JUDGES INQUIRY COMMITTEE SUBMITS REPORT TO HON'BLE SPEAKER, LOK SABHA
1. At a Glance
- Judges Inquiry Committee constituted under the Judges (Inquiry) Act, 1968 submitted its report on Justice Yashwant Varma to Lok Sabha Speaker Om Birla on 18 May 2026 in Parliament House [S1][S2].
- The report flows from the only constitutional mechanism for removal of a sitting High Court / Supreme Court judge under Articles 124(4)–(5) / 217 / 218 of the Constitution — examinable for both Polity (GS-II) and Ethics (GS-IV) [S2][S3].
- Touches the live debate on judicial accountability, in-house procedure vs statutory inquiry, and the cash-at-residence controversy that erupted in March 2025 [S1].
2. Why in the News
- 18 May 2026: Three-member Judges Inquiry Committee handed its report to Speaker Lok Sabha; to be laid before both Houses as per the 1968 Act [S1].
- Inquiry concerned discovery of unaccounted cash at the outhouse of Justice Varma's official Delhi residence on 14 March 2025 during a fire-fighting operation, when he was a Judge of the Delhi High Court [S1].
- Justice Varma was repatriated to Allahabad High Court and resigned in April 2026 pending the inquiry [S1].
3. Background & Evolution
- Article 124(4) (SC judges; extended to HC judges via Art. 218) prescribes removal by Presidential order after an address by both Houses supported by a special majority on grounds of "proved misbehaviour or incapacity" [S2][S3].
- Judges (Inquiry) Act, 1968 (Act No. 51 of 1968, dated 5 Dec 1968) operationalised the procedure [S3].
- Removal motion requires 100 Lok Sabha MPs OR 50 Rajya Sabha MPs' signatures; Speaker/Chairman may admit or reject [S2].
- Past precedents: V. Ramaswami (1993) — motion failed in LS; Soumitra Sen (2011) — resigned before LS vote; C.V. Nagarjuna Reddy, P.D. Dinakaran — proceedings lapsed/resigned. No judge has ever been removed by this route [S2].
4. Core Static Facts
- Committee constituted by: Speaker, Lok Sabha — 12 August 2025 [S1].
- Composition (per Sec. 3(2), Judges Inquiry Act):
- Justice Aravind Kumar, Judge, Supreme Court of India — Presiding Officer [S1].
- Justice Shree Chandrashekhar, Chief Justice, Bombay High Court [S1].
- Shri B.V. Acharya, Senior Advocate, Karnataka High Court — distinguished jurist member [S1].
- Statutory base: Judges (Inquiry) Act, 1968, read with Article 124(5) [S2][S3].
- Constitutional grounds: "Proved misbehaviour or incapacity" — Art. 124(4) [S2].
- Special majority for removal: Majority of total membership of each House + 2/3rd of members present and voting [S2].
- Implementing authority: Lok Sabha Secretariat / Parliament; final removal order by President of India [S2].
5. Multi-Dimensional Analysis
- Legal / Constitutional:
- Only Art. 124(4) procedure can effect removal; in-house procedure of SC (1999) is non-statutory and can at most recommend resignation [S2].
- Committee's findings are binding on the House under Sec. 6(2): if it finds the judge not guilty, no further motion lies; if guilty, motion proceeds with report [S3].
- Ethical / Governance (GS-IV):
- Tests judicial integrity, probity in public life, conflict between judicial independence vs accountability.
- Highlights opacity in judges' asset declaration and collegium-era discipline mechanisms.
- Administrative:
- SC's in-house inquiry panel (March 2025) under then-CJI Sanjiv Khanna preceded the statutory committee — demonstrating dual-track scrutiny [S1].
- Historical:
- First post-Independence instance where a judge faces statutory inquiry report after a cash-recovery trigger; comparable in gravity to Ramaswami (1991) [S2].
6. Recent Developments (last 12-18 months)
- 14 Mar 2025: Cash discovered at Justice Varma's Delhi residence outhouse during fire incident [S1].
- Mar 2025: SC in-house committee constituted by CJI; Justice Varma repatriated from Delhi HC to Allahabad HC [S1].
- 12 Aug 2025: Speaker Om Birla constituted three-member Judges Inquiry Committee under the 1968 Act [S1].
- April 2026: Justice Varma resigned pending inquiry [S1].
- 18 May 2026: Committee report submitted to Speaker; to be tabled in both Houses [S1].
7. Prelims Hooks
- Judges (Inquiry) Act enacted in 1968 (Act No. 51 of 1968, 5 Dec 1968) [S3].
- Removal motion needs 100 LS MPs or 50 RS MPs as signatories [S2].
- Committee composition: 1 SC judge + 1 HC Chief Justice + 1 distinguished jurist (Sec. 3(2)) [S3].
- Presiding Officer of Varma Committee: Justice Aravind Kumar, SC [S1].
- Third member (jurist) of Varma Committee: B.V. Acharya, Sr. Advocate [S1].
- Grounds in Art. 124(4): "proved misbehaviour or incapacity" — only these two [S2].
- Removal by Presidential order after addresses by both Houses with special majority [S2].
- Article extending removal procedure to HC judges: Article 218 [S2].
- No Indian judge has been successfully removed via Art. 124(4) to date [S2].
- SC's in-house procedure (1999) is distinct from statutory inquiry — non-binding [S2].
- Speaker who constituted the Committee on 12 Aug 2025: Om Birla [S1].
- Justice Varma was a sitting judge of Delhi High Court at the time of the cash incident; repatriated to Allahabad HC [S1].
8. Mains Relevance
- GS-II: Structure, Organization and Functioning of the Judiciary; Separation of Powers; Appointment/Removal of Judges.
- GS-IV: Ethics in Public Service — probity in judiciary; integrity of constitutional functionaries.
- Possible question stems: 1. "The statutory procedure for removal of judges under the Judges (Inquiry) Act, 1968 has rarely delivered outcomes. Critically examine in light of recent inquiries." (GS-II, 15M) 2. "Judicial independence cannot be a shield against accountability. Discuss with reference to recent allegations against sitting judges." (GS-IV, 10M) 3. "Compare the in-house procedure of the Supreme Court with the statutory mechanism under Article 124(4). Suggest reforms." (GS-II, 15M)
9. Related Topics to Study Next
- National Judicial Appointments Commission (NJAC) judgment, 2015 — counterpart on appointments side.
- Collegium system — opacity critique linked to accountability.
- Article 124, 217, 218, 124A–C — judiciary articles cluster.
- In-house Procedure of SC, 1999 — non-statutory discipline mechanism.
- Contempt of Courts Act, 1971 — adjacent judicial accountability statute.
- All India Judicial Service (Art. 312) — debate on judicial HR reform.
- K. Veeraswami v. Union of India (1991) — prior sanction for prosecution of judges.
- Restatement of Values of Judicial Life (1997) — code of conduct for judges.
10. Common Errors / Trap Areas
- "Impeachment" is loose usage; Constitution uses the word only for the President (Art. 61) — judges are "removed" under Art. 124(4). [S2]
- Committee is constituted by the Speaker / Chairman, not by the CJI or President [S3].
- Composition trap: two judges + one jurist (not three judges, not two jurists) [S3].
- Removal applies to SC judges (Art. 124), HC judges (Art. 217/218), CAG (Art. 148), CEC (Art. 324) — same procedure; do not confuse with simple-majority removals (e.g., AG).
- Justice Varma was at the Delhi HC at the time of the cash incident, later repatriated to Allahabad HC, not the other way around [S1].
11. Sources
- [S1] Judges Inquiry Committee Submits Report to Hon'ble Speaker, Lok Sabha — https://www.pib.gov.in/PressReleasePage.aspx?PRID=2262562 — (tier: 1)
- [S2] Explainer: How a Sitting Judge Can Be Removed From Office — https://prsindia.org/articles-by-prs-team/explainer-how-a-sitting-judge-can-be-removed-from-office — (tier: 1)
- [S3] The Judges (Inquiry) Act, 1968 (Act No. 51 of 1968) — https://www.indiacode.nic.in/bitstream/123456789/1539/2/A1968-51.pdf — (tier: 1)