Justice Varma inquiry: how can a constitutional court judge be removed?
Why in news- A three-member statutory committee found all three articles of charge against former Justice Yashwant Varma proved.
- The findings concerned:
- Substantial burnt currency discovered in a storeroom under his effective control.
- Failure to preserve crucial material evidence.
- Explanations found evasive and unsatisfactory.
- He resigned during the inquiry, creating a legal question: can parliamentary proceedings continue after a judge leaves office?
- Supreme Court judges are removed under Article 124(4).
- Article 218 extends this procedure to High Court judges.
- Removal is possible only on grounds of:
- Proved misbehaviour; or
- Incapacity.
- A removal motion requires the signatures of:
- At least 100 Lok Sabha members; or
- At least 50 Rajya Sabha members.
- The Speaker or Chairman may admit or reject the motion.
- If admitted, a three-member committee is constituted under the Judges (Inquiry) Act, 1968, consisting of:
- A Supreme Court judge;
- A Chief Justice of a High Court;
- A distinguished jurist.
- If the committee proves the charge, each House must pass the motion in the same session by:
- A majority of the total membership of that House; and
- At least two-thirds of members present and voting.
- The President then issues the removal order.
- An internal “in-house inquiry” of the judiciary is different from the statutory parliamentary inquiry.
- A committee report does not itself remove the judge.
- The claim that proceedings can continue after resignation remains a contested constitutional question.
- Parliament may still consider whether proven misconduct should have consequences for pension, privileges or future appointments, but such consequences require a clear legal basis.
- Judicial independence protects judges from political retaliation.
- Judicial accountability ensures that independence does not become immunity.
- India needs a transparent judicial-complaints mechanism for misconduct below the extremely high threshold of removal.