No constitutional relevance to SC in-house report on Justice Varma: Kapil Sibal
Sibal also accused the government of protecting Justice Shekhar Yadav and questioned the Rajya Sabha Secretariat over its attempt to reach out to him for the reported verification of his signature on the notice to move an impeachment motion against the judge for making 'communal remarks' last year at an event.
On the Justice Varma case, Sibal said, 'Under Article 124 of the Constitution, if 50 members of the Rajya Sabha or 100 members of the Lok Sabha submit a notice for moving a motion (for impeachment), then a judge's inquiry committee is set up under the Judges Inquiry Act.' But only Parliament has the power to constitute such a committee, said Sibal, who is also a senior advocate.
At a joint sitting of both Houses, the impeachment motion has to be passed by a two-thirds majority for it to go through. So, the investigation has to be under the judges inquiry committee set up under the Judges Inquiry Act, he said. The Constitution does not recognise any in-house procedure, Sibal said.
The MP also pointed out that Parliament states that the motion for impeachment will be brought by members and not the government. 'How does a minister make the statement that 'I will move the motion'? The government cannot rely on an in-house procedure,' he contended.
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