The Justice Varma cash row in March brought judicial accountability sharply into focus, raising questions about complex impeachment process a mechanism not widely understood by the public. Speculation linking the scandal to the Vice President’s resignation has further fuelled political intrigue, adding another layer to an already heated atmosphere
-1754995126494_d.png "Justice on trial: How are judges impeached in India")
Justice Yashwant Varma. Image/File Pic
The Justice Varma cash row scandal has brought Indian judicial accountability into sharp focus. While India takes pride in an independent judiciary, that independence must be accompanied by responsibility. The coming weeks could be historic—not just for Justice Varma, but for the nation’s faith in democratic institutions and judicial transparency.
Former Delhi High Court Justice Yashwant Varma is facing a case after large amounts of burnt currency were allegedly discovered at his official residence in Delhi. Amid the ongoing controversy surrounding the Justice Varma cash row, the Supreme Court of India criticised the former Delhi High Court judge last week, stating that the “Chief Justice’s office is not a post office.”
The Supreme Court’s remark followed Justice Varma’s challenge to the findings of a three-member apex court committee, which investigated the case and held him accountable for unaccounted cash. The committee concluded that the judge and his family had “tacit or active control” of the storeroom where the cash was found, indicating Justice Varma’s possible responsibility for the cash recovered at his residence. With an impeachment motion already initiated in the Rajya Sabha, the proceedings may well become a milestone in the history of India’s judicial system.
What is impeachment?
In simple terms, impeachment is a constitutional mechanism to remove a sitting judge of the Supreme Court or a High Court in India. While the process may sound straightforward, it is intentionally complex to safeguard judicial independence.
The Judges (Inquiry) Act, 1968, along with relevant constitutional provisions, governs the removal of judges. The Indian Constitution prescribes a rigorous process for the impeachment of judges of the Supreme Court and High Courts. According to Article 124(4) (for Supreme Court judges) and Article 217(1)(b) (for High Court judges), a judge can only be removed for "proved misbehaviour or incapacity."
Is the Justice Varma Cash Row linked with Jagdeep Dhankar’s resignation?
Amid the controversy, speculation grew in political circles that the cash row developments may have indirectly contributed to Vice-President Jagdeep Dhankar’s resignation. As Chairman of the Rajya Sabha, he plays a key role in judicial impeachment proceedings. While no official link has been established, the timing has triggered debate and calls for transparency at the highest levels.
On the first day of the Parliament Monsoon Session, Dhankar spoke in the Upper House on judicial accountability, stating, “The time has come to revisit.” Expressing concern over the delay in registering a first information report (FIR) against Justice Varma, the Vice-President appeared visibly agitated. Although it is unclear whether these developments led to Dhankar’s resignation, the impeachment motion introduced in the Rajya Sabha certainly sparked speculation. Just hours after the Rajya Sabha took up the motion, BJP ministers reportedly urged Dhankar not to proceed. The political response indicated a possible alternative approach to judicial accountability. The situation took another turn when Dhankar abruptly resigned, citing ‘medical reasons.’ From initiating the motion to the Vice-President’s resignation, the sequence of events suggests that more may be concealed than revealed.
Advocate Prateek Jain
Commenting on speculation surrounding Dhankar’s resignation, Supreme Court Advocate Prateek Jain said, “Although the Vice-President’s resignation citing health reasons seems fishy, drawing conclusions based solely on rumours may be premature. With the motion already moved in the Upper House, the findings of the three-member committee certainly raise serious questions about Justice Varma’s accountability.”
The impeachment process
Impeaching a judge in India involves a lengthy and intricate process. While no judge has been impeached so far, several motions have been introduced in the past. As Parliament prepares for what could be a landmark decision, here’s a closer look at how impeachment works in India, and why it remains so rare.
How can a Supreme Court or High Court judge be impeached?
Initiating the motion: The process begins when at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs submit a motion to the Speaker or Chairman, respectively.
Investigation: If the motion is accepted, a three-member inquiry committee is constituted under the Judges (Inquiry) Act, 1968, to investigate the allegations. The judge facing impeachment has the right to defend themselves and present their case before the Supreme Court after the committee submits its findings.
Parliamentary voting: If the committee finds the judge guilty, the matter returns to Parliament. The motion must then be passed in both Houses by a two-thirds majority of members present and voting.
Impeachment: Once passed by both Houses, the President can formally remove the judge from office.
(Source: The Judges (Inquiry) Act, 1968)
Why is impeachment so rare?
Although India has witnessed multiple attempts to impeach judges, none have succeeded. To protect judicial independence and prevent undue pressure on judges, the process is deliberately rigorous and requires overwhelming consensus.
Every coin has two sides
Impeaching a judge demonstrates the strength and maturity of a democracy. It also raises serious concerns about judicial integrity and the system’s robustness.
While corruption must be addressed with zero tolerance, removing a judge from constitutional office is a drastic step that could affect public perception of the judiciary. However, if Justice Varma is impeached, it may mark a new era of judicial accountability in India.
As allegations intensify and Parliament deliberates on Justice Varma’s impeachment, one rarely asked question comes to the fore: will the former Delhi High Court judge be impeached, or will he resign?
What do legal experts say?
High Court Advocate Falgun Yadav, who has been involved in several landmark cases, believes that judicial independence and accountability must go hand-in-hand to preserve public trust. “While India has ensured its courts are free from external pressures, the mechanisms for holding judges accountable remain unclear. The emphasis on independence sometimes comes at the cost of transparency. A balanced approach is needed to ensure both fairness and openness,” he said.
Advocate Falgun Yadav
Prominent Supreme Court Advocate Ayur Jain underlines the arduous nature of the impeachment process.
“At most, the judge may be transferred. But even then, the judge continues to receive a salary, and only judicial work is withdrawn. This hardly counts as punishment. A real consequence must include financial and social repercussions that carry an element of public accountability,” said Jain.
Advocate Ayur Jain
India has seen five prior impeachment motions, none of which led to the actual removal of a judge. Most were either dropped or the judge resigned before the process concluded. If the proceedings against Justice Varma go the distance, it could mark a historic first in Indian judicial history.
Given that impeachment demands a two-thirds majority in Parliament, the process remains exceptionally rare. If Justice Varma is impeached, it may reshape how citizens perceive the judiciary in India.
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