intention to accept a motion, ruling party MPs would have signed it, allowing the BJP to maintain control over the impeachment narrative.
Meanwhile, the Election Commission has initiated the process to elect a new Vice President, with sources indicating that India will have a new Vice President by the last week of August.
Also Read: Impeachment Process: A Critical Look At Justice Shekhar Yadav And Justice Yashwant Varma
Although the term impeachment has not been used explicitly, but is used to describe the process for removal of judges from the office. This process provides an essential tool to ensure judicial accountability along with preseving independence of judiciary.
Article 124(4) and 218 outlines the removal process for Supreme Court and High Court judges. the grounds for removal is limited to “proved misbehaviour and incapacity“.