The stage is set for yet another probable removal proceeding (the expression “impeachment” being used in common parlance) – this time against Justice Yashwant Varma, with the Supreme Court forwarding an in-house inquiry report to the President and the Prime Minister for appropriate action.
But it’s almost impossible to remove a judge and none have been removed since the Constitution came into force on January 26, 1950. Like a cat, an indicted Judge has nine lives to avoid being removed by a motion of removal in Parliament.
A detailed exposition of in-house enquiry procedure is outlined in the Supreme Court’s judgment in Addl District and Sessions Judge ‘X’ versus State of MP (2015), providing a two-stage deliberation. Firstly, formation of a prima facie view as regards the veracity of the material available, and if the same is found to contain serious allegations involving misconduct or impropriety, the response of the judge concerned needs to be elicited.