THE GIST: Is Yashwant Varma still a judge?
A legal question on whether a judge’s resignation ends office immediately, or only after formal acceptance under constitutional procedure, with implications for pending impeachment-style proceedings.
- Article 217 governs the appointment, tenure, and conditions of office of a High Court judge.
- The Hindu’s explainer says Yashwant Varma was still listed as a sitting judge in the Allahabad High Court and the Union Department of Justice records three months after resignation.
- The explainer raises the question of whether a judge’s resignation is effective only after acceptance by the President of India.
A High Court judge’s resignation has triggered a constitutional question on judicial office, resignation procedure, and pending accountability proceedings. The Hindu’s explainer focuses on Yashwant Varma and asks whether resignation by a judge ends office immediately or only after formal acceptance, and whether proceedings survive after resignation.
What the explainer highlights
The explainer notes that three months after Yashwant Varma’s resignation, his name is still shown as a sitting judge by the Allahabad High Court and the Union Department of Justice. It then raises two linked questions: whether a judge has a power to resign at will, and whether proceedings can continue if the judge is found guilty of charges.
UPSC may frame the issue around whether a judge’s resignation is effective on submission or on acceptance, how constitutional procedure protects judicial independence, and whether accountability proceedings can continue after resignation.
