LS yet to receive notice for removal of any judge: Sources

Parliamentary sources on Monday said the Lok Sabha Secretariat was yet to receive any notice for the removal of any judge — days after the government began collecting signatures from MPs to move a motion seeking the removal of Justice Yashwant Varma, who is embroiled in the cash-at-residence case.

Burnt wads of currency notes were discovered at the residence of Justice Varma, then a Delhi High Court judge, in March following which he was transferred to the Allahabad High Court.

The judge has maintained innocence even though a three-member inquiry committee of the Supreme Court found a case against him and sent its recommendation in the matter to President Droupadi Murmu and Prime Minister Narendra Modi.

None of the presiding officers of the two Houses — Lok Sabha or Rajya Sabha — have received the report of the SC panel yet.

Meanwhile, it is learnt that the notice to remove the judge in question would be moved in the Lok Sabha, once the signatures of 100 MPs are mandated by the law.

Judges of the Supreme Court and High Courts in India can be removed from office through a process called removal, as outlined in the Judges (Inquiry) Act, 1968. This process is initiated by a motion in Parliament, requiring a specific number of signatures and a vote in both Houses. This number is 100 for Lok Sabha and 50 for Rajya Sabha.

Lok Sabha sources said once the notice is received, the presiding officer will verify all 100 signatures for bona fide, then constitute a three-member committee (consisting of the Chief Justice of India or a Supreme Court Judge, Chief Justice of a high court and an eminent jurist). This committee will examine the case and evidence and is allowed three months by law to submit its report.

The report can be submitted earlier also and in case the House takes up and passes the judge’s removal motion in the upcoming session then the other House would also be required to do the same.

Sources, however, added the removal proceedings may prolong given the nature of the process.

No judge has ever been removed in India’s parliamentary history.