Justice Yashwant Varma Resigns Amidst Historic Impeachment Proceedings in Parliament

In a dramatic conclusion to a protracted legal and legislative standoff, former Allahabad High Court judge Justice Yashwant Varma resigned on Friday, narrowly averting the ignominy of becoming the first constitutional court judge in Indian history to be officially "removed" through a motion adopted in Parliament. The Lok Sabha had admitted the motion to initiate proceedings against Justice Varma in August last year, setting the stage for a rare constitutional showdown. Under the stringent laws governing the removal of a judge, a motion must be endorsed by 100 Members of Parliament in the Lok Sabha or 50 in the Rajya Sabha to be adopted. Justice Varma joins a short list of five other constitutional court judges who faced removal motions, beginning with Justice V. Ramaswami of the Supreme Court in 1991, who escaped removal only because the motion failed to secure the necessary two-thirds majority in the Lok Sabha.

The history of such proceedings is marked by strategic exits and narrow escapes. In 2011, Justice Soumitra Sen of the Calcutta High Court became the first judge against whom the Rajya Sabha voted with the required majority; however, he resigned before the Lok Sabha could cast its vote. That same year, Justice P.D. Dinakaran, then Chief Justice of the Sikkim High Court, resigned before removal proceedings could be initiated in the Rajya Sabha. In 2015, Justice J.B. Pardiwala of the Gujarat High Court—since elevated to the Supreme Court—faced a motion in the Rajya Sabha but escaped proceedings after removing a controversial statement from a judgment. Similarly, Justice S.K. Gangele of the Madhya Pradesh High Court was absolved of sexual harassment charges by an inquiry committee that same year.

The case against Justice Varma intensifiedon August 12, 2025, when the Lok Sabha Speaker admitted the motion for his removal, followed by the constitution of a committee of inquiry whose legality was subsequently upheld by the Supreme Court. Article 124(4) of the Constitution mandates that a judge can only be removed by an order of the President following an address by each House of Parliament, supported by a majority of the total membership and not less than two-thirds of those present and voting, specifically on grounds of "proved misbehaviour or incapacity." Guided by the Judges (Inquiry) Act, Section 3(2) provides for a three-member committee—comprising the Chief Justice of India or a Supreme Court judge, a High Court Chief Justice, and a noted jurist—to probe the evidence. Justice Varma's resignation effectively halts this rigorous process, serving as a poignant reminder of the high stakes and gravity inherent in the accountability mechanisms of the Indian judiciary.