Discuss the constitutional and statutory mechanism for removal of a High Court/Supreme Court judge in India. In light of the Justice Yashwant Varma case, examine the adequacy of this process.
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Judges of the higher judiciary can be removed only for "proved misbehaviour or incapacity" under Article 124(4), applied to High Court judges through Article 218 — a deliberately difficult process designed to protect judicial independence from ordinary political majorities [1].
Constitutional framework
- Article 124(4): removal by Presidential order after an address by both Houses, passed by a majority of total membership and two-thirds of members present and voting [1].
- Article 124(5) empowers Parliament to lay down the procedure — done through the Judges (Inquiry) Act, 1968 [2].
Statutory procedure (1968 Act)
- Motion signed by 100 Lok Sabha or 50 Rajya Sabha members, admitted at the presiding officer's discretion [1].
- Presiding officer constitutes a three-member committee — a Supreme Court judge, a High Court Chief Justice and a distinguished jurist — which frames charges and hears the judge's defence [1].
- Only if charges are "proved" does the motion proceed to voting in both Houses.
The Varma case as a test
- Following the March 2025 discovery of unexplained burnt currency at his official residence, an in-house CJI-appointed panel first indicted Justice Varma; a statutory committee constituted by Speaker Om Birla later found all three Articles of Charge proved, its report being tabled in Parliament on 12 August 2026 [3].
Examining adequacy
- Strengths: layered scrutiny — in-house probe, judicial review, statutory inquiry — ensured due process without executive interference.
- Gaps: the in-house mechanism lacks statutory backing; evidence preservation was found deficient; the process spanned over a year; and resignation before the final vote leaves removal infructuous. No judge has ever actually been removed under this route — the Law Commission's 195th Report had proposed a comprehensive judicial accountability framework precisely for such deadlock [4].
The mechanism is constitutionally sound but institutionally slow. A statutory, graded accountability system offering censure or withdrawal of work short of removal, with a time-bound inquiry, would make accountability real without diluting independence — reconciling Article 124's twin promises of an independent and an answerable judiciary.
Sources
- 1PRS Legislative Research — Explainer: Removal of Judges from OfficeArticle 124(4)/218 grounds, motion thresholds, three-member committee, special majority
- 2India Code — The Judges (Inquiry) Act, 1968statutory procedure enacted under Article 124(5)
- 3The Hindu — "Charges against Justice Varma 'proved': panel"all three Articles of Charge proved; report tabled in Parliament on 12 August 2026
- 4Law Commission of India, 195th Report on the Judges (Inquiry) Bill, 2005proposed comprehensive judicial accountability framework beyond removal