Current Context: The Union government is set to introduce an impeachment motion in the upcoming Monsoon Session of Parliament against former Delhi High Court judge Justice Yashwant Varma, following a Supreme Court in-house panel’s findings in the “cash-at-home” scandal and a recommendation from CJI Sanjiv Khanna.
Impeachment Process:
- Initiation: A motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- Grounds for removal: Proved misbehaviour or incapacity (Article 124(4), 217).
- Investigation: A three-member committee, including the Chief Justice of India or a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist, investigates the charges.
- Parliamentary Approval: Both Houses must pass the motion with a two-thirds majority of members present and voting, and a majority of the total membership.
- Presidential Action: If both Houses pass the motion, the President issues an order for the judge’s removal.