What Next in Impeachment Process For Judge Caught In Cash-At-Home Row

The process of impeachment of Justice Yashwant Varma - the former Delhi High Court judge at whose home "piles of burnt Rs 500 notes" were found - having started in parliament with a memorandum signed by 145 MPs, Speaker Om Birla is expected to carry the ball further tomorrow, by forming an inquiry committee.

The committee is expected to include a serving judge of the Supreme Court, the Chief Justice of a High Court and a reputed jurist. The report of the committee - which is expected to investigate the allegations against Justice Varma - is likely to come during the winter session of parliament.

After this, the process of investigation and hearing will start. The committee is expected to lay down the allegations and a copy of it will be given to the judge, who will also be given a chance to respond in writing.

After this, there could be an interrogation or cross-examination of witnesses in the matter, following which the committee will present its conclusions in parliament. The committee's report will be discussed in both houses and Justice Verma will be given a chance to present his side. 

This would be followed by the actual process of voting for impeachment in both houses of parliament.

To carry out the impeachment, either a simple majority of the total number of members or a two-thirds majority of those present and voting will be required. 

A go ahead from both houses is needed after which the President issues an order to remove the judge.

The complicated process of impeachment is part of the reason why no judge has been impeached in Independent India. On most of the five cases that came close, the judges had resigned before the proceedings had reached the final phase. 

Justice Yashwant Varma had come under scrutiny after a fire broke out at his official residence on March 14 and wads of half-burnt cash were found.  It had caused a furore, and though Justice Varma denied any wrongdoing, questions were raised about the judiciary. 

In view of the row, then Chief Justice of India Sanjiv Khanna had initiated an in-house inquiry. A three-judge panel was appointed to conduct an investigation. 

After the committee confirmed the presence of cash at Justice Varma's residence and submitted its report to the CJI, Justice Khanna sent the findings to the Prime Minister and the President, recommending initiation of removal proceedings as per the Judges Inquiry Act and Article 124(4) of the Constitution.