Parliament Initiates Impeachment Proceedings Against Justice Yashwant Varma

New Delhi: In a first for independent India, impeachment proceedings against a High Court judge have commenced in Parliament.

Former Delhi High Court judge Justice Yashwant Varma, who was repatriated to the Allahabad High Court earlier this year, faces possible removal following the discovery of burnt currency notes at his official residence in Delhi.

The motion to initiate impeachment was submitted to Lok Sabha Speaker Om Birla on Monday, with 145 Members of Parliament, cutting across party lines, signing the memorandum. Among the signatories are BJP leader and former Union Minister Anurag Thakur, Congress MP Rahul Gandhi and NCP (Sharad Pawar faction) leader Supriya Sule. Support also came from MPs of the CPI(M), TDP, JD(U) and JD(S), among others.Sources in the government confirmed that the motion meets the constitutional requirement for impeachment under Articles 124, 217 and 218 and will now be taken up for formal inquiry in Parliament.

On 15 March, a fire at Justice Varma’s government bungalow in central Delhi led to the startling recovery of charred bundles of ₹500 notes. The incident prompted widespread public and political outrage, raising serious questions about corruption in the higher judiciary.

Justice Varma, however, denied any involvement, calling the allegations “preposterous” and alleging a conspiracy to malign him.

Despite his defence, the Supreme Court formed an in-house committee to investigate the matter. The panel reportedly found credible grounds to proceed with his impeachment. According to a 64-page report, access to the outhouse where the burnt currency was found was maintained solely by the judge and his family.

Following the report, then Chief Justice of India Sanjiv Kumar forwarded the findings to President Droupadi Murmu and Prime Minister Narendra Modi, recommending the judge’s removal.

While the term “impeachment” does not appear in the Constitution, the Judges Inquiry Act of 1968 governs the removal of judges. As per the law, such a motion requires signatures from at least 100 MPs in the Lok Sabha or 50 in the Rajya Sabha.

Once admitted by the Speaker or the Chairperson of the House, a formal inquiry is conducted. If both Houses subsequently pass the motion by a two-thirds majority, the President may issue an order for the judge’s removal.

Justice Varma has filed a petition in the Supreme Court challenging the committee’s findings. He has questioned its jurisdiction, asserting that the Chief Justice and the apex court do not hold supervisory powers over High Court judges. He also contended that he was denied a fair hearing and that relevant evidence supporting his innocence was ignored.

India has never impeached a sitting judge, though attempts have been made in five previous instances. The last such effort was in 2018, targeting then Chief Justice of India Dipak Misra.