All Parties Unite to Remove Justice Yashwant Varma: In a significant political and legal development, Parliamentary Affairs Minister Kiren Rijiju has stated that all major political parties have agreed to support the impeachment of Justice Yashwant Varma, a sitting judge of the Allahabad High Court. This move follows the discovery of burnt bundles of currency notes at his Lutyens’ Delhi residence during a fire incident earlier this year.
Speaking exclusively to PTI in a video interview, Rijiju clarified that this is not a unilateral move by the central government but rather a collective decision of Parliament members from across the political spectrum.
Not a Government Move, but a Parliamentary Stand
“I have spoken to all senior leaders from various political parties,” said Rijiju. “Even the Congress party and some single-MP parties are on board. This is about the dignity of the judiciary and the unified stand of the Indian Parliament.”
Rijiju emphasized that the corruption in the judiciary is a matter of grave national concern. “When people come to the courts, they seek justice. If there’s corruption there, it erodes the very foundation of democracy,” he said.
Congress Backs the Motion
The Congress party has pledged full support, saying all its Members of Parliament will sign the motion to remove Justice Varma. Rijiju welcomed this development, stating, “I am happy that the principal opposition party has realized the seriousness of the matter. No political entity can afford to appear in support of a corrupt judge.”
How the Removal Process Works
As per constitutional provisions, a motion for removal of a judge must be signed by:
- At least 100 MPs in the Lok Sabha, and
- 50 MPs in the Rajya Sabha.
The motion is submitted to the Presiding Officer, who then sets in motion a formal inquiry under the Judges Inquiry Act. The process includes:
- Constitution of an investigation committee
- A three-month deadline to submit the report
- Tabling of the report in Parliament
- A detailed discussion and voting in both Houses
The Scandal: What Happened at Justice Varma’s Residence?
In March this year, a fire broke out at Justice Yashwant Varma’s official residence in Lutyens’ Delhi, where he was serving as a Delhi High Court judge at the time. During the firefighting efforts, sacks of half-burnt currency notes were discovered in a storeroom adjacent to the house.
Although Justice Varma denied any wrongdoing, a confidential in-house inquiry launched by then Chief Justice of India Sanjiv Khanna found strong evidence pointing to covert or direct control of the cash storeroom by Justice Varma and his family.
The inquiry report categorically indicted Justice Varma, citing serious judicial misconduct. He was repatriated to the Allahabad High Court but was not assigned any judicial work thereafter.
Judiciary’s Integrity at Stake
“Corruption in the judiciary should never be brushed under the carpet,” Rijiju said, stressing the need for transparency, accountability, and public trust in the justice system. “This is not a partisan issue. It is about restoring faith in institutions.”
Political Unity on a Sensitive Issue
The rare political consensus comes at a time when parties are often divided on most national issues. Rijiju’s outreach to leaders from across the political spectrum—including smaller parties—signals the Parliament’s determination to uphold judicial integrity.
“No party wants to be seen defending the indefensible,” Rijiju noted. “We have to draw a clear line when it comes to ethics in public life.
What’s Next?
Once the motion is signed and submitted, the process will formally begin. Over the next three months, the inquiry committee will investigate the matter in depth and report its findings to the Parliament.
If found guilty by both Houses, Justice Varma may become one of the rare Indian judges to be removed through impeachment, reinforcing the message that no one is above the law—not even those who are expected to interpret it.
Conclusion
The Justice Yashwant Varma case could set a powerful precedent in India’s judicial history. With political parties showing rare unity, and the Parliament taking a firm stance on corruption within its own institutions, the message is clear: Judicial corruption will not be tolerated. As this motion progresses, the nation will be watching closely, hopeful that justice will prevail—both in principle and in practice.
Frequently Asked Questions (FAQs)
1. Why is Justice Yashwant Varma facing removal?
Justice Yashwant Varma is facing removal after sacks of half-burnt currency notes were discovered at his Lutyens’ Delhi residence during a fire incident. A subsequent in-house judicial inquiry found evidence suggesting his and his family’s involvement, amounting to serious judicial misconduct.
2. Who is supporting the motion to remove Justice Varma?
According to Parliamentary Affairs Minister Kiren Rijiju, all major political parties—including the Congress—have come together to support the impeachment motion against Justice Varma. Even smaller parties and single-MP parties are being consulted to ensure full parliamentary consensus.
3. What is the process to remove a High Court judge in India?
The removal process involves:
- Signing of a motion by 100 Lok Sabha MPs or 50 Rajya Sabha MPs
- Submission to the Speaker or Chairman
- Formation of an inquiry committee under the Judges Inquiry Act
- A three-month investigation
- Tabling of the report in Parliament
- Approval by two-thirds majority in both Houses
4. What were the findings of the inquiry against Justice Varma?
The inquiry committee concluded that Justice Varma and his family had covert or active control over the area where the illegal cash was found. The report held him guilty of serious misconduct, justifying the move for impeachment.
5. Has Justice Varma been suspended or removed already?
No, Justice Varma has not been officially removed yet. However, he has been repatriated to the Allahabad High Court and relieved of judicial duties, pending the outcome of the parliamentary impeachment process.
6. Can Justice Varma challenge the impeachment process in court?
While rare, a judge can challenge the impeachment process in the Supreme Court if they believe procedural violations or bias exist. However, past rulings have emphasized that Parliament has exclusive jurisdiction over such matters if due process is followed.
7. Why is this case significant for the Indian judiciary?
This case is significant because it challenges the integrity of the judiciary, one of the most trusted pillars of democracy. If Justice Varma is removed, it would reinforce the idea that even judges are not above the law, setting a historic precedent for judicial accountability.
8. When will Parliament vote on the motion against Justice Varma?
Once the inquiry committee submits its report in three months, the motion will be debated and voted upon in both the Lok Sabha and Rajya Sabha. The timeline depends on when the motion is formally admitted and the committee is constituted.
9. What happens if Parliament approves the impeachment?
If both Houses of Parliament approve the motion with a two-thirds majority, the President of India will issue an order for Justice Varma’s removal, and he will cease to hold office as a judge of the High Court.
Historical FAQs on Judge Removal in India
1. Has any judge ever been impeached in India before?
No judge has ever been successfully impeached in India to date. While there have been attempts, none have resulted in a judge’s formal removal by Parliament. The high constitutional threshold and political complexities often stall the process before it reaches conclusion.
2. Which was the first judge to face impeachment proceedings in India?
The first impeachment motion in independent India was brought against Justice V. Ramaswami, a Supreme Court judge, in 1993. Despite the findings of misconduct by an inquiry committee, the motion failed in the Lok Sabha due to lack of two-thirds majority.
3. Why did the impeachment motion against Justice V. Ramaswami fail?
The motion failed because the Congress party abstained from voting in the Lok Sabha. Though a majority of MPs supported the motion, it did not meet the constitutional two-thirds requirement, so Justice Ramaswami remained in office.
4. Were there other judges involved in impeachment proceedings?
Yes, other judges such as Justice Soumitra Sen of the Calcutta High Court and Justice P. D. Dinakaran of the Sikkim High Court also faced impeachment proceedings in the 2010s. However:
- Justice Sen resigned before the Lok Sabha could vote.
- Justice Dinakaran also resigned before the process progressed.
5. What happens if a judge resigns before the impeachment process ends?
If a judge resigns before the motion is passed, the impeachment process is dropped, as the judge no longer holds office. This has been a strategic move used in past cases to avoid the formal and public embarrassment of impeachment.
6. Why is it so difficult to remove a judge in India?
Judges in India enjoy constitutional protection to ensure judicial independence. Removal requires:
- A detailed inquiry process
- A two-thirds majority in both Houses of Parliament
- And strict adherence to due process
These safeguards ensure judges are removed only for proven misconduct, not political reasons.
7. What is the Judges (Inquiry) Act, 1968?
The Judges Inquiry Act, 1968 governs the procedure for investigating and removing judges of the Supreme Court and High Courts in India. It lays down how a motion is initiated, how the inquiry committee is formed, and how Parliament must act on the report.
8. Can the President of India remove a judge unilaterally?
No, the President of India cannot remove a judge independently. The President acts only after Parliament passes the impeachment motion with the required two-thirds majority, as per Article 124(4) and Article 217 of the Constitution.