7 months ago
Supreme Court Questions Deputy Chairman's Role in Impeachment
The Supreme Court is discussing whether the deputy chairman of the Rajya Sabha can reject an impeachment motion against a judge when the chairman is absent.
The court questioned why the deputy chairman couldn't perform the chairman's duties, just as the vice president can act for the president.
Justice Yashwant Varma's lawyers argued that only the chairman or Speaker can reject such motions.
The court will decide after reviewing written submissions.
This case started after burnt currency notes were found at Justice Varma's home, leading to corruption allegations.
Supreme Court questioned if the Rajya Sabha deputy chairman can reject an impeachment motion in the chairman's absence.
Justice Varma's lawyers argued only the chairman or Speaker can reject such motions under the Judges (Inquiry) Act.
The court compared the deputy chairman's role to the vice president acting for the president.
The case involves corruption allegations against Justice Varma after burnt currency notes were found at his residence.
The court reserved its verdict and asked for written submissions by Monday.
- Who
- Supreme Court, Rajya Sabha Deputy Chairman, Justice Yashwant Varma, Senior Advocates Mukul Rohatgi and Siddharth Luthra, Solicitor General Tushar Mehta
- What
- Supreme Court's remarks on the role of the Rajya Sabha Deputy Chairman in rejecting an impeachment motion against Justice Yashwant Varma
- Where
- Supreme Court of India
- When
- Thursday (date not specified)
- Why
- To determine the legality of the parliamentary panel probing corruption charges against Justice Varma
Key facts
- Parties Involved
- Supreme Court, Rajya Sabha Deputy Chairman, Justice Yashwant Varma, Senior Advocates Mukul Rohatgi and Siddharth Luthra, Solicitor General Tushar Mehta
- Issue
- Role of Rajya Sabha Deputy Chairman in rejecting impeachment motion
- Act in Question
- Judges (Inquiry) Act of 1968
- Key Argument
- Whether deputy chairman can exercise chairman's powers in absence
- Court's Observation
- Constitution does not work in a vacuum; country cannot have a vacuum in governance
- Next Step
- Written submissions to be submitted by Monday
- Background
- Burnt currency notes found at Justice Varma's residence on March 14
Quotes
Mukul Rohatgi
Senior advocate representing Justice Yashwant Varma
“"The deputy chairman can perform the normal duties of the chairman but the Judges (Inquiry) Act only refers to the Lok Sabha Speaker and Rajya Sabha chairman, and no provision says that the chairman will 'mean and include' the deputy chairman."”
NDTV
“"The action of the deputy chairman in rejecting the motion was 'ultra vires' and added that one House cannot proceed with the inquiry when the other House has rejected the motion against the judge on the same material."”
NDTV
Tushar Mehta
Solicitor General of India representing both Houses of Parliament
“"If the deputy chairman cannot exercise the power of the chairman, then the proviso will become unworkable. The inquiry committee has to submit the report within three months and it becomes functus officio (having performed the duties) after that."”
NDTV
“"If there is no chairman, then who will grant the time for extension to the inquiry committee, if it's not a joint committee (in case a motion is filed only in the Rajya Sabha)?"”
NDTV
Justice Dipankar Datta
One of the two justices on the Supreme Court bench hearing the case
“"The argument will make the Act unworkable and the court cannot open the law for misuse."”
NDTV
“"The country has to move on. There cannot be any vacuum."”
NDTV
Supreme Court bench
A bench of Justices Dipankar Datta and S C Sharma of the Supreme Court of India
“"The Constitution does not work in a vacuum. If the vice president can exercise the functions of the president in the absence of the president, can't the Rajya Sabha deputy chairman exercise the functions of the chairman in the latter's absence?"”
NDTV
