The process of removing Justice Yashwant Verma of Allahabad High Court from the post has intensified. A large quantity of cash was found from Verma’s residence while living in Delhi High Court. Corruption was a big stain on him, but Justice Verma is not ready to resign. In such a situation, notice of proposal related to the removal of Yashwant Verma from his post has been given in the Lok Sabha and Rajya Sabha on Monday.
On the first day of the monsoon session, a proposal was brought by the government against Justice Verma in the Lok Sabha on Monday. 152 MPs of the ruling party signed the impeachment motion brought against Justice Verma. At the same time, a proposal has been brought by the opposition in the Rajya Sabha, in which 63 MPs supported the impeachment motion against Justice Yashwant Verma.
Both the ruling and the opposition are ready to remove Justice Verma from his post, but now the real fight is to take credit. Jagdeep Dhankhar has resigned as Vice President late Monday evening, but before that he has taken the opposition’s proposal in the House in notice. Now after resigning, it is in everyone’s mind that what will happen to the proposal brought in the Rajya Sabha?
The process of removing the judge?
There is a process in the constitution to remove the judge, which has impeachment options. The first rule of impeachment motion to remove the judge is that it is necessary to sign 100 MPs and 50 MPs of Rajya Sabha in favor of the proposal. After signing the MPs, the proposal of impeachment is given to the Lok Sabha Speaker or Rajya Sabha chairman. The impeachment will either run in the Lok Sabha or in the Rajya Sabha.
In the matter of removing Justice Verma, the government has proposed in the Lok Sabha, while the opposition has brought a proposal in the Rajya Sabha. A total of 152 members have been signed by Rahul Gandhi to BJP leaders Ravi Shankar Prasad, Anurag Thakur, including Om Birla to the Lok Sabha Speaker associated with the removal of Justice Verma. At the same time, 63 MPs have signed in the proposal brought by the opposition in the Rajya Sabha.
Impact of Dhankar’s resignation
Jagdish Dhankhar has resigned from the post of Vice President on Monday after an impeachment motion brought against Justice Yashwant Verma. However, on Monday, the first day of the monsoon session, he has taken the opposition’s proposal to cognizance and had fixed Tuesday for further decision on it. But, before that, he has resigned from the post of Vice President, which has now been accepted.
After the resignation of Jagdeep Dhankhand, now the responsibility of taking a decision has come on the Deputy Chairman of Rajya Sabha. Rajya Sabha Deputy Chairman Harivansh will depend on Narayan Singh whether the opposition accepts the proposal to be removed by Verma. It has been said in the constitution that if a proposal comes in both houses of Parliament on the same day, then the Chairman of both the House meets and constitutes a three -member committee.
Ball in speaker-bhapati’s court
Under the Judge Investigation Act 1968, if any proposal is presented on both houses on the same day, then the process is different for it. In such a situation, if a proposal is presented on different dates in both houses, then the proposal which is first presented in the House is taken into consideration and the second proposal becomes non-official. In such a situation, the proposal is presented in only one House, so the presiding officer of that House has the right to consider and accept or reject the proposal.
In the case of Justice Verma, proposals have been brought in both houses of Parliament on the same day. If the government has brought in the Lok Sabha, the opposition has brought in the Rajya Sabha, but it has not been accepted. On the same day in both houses of Parliament, no committee will be formed until the proposal is accepted in both houses, where such a proposal has been accepted in both houses, the inquiry committee is jointly formed.
In the case of Yashwant Verma, if Lok Sabha Speaker Om Birla accepts the proposal and Deputy Chairman Harivansh Narayan Singh in the Rajya Sabha accepts the opposition’s proposal. In such a situation, both the Lok Sabha speaker and the Deputy Chairman of Rajya Sabha will form a three -member committee. In this way, Om Birla and Harivansh Singh have to decide on the proposal to remove Verma. At the same time, if Deputy Chairman Harivansh Singh does not make the proposal brought in the Rajya Sabha, then Om Birla will be formed, even if a three -member committee will be formed.
A three -member committee will be formed
If the proposal removing Justice Verma is accepted to the Lok Sabha and Rajya Sabha, then a committee will be jointly formed. The Lok Sabha Speaker and the Rajya Sabha Deputy Chairman will form an inquiry committee of one and three members, whose one member will be placed a judge of the Supreme Court, a Chief Justice of the High Court and a justice with.
The three -member committee will work to investigate three months. If this committee found that the allegation is baseless, then the matter is over, otherwise the allegations made in the investigation report are debated in Parliament. In this process, the accused judge gets a chance to clarify. The rule is also that the proposal has been introduced in the Parliament session. A decision should be taken in that.
If the committee finds in the investigation that corruption has taken place, then a two -thirds majority is necessary to get impeachment passed to remove the judge. The number of 543 members of the Lok Sabha in the Indian Parliament is about 362. In such a situation, if the impeachment motion has to be passed in the Lok Sabha against Justice Verma, then the approval of at least 362 MPs will be necessary. If the impeachment comes in the Rajya Sabha, then the approval of at least 163 MPs out of 245 will be needed.
Impeachment came in the country six times
In India, the path of impeachment is paired to remove the judge. This impeachment was done 6 times in the country, but not a single judge could be removed. The most talked about case was a case of two judges. Justice Ramaswamy surrendered even after impeachment. Justice Soumitra Sen resigned and postponed the impeachment by resigning to avoid waterlight on 11th hour.
In 1970, the impeachment motion of about 200 MPs was not accepted by the Lok Sabha Speaker GS Dhillon against JC Shah, who was a judge of the Supreme Court. In such a situation, now it has to be seen whether the impeachment brought against Justice Verma is or not?
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