Impeachment process of Judge

22 Jul 2025 GS 2 Polity

Click to view full image

Context: Initiation of Removal Process

The process to remove Justice Yashwant Varma of the Allahabad High Court has begun.
Notices were submitted in both Lok Sabha and Rajya Sabha for his removal.
Justice Varma was transferred from the Delhi High Court after burnt currency notes were found at his official residence on March 14.

Support in Parliament

Rajya Sabha: Notice signed by 63 Opposition MPs.
Lok Sabha: Notice received bipartisan backing, with 152 MPs signing, including Rahul Gandhi, Ravi Shankar Prasad, Anurag Thakur, and others.
Trinamool Congress and Samajwadi Party members did not sign the notice.

Procedure Under the Constitution & Judges (Inquiry) Act, 1968

A removal motion must be signed by at least:
- 100 MPs in Lok Sabha
- 50 MPs in Rajya Sabha
The Speaker or Chairman may admit or reject the motion.
Vice President Jagdeep Dhankhar confirmed the Rajya Sabha notice meets criteria.
Law Minister confirmed a similar Lok Sabha notice was submitted.

Next Steps: Inquiry Committee Formation

If both Houses admit the motion, a three-member inquiry committee will be set up:
- A Senior Supreme Court judge
- A Sitting High Court Chief Justice
- A distinguished jurist
The committee must submit its report in 3 months.

After concluding its investigation, the committee will submit its report to the speaker or chairman, who will then lay the report before the relevant house of parliament. If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for consideration and debated.

The motion for removal is required to be adopted by each house of parliament by:

(i) a majority of the total membership of that house; and

(ii) a majority of at least two-thirds of the members of that house present and voting.

If the motion is adopted by this majority, the motion will be sent to the other house for adoption.

Once the motion is adopted in both houses, it is sent to the president, who will issue an order for the removal of the judge.

Article 124(4) of the Constitution says: "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour incapacity."

Past Reference

Congress leader Jairam Ramesh noted that a similar motion was submitted earlier against Justice Shekhar Yadav (Dec 13, 2024).
That motion was questioned due to a forged duplicate signature on the notice.

This process is in accordance with the constitutional provisions for removal of judges and the Judges (Inquiry) Act, 1968, ensuring accountability of the judiciary through parliamentary oversight.

← Back to list