Supreme Court Examines the Role of Rajya Sabha Chairman in the Removal Process of Judges
The Supreme Court is hearing a challenge by sitting Allahabad High Court judge Justice Yashwant Varma regarding the "unilateral" establishment of an inquiry committee by the Lok Sabha Speaker. The case centers on whether a notice of motion for removal must be admitted by both the Rajya Sabha Chairman and the Lok Sabha Speaker simultaneously if given on the same day. The Court is examining Section 3(2) of the Judges (Inquiry) Act, which mandates joint action. The Solicitor-General argued that the ultimate test of removal lies with the Houses of Parliament, while the petitioner claims procedural prejudice.
Key Points
- The case involves the interpretation of Article 32 of the Constitution and the Judges (Inquiry) Act.
- Under the Act, if motions are given in both Houses on the same day, the Chairman and Speaker must act jointly to form a committee.
- The petitioner argues that the rejection of the motion by the RS Chairman while the LS Speaker admitted it caused legal prejudice.
- The Supreme Court has reserved its ruling on whether the motion can be placed before the current RS Chair.
Exam Facts
- Article 32 of the Constitution (Right to Constitutional Remedies).
- Section 3(2) of the Judges (Inquiry) Act.
- Justice Yashwant Varma is the petitioner.
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