The Central government is preparing to collect signatures from Members of Parliament in an effort to initiate a motion seeking the removal of Justice Abhay S. Oka Varma from his judicial post. According to official sources, the move is being framed under the constitutional process laid out for the impeachment of judges found to have violated judicial ethics or conduct.
Although the exact grounds for the proposed removal motion have not yet been made public, sources suggest it relates to alleged “misconduct” and “impropriety” in certain judgments or actions perceived as politically sensitive. The decision to gather signatures is seen as a preliminary yet serious step, indicating that the government may formally introduce the motion in the near future.
As per Article 124(4) and the Judges (Inquiry) Act, 1968, the removal of a Supreme Court judge requires a motion to be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members, followed by a detailed investigation. Only after both Houses of Parliament pass the motion with a two-thirds majority can the President order the judge’s removal.
This unprecedented move comes amidst increasing debates around judicial independence, with legal experts and opposition leaders cautioning against what they call “executive overreach” and politicisation of the judiciary.
