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Impeachment procedure under scrutiny: SC hears Justice Yashwant Varma’s challenge to judges’ inquiry committee

New Delhi, Jan (UNI) The Supreme Court on Wednesday continued hearing a writ petition filed by Justice Yashwant Varma, challenging the legality of the Parliamentary Committee constituted under the Judges (Inquiry) Act, 1968, to inquire into allegations relating to the recovery of unaccounted cash from his official residence. A Bench comprising Justices Dipankar Datta and Satish Chandra Sharma heard extensive submissions on the scope and interpretation of the Judges (Inquiry) Act, particularly the procedure to be followed when impeachment motions are moved simultaneously in both Houses of Parliament. Senior Advocate Mukul Rohatgi, appearing for Justice Varma, submitted that the constitutional and statutory procedure under Article 124(5) and the Judges (Inquiry) Act, 1968 had not been followed.

Central India's Premier English Daily

Central India's Premier English Daily

Credit: Centralchronicle

Key Highlights

  • He argued that a motion for the removal of a judge must be signed by 100 Members of the Lok Sabha or 50 Members of the Rajya Sabha.
  • Once such a motion is formally admitted, a committee can be constituted to conduct an inquiry, akin to a departmental proceeding.
  • In the present case, impeachment motions were moved in both Houses on the same day (21 July), triggering the proviso under Section 3 of the Judges (Inquiry) Act.
  • Rohatgi emphasised that the proviso uses mandatory and negative language, making it clear that no inquiry committee can be constituted unless motions are admitted in both Houses.
  • Since the Rajya Sabha motion was rejected on August 11, he argued that the subsequent constitution of the committee on August 12 was legally unsustainable.
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Sources

  1. Impeachment procedure under scrutiny: SC hears Justice Yashwant Varma’s challenge to judges’ inquiry committee

This quick summary is automatically generated using AI based on reports from multiple news sources. The content has not been reviewed or verified by humans. For complete details, accuracy, and context, please refer to the original published articles.

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