CJI forwards panel’s inquiry report on Justice Varma to President, PM

Context

• Chief Justice of India Sanjiv Khanna has forwarded to the President and the Prime Minister the in-house committee report on allegations about the discovery of partially burnt sacks of currency notes in a gutted storeroom of High Court judge Justice Yashwant Varma’s earlier official residence in Delhi after a fire on March 14.

• Under Articles 124 and 217 of the Indian Constitution, a Supreme Court or High Court judge can be removed by the President on grounds of ‘proved misbehaviour’ or ‘incapacity’.

• The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity’.

• However, the Supreme Court has clarified through its judgments that actions such as wilful misconduct, corruption, lack of integrity, or offences involving moral turpitude constitute misbehaviour.

• Incapacity refers to a medical condition that includes physical or mental limitations preventing the judge from performing duties effectively

Process for removal of SC & HC judges

The procedure for removal of judges is elaborated in the Judges (Inquiry) Act, 1968, which requires:

• A motion for removal is to be signed by at least 50 members in the Rajya Sabha or 100 members in the Lok Sabha.

• The Chairman of the Rajya Sabha or the Speaker of the Lok Sabha has the discretion to admit or reject the motion after consultation.

• If admitted, a three-member committee is constituted, comprising:

1A Supreme Court Judge,

2A High Court Judge, and

3A distinguished jurist.

• The committee investigates the allegations. If the judge is cleared of misconduct or incapacity, the motion is dropped and not pursued further.

• Under Article 217 of the Constitution, the motion to remove the judge must be supported by a special majority of each House of Parliament. A special majority is a majority of the total membership of that House and a majority of at least two-thirds of the members of that House present and voting.

• The same procedure of removal applies to Supreme Court judges under Article 124.