Is Yashwant Varma still a judge?
Constitutional debate on whether a judge’s resignation can halt removal proceedings under the Judges (Inquiry) Act, 1968
- The resignation has raised the question of whether a judge can exit office before Parliament acts on a removal process.
- The pending removal process is placed within the statutory framework for judicial inquiry and removal.
- Parliament should still receive the inquiry committee’s report even if the removal motion lapses after resignation.
The Hindu examines the constitutional and procedural questions raised by former judge Yashwant Varma’s resignation while a parliamentary removal process is expected to move forward under the Judges (Inquiry) Act, 1968. The issue matters because judicial accountability must be balanced with judicial independence, and a resignation during pending removal proceedings may create a legal and procedural gap.
What happened
Charges of misbehaviour arose after partially burnt currency notes were found in March 2025 at an outhouse of Yashwant Varma’s official residence. Parliament is expected to consider the inquiry committee’s report in the Monsoon Session.
Relevant for GS2: Constitutional provisions, judicial accountability, and removal of judges, GS2: Parliamentary procedure and constitutional institutions, Essay: Judicial independence versus accountability.
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