As soon as the monsoon session of Parliament started, notices were given to impeachment against Justice Yashwant Verma in both the Houses Lok Sabha and Rajya Sabha on Monday. In the Lok Sabha, 152 MPs of the ruling party signed the notice brought against Justice Verma. Whereas the proposal brought by the opposition in the Rajya Sabha has the support of more than 50 MPs.
Rajya Sabha Chairman received notice
The notice of impeachment motion was given in both the houses on the same day against Justice Verma trapped in Kasakand and in the Rajya Sabha, Chairman Jagdeep Dhankhar informed about this and said that Justice Yashwant Verma has received a notice to remove. He said that this notice has been given by more than 50 members. This is more than the member number required to start the process of removing the judge of the High Court.
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In the Rajya Sabha, the Chairman said that if the proposals come in both the House in a single day, then it becomes a property of the House. A three -member committee is formed with the Chief Justice, a Chief Justice of the High Court and a member. After the report of this committee, the speaker or chairman can take a decision on the proposal. He said that if a proposal comes in a House, the Presiding Officer has the right to accept or dismiss it.
Notice can be given in any house
Jagdeep Dhankhar took cognizance of this notice and he had to take a decision in this regard. But before that, Vice President Dhankhar resigned from his post on Monday night, citing health reasons in the sudden changed development. But what happens when a notice is given to remove a judge in both houses on the same day?
The Judge Investigation Act mentions the process of investigating the judge and removing the post. According to Section 3 of the Act, information about the removal of a judge can be given in any House of Parliament. If the notice is given in the Lok Sabha, then it should be signed by at least 100 members of the House.
Committee will be formed after approved notice
If this notice is given in the Rajya Sabha, it should be signed at least 50 members. Once the notice is given, the Speaker or Chairman can accept the notice or refuse to accept it after advice from the persons concerned.
If the notice of impeachment is accepted, the Speaker or Chairman will keep the proposal pending and will constitute a committee for the purpose of investigating the grounds on which the judge has been demanded. This committee consists of a judge of the Supreme Court (may also be the Chief Justice), one of the Chief Justice of the High Court and a reputed jurist.
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When a proposal to remove a judge is given in both houses of Parliament on a single day, no committee will be constituted until the proposal is accepted in both houses. When the proposal is accepted in both houses, a committee is jointly formed by the Chairman and Chairman.
When the judge is given notice to remove the judge from the post on different days in both houses, the notice given later will be considered rejected.
What will happen after the formation of the committee?
The committee constituted by the Chairman or Chairman will fix charges against the judge on which investigation is proposed. Along with such allegations, the judge will be informed about the details of the foundations, due to which the allegations have been made and they will be given a chance to give their clarification in writing about this.
If it is alleged that the judges are physically or mentally disabled, they can be asked to conduct medical examination. If needed by the Central Government, Chairman or Chairman or both, one can appoint a lawyer to run a case against the judge.
Two -third majority required in both houses
After the investigation is over, the committee will present its report to the Chairman or Chairman, or where the committee, the chairman and the Chairman have been jointly formed on behalf of the chairman, in which he will make such comments on the whole matter, which he thinks is right. After this, the Speaker or Chairman or both will put the report on the table of Parliament as soon as possible.
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In order to remove the judge in Parliament, a two -thirds majority is necessary to pass impeachment. According to 543 members of the Lok Sabha, approval of about 362 members is necessary for this. At the same time, approval of at least 163 MPs out of 245 MPs is needed to pass it in Rajya Sabha.
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