Justice Yashwant Varma, facing impeachment after cash was found at his residence, will get three opportunities to defend himself. Parliament assures a fair, step-by-step process before any final decision.
New Delhi: On 4th July, Justice Yashwant Varma, who is currently facing possible impeachment in Parliament, will be given at least two chances to explain and defend himself during the entire process.
This development comes after an undisclosed amount of money was discovered at his official residence following a fire incident. According to a senior official, Justice Varma will be able to present his side of the story in accordance with due process.
Justice Varma’s first opportunity to defend himself will be after Parliament sets up an expert committee to examine the allegations. Once this committee decides to frame specific charges against him, these will be shared with Justice Varma, and he will be asked to submit his reply.
As one senior official explained,
“This is a part of the process that will be adopted during the impeachment of justice Verma. Just as in the case of the ethics or privileges panel, where an accused can defend themselves, in the case of impeachment motion, the judge will be allowed to present his case. Parliament has always upheld the principles of justice.”
Earlier, the then Chief Justice of India had sent a recommendation for Justice Varma’s removal. This recommendation was based on the findings of a Supreme Court-appointed committee that had looked into the matter.
However, Parliament will carry out its own independent process, as required under the rules of impeachment.
Justice Varma’s second chance to defend himself will come during the actual debate in Parliament on the impeachment motion. The motion can be introduced in either the Lok Sabha or the Rajya Sabha.
Based on parliamentary conventions, the judge will be the first person allowed to speak in the House before Members of Parliament begin to debate the matter.
This procedure was also followed in August 2011, when Justice Soumitra Sen, who faced impeachment over charges of misappropriating funds, addressed the Rajya Sabha.
Justice Sen defended himself directly in front of the then Rajya Sabha Chairman Hamid Ansari and gave a detailed explanation.
As per the official records of Parliament, he also urged MPs to act on moral grounds and said,
“appealed to the MPs to vote by conscience.”
Another official stated,
“The same process will follow in whichever House the impeachment motion is taken up. There will be no shortcuts.”
According to legal and parliamentary rules, when an impeachment motion is admitted, a three-member inquiry committee must be formed.
This committee typically consists of a sitting Supreme Court judge, a High Court Chief Justice, and a renowned jurist.
For example, in Justice Sen’s case, the Rajya Sabha had appointed a panel consisting of Justice B Sudershan Reddy (Supreme Court judge), Mukul Mudgal (Chief Justice of Punjab and Haryana High Court), and Fali S. Nariman (eminent jurist).
Justice Soumitra Sen became the first judge in independent India to be impeached in the Rajya Sabha, but he resigned before the motion could be taken up in the Lok Sabha, effectively ending the process.
Earlier, in 1993, Parliament had seen its first-ever impeachment motion against a sitting judge—Justice V Ramaswamy, who was then the Chief Justice of the Punjab and Haryana High Court. However, that motion did not pass, as it failed to get the required number of votes in the Lok Sabha.
To successfully pass an impeachment motion, it must be backed by a majority of the total members of that House, and also by a two-thirds majority of those present and voting.
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