CarpeDiem IAS • CarpeDiem IAS • CarpeDiem IAS •

Bipartisan Motion for Removal of Justice Yashwant Varma

26 Jul 2025 GS 2 Polity
Bipartisan Motion for Removal of Justice Yashwant Varma Click to view full image

Motion for Removal of Justice Yashwant Varma

  • Judge Involved: Justice Yashwant Varma (currently with the Allahabad High Court; earlier Delhi High Court).

  • Controversy:

    • Half-burnt currency notes were found at his official residence in Delhi after a fire incident on March 14.

    • He was later transferred to Allahabad High Court.

    • A Supreme Court committee inquiry was conducted.

    • Former CJI Sanjiv Khanna forwarded the report to the President and Prime Minister, enabling parliamentary action.

  • Type: Bipartisan Motion — signed by 152 MPs (ruling + opposition).

  • Initiated in: Lok Sabha.

Bipartisan can refer to any political act in which both of the two major political parties agree about all or many parts of a political choice. 

Motion for Removal

  • Basis: Article 124(4) read with Article 217 of the Constitution and Judges (Inquiry) Act, 1968.

  • initiated in either the Lok Sabha (with at least 100 members' signatures) or the Rajya Sabha (with at least 50 members' signatures).

  • The Speaker (Lok Sabha) or Chairman (Rajya Sabha) decides whether to admit the motion.

Three-Member Inquiry Committee Composition (as per Judges (Inquiry) Act, 1968):

  1. Chief Justice of India (CJI) or a Supreme Court judge.

  2. Chief Justice of a High Court.

  3. A distinguished jurist.

This committee investigates allegations of misbehavior or incapacity

Rajya Sabha Motion

  • Moved on July 21 by 63 Opposition MPs.
  • Verified that it met the requirement of minimum 50 signatures (as per Act).
  • Directed the Secretary-General to verify if a motion was also filed in Lok Sabha

Parliamentary & Political Consensus

  • All political parties agreed unanimously to pursue removal jointly.

  • Parliamentary Affairs Minister Rijiju emphasized bipartisan nature of the move.

  • Rajya Sabha Deputy Chairman Harivansh involved in cross-party consultations.

Legal & Constitutional Backing

  • Article 217 read with Article 124(4): Governs the removal of High Court judges.

  • Judges (Inquiry) Act, 1968: Lays out the inquiry and motion process.

  • Requirement: Signed motion by minimum 100 Lok Sabha MPs or 50 Rajya Sabha MPs.

Significance

  • Reflects rare bipartisan unity in matters of judicial accountability.

  • First major instance in recent years of invoking the judicial impeachment mechanism.

  • Highlights growing concern over judicial probity and accountability.



← Back to list