Supreme Court says Rajya Sabha Secretariat should not decide admissibility of Justice Yashwant Varma removal motion

The Hindu
The Hindu
11h ago
The Supreme Court said the Rajya Sabha Secretary General exceeded an administrative role by drafting a decision that a removal motion notice against Justice Yashwant Varma was inadmissible and said the Lok Sabha Speaker or Rajya Sabha Chairman should decide admission of such motions.
Supreme Court says Rajya Sabha Secretariat should not decide admissibility of Justice Yashwant Varma removal motion
A What happened
The Supreme Court raised concerns that Rajya Sabha Secretary General P.C. Mody prepared a draft decision concluding that a notice of motion by Rajya Sabha MPs to remove Justice Yashwant Varma was inadmissible. The Deputy Rajya Sabha Chairman rejected the MPs’ notice of motion based on the Secretary General’s conclusions that not all was “in order”. A Bench of Justices Dipankar Datta and S.C. Sharma said the Secretary General’s role was administrative and did not extend to quasi-adjudicatory functions. The court said the Secretariat should exercise restraint and leave admission of such motions to the Lok Sabha Speaker or the Rajya Sabha Chairman, as applicable.

Key insights

  • 1

    Admission decisions should rest with presiding officers: The Supreme Court said the Lok Sabha Speaker or the Rajya Sabha Chairman should decide the question of admission of a removal motion, not the parliamentary Secretariat.

  • 2

    Secretariat role limited to administration: The Supreme Court said the Rajya Sabha Secretary General’s role is administrative and does not extend to quasi-adjudicatory functions such as concluding a motion notice is inadmissible.

Takeaways

The Supreme Court said the Rajya Sabha Secretariat should exercise restraint and leave admissibility decisions on judge removal motions to the Lok Sabha Speaker or the Rajya Sabha Chairman.

Topics

World & Politics Governance Law & Public Safety Courts

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