Supreme Court has flagged procedural lapses in Justice Yashwant Varma impeachment case and issued notices to both the Houses of Parliament .Allahabad High Court Justice Yashwant Varma has moved the Supreme Court seeking to quash the Lok Sabha Speaker's decision to constitute a three-member committee against him under the Judges (Inquiry) Act for his impeachment.
The bench of Justice Dipankar Datta and Justice AG Masih today issued a notice to the Speaker as well as the Secretariats of upper house (Rajya Sabha) and lower house (Lok Sabha) of the parliament.
Varma has challenged Lok Sabha speaker's decision on procedural grounds, arguing that although the notices for his impeachment was given in both Lok Sabha and Rajya Sabha, Lok Sabha speaker Om Birla constituted the committee unilaterally without awaiting admission of the motion by the Rajya Sabha chairman and the joint consultation with the chairman as contemplated in that statute.
"The Hon'ble Speaker has acted in clear derogation of the proviso to Section 3(2) of the Judges (Inquiry) Act, 1968, by unilaterally constituting a Committee on 12.08.2025 after admitting a motion given before the Lok Sabha on 21.07.2025, as on the very same day a separate motion was given in the Rajya Sabha which had not been admitted," the plea said.
During the hearing today, the Court seemed to agree with the argument. It asked how the legal experts in the parliament had allowed it to happen."So many MPs and legal experts but no one pointed this out?" Justice Datta asked.In August, Lok Sabha Speaker had formally initiated the process to remove Justice Varma from his position as a High Court judge.
The speaker constituted a committee to investigate the discovery of cash at the former Delhi High Court judge's residence.An in-house inquiry of three High Court judges had earlier indicted the judge and recommended his removal. The Central government then moved a motion in the parliament to impeach the judge, who is presently posted at Allahabad High Court.
The motion signed by 146 Members of Parliament was accepted by the speaker. Lok Sabha speaker then constituted a committee of the following three members to probe the incident:The panel last month sought a written statement from Justice Varma on the charges against him. In response to the communication, the judge sought authenticated copies of motions given before both Houses n July and any orders passed consequent to them.
However, Justice Varma has alleged in his petition that he is yet to receive a response to the communications addressed to the Lok Sabha and Rajya Sabha. He had also written to the panel, apprising it about his intent to challenge the actions of the Lok Sabha Speaker.Consequently, the deadline given to him for his written response was extended till January 12, 2026. He has been asked to appear before the committee on January 24.
As per the law, a judge cannot be removed without impeachment proceedings in the Lok Sabha and the Rajya Sabha. Article 124(4) of the Constitution of India states that a judge of the Supreme Court cannot be removed from his office without an order from the President. The President can do so after each House of Parliament, by a majority of not less than two-third of the members present, supports the motion. Article 218 extends this clause to High Court judges as well.
However, Supreme Court is set to hear Justice Varma's plea in first week of January. Pertinently, he has also challenged the notice issued to him by the committee.A fire at Justice Varma's house on the evening of March 14 had allegedly led to the recovery of unaccounted cash by the fire fighters.
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