Saturday, March 29, 2025
Justice Yashwant Varma May Face Impeachment: Here’s How the Process Will Move Forward
Following the recovery of large sums of unaccounted cash from the residence of Delhi High Court Judge Yashwant Varma in March, a significant step toward his potential removal from office is now in motion. After an internal inquiry by a three-judge panel, led by then Chief Justice Sanjiv Khanna, concluded that Justice Varma’s conduct was inappropriate, the option to resign was offered to him. Upon his refusal, impeachment has become the only constitutional route forward.
According to procedure, an impeachment motion in the Rajya Sabha requires support from at least 50 MPs to be formally introduced, while in the Lok Sabha, at least 100 MPs must back the motion. With the government holding a majority in both houses, these thresholds are expected to be easily met.
Former Chief Justice Sanjiv Khanna has reportedly submitted a file to the President and Prime Minister recommending action. Sources indicate that the Cabinet may approve the motion before the Monsoon Session of Parliament begins. Once cleared, the impeachment motion will first be introduced in the Rajya Sabha, followed by the Lok Sabha if passed.
Before this, a report must be submitted to the Speaker of the relevant House, who will then form an investigative committee. This committee includes a sitting Supreme Court judge (or the Chief Justice), a Chief Justice from any High Court, and a distinguished jurist. The committee will examine the charges, hear Justice Varma’s defense, and may also summon witnesses.
If the committee finds no wrongdoing, the process ends. However, if it confirms misconduct, the motion proceeds for debate and voting in both Houses. A two-thirds majority in each House is required to pass the motion. Upon approval, the President formally signs off, finalizing the judge’s removal.
