Is the Impeachment of Justice Yashwant Varma Unconstitutional?

New Delhi, June 10 (NationPress) Senior advocate and Rajya Sabha member Kapil Sibal on Tuesday strongly condemned any efforts to initiate impeachment proceedings against Justice Yashwant Varma based solely on an in-house inquiry report, branding it as "entirely unconstitutional" and a serious threat to judicial independence.

During a press conference, Sibal pointed out that Union Law Minister Kiren Rijiju has been engaging with various opposition parties to forge a consensus for launching an impeachment motion against Justice Varma. "If such a move is made, we will vigorously oppose it," he cautioned.

He underscored that any attempt to remove a judge solely based on an in-house inquiry, without adhering to the due process outlined in the Judges (Inquiry) Act, would set a perilous precedent.

"This is nothing short of an indirect way to control the judiciary," he stated.

"The Constitution does not permit the removal of a judge based solely on an in-house inquiry's findings. The Judges Inquiry Act of 1968 stipulates the procedures for judicial accountability. Ignoring that would be illegal and a gross infringement of constitutional safeguards," Sibal affirmed.

He further mentioned that if the government moves forward with such actions, he and like-minded legislators would not only oppose it in Parliament but also seek legal and constitutional remedies.

While recognizing the gravity of corruption allegations in the judiciary, Sibal insisted that the matter should not be exploited for political gain. "This issue transcends party politics. Allegations against Justice Varma need to be addressed seriously, but within the constitutional framework," he emphasized.

Justice Yashwant Varma, previously a judge of the Delhi High Court, faced scrutiny after allegedly burnt cash was discovered in a storeroom at his official residence in the national capital. Following these allegations, the Supreme Court formed an in-house inquiry committee, which presented its report last month. The report has been sent to the Prime Minister's Office and the President for further action.

Although no formal impeachment motion has yet been introduced in Parliament against Justice Varma, Sibal alleged that there have been behind-the-scenes efforts to initiate one.

"If this government proceeds with the removal of a judge based merely on an in-house report, without a formal motion and inquiry under the Judges Inquiry Act, it will signify a dangerous turning point. It will undermine judicial independence, erode constitutional safeguards, and pave the way for political misuse,"** Sibal warned.