Justice Yashwant Varma Resigns: A Strategic Move to Avoid Embarrassment

Overview of Justice Varma’s Resignation

On Friday, former Allahabad High Court judge Justice Yashwant Varma announced his resignation, strategically avoiding the potential embarrassment of being the first judge to be removed through a parliamentary motion. His resignation comes after the Lok Sabha admitted a motion to initiate removal proceedings against him in August of the previous year.

The Legal Framework for Judicial Removal

The process for removing a judge from a constitutional court is meticulous and requires significant parliamentary support. According to the law, a motion for removal needs to be endorsed by 100 Members of Parliament (MPs) in the Lok Sabha and 50 in the Rajya Sabha. Historically, only five judges from constitutional courts have faced such proceedings, with the first instance involving Justice V Ramaswami from the Supreme Court in 1991.

Historical Context: Previous Removal Cases

Despite several attempts to remove judges, many have managed to escape proceedings:

• Justice V Ramaswami: The motion against him failed to secure the necessary two-thirds majority in the Lok Sabha.
• Justice Soumitra Sen: Although the Rajya Sabha voted in favor of his removal in 2011, he resigned before the Lok Sabha could vote.
• Justice PD Dinakaran: He also resigned before any removal proceedings were initiated in the Rajya Sabha.

In 2015, motions were moved against both Justice JB Pardiwala and Justice SK Gangele, yet both judges navigated the removal process successfully.

The Motion Against Justice Varma

On August 12, 2025, the Lok Sabha speaker admitted a motion for Justice Varma’s removal. Following this, an inquiry committee was constituted, which upheld its legality based on the Supreme Court’s endorsement. Article 124(4) of the Constitution permits the removal of a judge of the Supreme Court or High Court through an order from the President, facilitated by a majority vote from both Houses of Parliament.

Insight into the Judges (Inquiry) Act

The Judges (Inquiry) Act governs the procedures for judicial removal. Under Section 3(2), a three-member committee—comprising the Chief Justice of India or a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist—assesses whether the concerned judge is guilty of "misbehaviour or incapacity."

Conclusion

Justice Yashwant Varma’s resignation serves as a notable chapter in the evolving landscape of judicial accountability in India. His decision not only spares him from potential disgrace but also highlights the complexities involved in the removal of judges from constitutional courts. As the legal framework continues to shape such proceedings, the case of Justice Varma will undoubtedly remain a point of discussion in the judicial community.