Removal of judge of High Court

Context : The Union government is preparing to initiate a motion in Parliament for the removal of Justice Yashwant Varma, a judge of the Allahabad High Court, following the discovery of burnt currency notes at his official residence during his previous tenure at the Delhi High Court.

• Union Minister Kiren Rijiju stated that the signature collection process for the motion will begin soon.

• Support Needed:

  • 100 Lok Sabha MPs or

  • 50 Rajya Sabha MPs are required to admit the motion.

• Motion Introduction: The House (LS or RS) in which the motion will be introduced is yet to be decided.

• Proven Misbehavior or Incapacity: A judge can only be removed for proven misbehavior or incapacity, as determined by the process outlined below

• Process:

  • If admitted, a three-member inquiry committee (SC judge, HC Chief Justice, and a jurist) will be formed under the Judges (Inquiry) Act, 1968.

  • The committee must report within three months.

• Background:

  • Burnt sacks of currency were found in March 2024 at Justice Varma’s Delhi residence.

  • He denied knowledge of the cash.

  • A Supreme Court in-house panel led by then CJI Sanjiv Khanna recommended his removal but did not indict him.

• Parliament Session:

  • The Monsoon Session (July 21–August 21) was extended by 10 days for additional legislative business.

The constitutional authority to remove a HC judge lies solely with Parliament, not with the in-house inquiry panel.