CJI BR Gavai defends high bar on impeachment of Indian judges

Chief Justice of India (CJI) BR Gavai on Tuesday defended the high bar set for the impeachment of Supreme Court and High Court judges in India. 

He explained that the procedure is essential to maintain the independence of the judiciary. 

“If we want to maintain the independence of the judiciary…On one hand, we are opposing the political interference in the appointment of judges and, on the other hand, if we provide for an easier way to remove a judge...It’s a safeguard which permits judges to act independently. If that is taken away, then the very foundation of the rule of law, the independence of the judiciary, may come under a shadow,” he said. 

The CJI made the remarks while addressing Indian students at the University of Oxford’s Trinity College. 

A student referred to the incident about the alleged discovery of bundles of cash at the residence of Justice Yashwant Varma and asked CJI Gavai if he would have acted any differently than his predecessor, CJI Sanjiv Khanna, in the handling of the probe. 

The student also asked him whether he believes the high bar for the removal of judges is fair. 

CJI Gavai said he will not speak about the handling of the case. 

However, on the second aspect, he said that the high bar is necessary. 

Justice Varma, a sitting judge of the Allahabad High Court, is facing accusations of corruption after the reported discovery of a large quantity of unaccounted 'burnt' cash from his official residence earlier this year, when he a judge of the Delhi High Court. 

Even as an in-house committee of High Court judges constituted to probe the allegations indicted him, he refused to resign. 

On May 8, former CJI Khanna forwarded the findings of the committee to both the President and the Prime Minister of India.

According to reports, the government is planning to initiate impeachment proceedings against Justice Varma.