Justice Yashwant Varma, then a sitting judge of the Delhi High Court, became the centre of a major legal and political storm after a significant amount of partially burnt cash was discovered at his official residence in Delhi. The incident occurred on March 14, 2025, following a fire in the outhouse.
Acting on this, Chief Justice of India Sanjiv Khanna formed a three-member in-house inquiry committee, led by Chief Justice Sheel Nagu of the Punjab and Haryana High Court. This committee began probing the incident as the Parliament’s monsoon session kicked off with intense focus on the matter.
Over 200 MPs Submit Impeachment Motion in Parliament
As the monsoon session began, over 200 Members of Parliament, representing multiple political parties, submitted formal notices to both the Lok Sabha Speaker and the Rajya Sabha Chairman, seeking Justice Varma’s removal. The allegations have triggered demands for judicial accountability.
With this, the impeachment process has formally begun, highlighting how Parliament can hold judges accountable under exceptional circumstances. The Parliament now awaits the next step: a decision by the presiding officers on whether to admit the motion for further inquiry, following constitutional procedures outlined under Articles 124(4) and 218.
Understanding the Judge Impeachment Process
India follows a strict and detailed process to remove a sitting High Court or Supreme Court judge. The Constitution, through Articles 124(4), 124(5), and 218, along with the Judges (Inquiry) Act, 1968, outlines this framework.
Grounds for removal are limited to proved misbehaviour or incapacity. Misbehaviour includes corruption, ethical violations, or conduct damaging the judiciary’s dignity. Incapacity refers to physical or mental inability to perform duties. The process requires at least 100 MPs from the Lok Sabha or 50 from the Rajya Sabha to sign a motion, which is then submitted for consideration by the respective House presiding officer.
Step-by-Step: How Parliament Removes a Sitting Judge
Once a motion is submitted, the Speaker or Chairman can either admit or reject it. If admitted, a three-member inquiry committee gets formed, comprising a sitting Supreme Court judge or the Chief Justice of India, a Chief Justice of a High Court, and a jurist. This committee investigates the charges, hears witnesses, and allows the accused judge to present a defence. If the committee finds the judge guilty, both Houses of Parliament must pass the motion with a special majority majority of the total House membership and at least two-thirds of those present and voting during the same session.
Presidential Approval Finalises Removal, In-House Inquiry Also Exists
If Parliament passes the motion by the required majorities, it is sent to the President of India. Upon receiving it, the President issues an official order to remove the judge. Separately, the Chief Justice of India can also act through an internal mechanism without statutory force by initiating informal investigations.
If the CJI finds serious misconduct, they may advise the judge to resign. If the judge refuses, the CJI can stop assigning judicial work and notify the President and Prime Minister. This move can lead to formal impeachment but depends on the government’s response.
Previous Impeachment Attempts Against Indian Judges
India has seen five major attempts to impeach sitting judges. In 1993, Parliament failed to remove Supreme Court Justice V. Ramaswami due to a lack of two-thirds majority. Justice Soumitra Sen of Calcutta High Court resigned in 2011 after Rajya Sabha passed an impeachment motion against him.
In 2015, MPs filed notices against Justice J.B. Pardiwala for controversial remarks on reservation and Justice S.K. Gangele over sexual harassment charges, which were later dropped due to insufficient evidence. In 2017, a motion was moved against Justice C.V. Nagarjuna Reddy. In 2018, MPs signed a proposal to impeach CJI Dipak Misra.
Judges Who Resigned Before Facing Impeachment
Justice P.D. Dinakaran, Chief Justice of the Sikkim High Court, resigned in July 2011 amid allegations of corruption, land grabbing, and misuse of office. The Rajya Sabha Chairman had already set up a judicial panel under the Judges Inquiry Act, 1968.
However, Dinakaran stepped down before Parliament could initiate formal impeachment proceedings. His resignation ended the process before it reached the debate or voting stage.
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Swastika Sruti is a Senior Sub Editor at NewsX Digital with 5 years of experience shaping stories that matter. She loves tracking politics- national and global trends, and never misses a chance to dig deeper into policies and developments. Passionate about what’s happening around us, she brings sharp insight and clarity to every piece she works on. When not curating news, she’s busy exploring what’s next in the world of public interest. You can reach her at [swastika.newsx@gmail.com]
