Impeachment looms: Justice Yashwant Varma may resign to avert ouster over corruption allegations

Justice Yashwant Varma of the Allahabad High Court is at the centre of a growing judicial controversy as the government prepares to initiate impeachment proceedings against him during the upcoming Monsoon Session of Parliament. The judge is facing serious allegations of corruption, prompting a high-level move for his removal under Article 217 of the Constitution.

According to top government sources, the motion for impeachment is being actively considered and could be tabled in either House of Parliament. The developments follow a confidential report submitted by then Chief Justice of India Sanjiv Khanna, who recommended Justice Varma’s removal after an internal investigation by a three-judge in-house panel reportedly uncovered evidence of financial misconduct, including suspicious cash recoveries.

Despite being urged by Justice Khanna to step down, Justice Varma is said to have refused resignation at the time. However, officials familiar with the matter indicate that the judge may still opt to resign during the proceedings to avoid the stigma and consequences of an impeachment verdict.

“If he verbally announces his resignation during the proceedings, it will be considered valid,” a senior official said. Such a move would allow Justice Varma to retain pension and retirement benefits, which he would forfeit if removed through impeachment.

As per Article 217 of the Constitution, a high court judge may resign by submitting a written notice addressed to the President. Notably, the resignation does not require any formal acceptance and can be withdrawn if it has a future effective date.

Under the Judges (Inquiry) Act, 1968, an impeachment motion — if supported by at least 50 members in the Rajya Sabha or 100 in the Lok Sabha — prompts the formation of a three-member inquiry committee comprising the Chief Justice of India (or a Supreme Court judge), a high court Chief Justice, and a distinguished jurist.

If pursued, Justice Varma’s case would mark the first judicial impeachment proceeding undertaken in the new Parliament building. It draws historical parallels to the impeachment motion against Justice Soumitra Sen in 2011, who ultimately resigned before the process concluded.

All attention now turns to the Monsoon Session, which is expected to provide a definitive answer to Justice Varma’s fate — whether through Parliament’s verdict or a voluntary resignation.