Pursuant to Article 218, a deposit motion to remove a judge from the Supreme Court can be moved in both parliament’s house.
Justice Yashwant Verma, Judge, Allahabad High Court
The government of the Union is most likely to move a motion to accuse Delhi High Court Judge Yashwant Verma in the monsoon session of parliament. It will follow the recommendations of the three -part panel consisting of Justice Sheel Nagu, supreme judge of the Supreme Court of Punjab & Haryana; Justice GS Sandhawalia, supreme judge of the High Court of Himachal Pradesh; and Justice Anu Sivaraman, judge of the Supreme Court of Karnataka. The panel has laid down a statement in the case with regard to the accusations of pads of currency potatoes that were discovered in the official home of the court when a fire broke out on March 14.
After the then Chief Justice of India, Sanjiv Khanna had forwarded a copy of the research report, together with a recommendation to initiate accusation procedure against President Droupadi Murmu and Prime Minister Narendra Modi, the government decided to introduce the motion in the next session.
How can the judge be removed?
Pursuant to Article 218, an accusation of accusation to remove a judge from the Supreme Court can be moved to both parliament’s house. However, if the motion is introduced in the Lok Sabha, at least 100 members must give the speaker a signed notification. If the motion is moved in the Rajya Sabha, at least 50 members must provide the chairman a signed notification. The speaker or chairman can consult people and investigate relevant material with regard to the notification. Based on this, he or she can decide to admit or refuse to admit it.
How is the motion of accusation assumed?
If the motion is accepted, the Lok Sabha speaker or the Rajya Sabha chairman will form a committee with three members to investigate the complaint. The committee must be formed from a judge of the Supreme Court, a supreme judge of a Supreme Court and a prominent lawyer. The committee will frame costs and the investigation will be carried out on the basis of these costs. A copy of the charges is given to the judge who can present a written defense.
The motion can be assumed in every house by a majority of the total membership of that house and a majority of at least two -thirds of the members of that house present and voting. Once the motion in the house is accepted, it is sent to the other house. After the motion of deposition has been adopted by both houses of parliament, it is sent to the president. The president issues an order for removing the judge.
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