In a significant and politically charged development, at least 149 Members of Parliament from the Lok Sabha and 63 from the Rajya Sabha formally signed and submitted two separate impeachment notices against Delhi High Court judge Justice Yashwant Varma on Monday.
The judge is currently embroiled in a major corruption scandal after a substantial amount of cash was allegedly discovered at his residence in the national capital.
This marks the beginning of a constitutionally outlined process for removing a sitting high court judge. This occurrence is extremely rare and symbolically heavy in India’s judicial and parliamentary history.
Broad-Based Political Support, But Key Parties Abstain
The impeachment notices, moved in both Houses of Parliament, bear signatures from MPs belonging to more than ten political parties. However, the move has revealed visible cracks in the otherwise unified Opposition bloc, the Indian National Developmental Inclusive Alliance (INDIA).
Notably, Members of Parliament from the Trinamool Congress (TMC) and Samajwadi Party (SP)—both prominent Indian constituents—chose not to support the motion at this stage.
A senior TMC leader, speaking on the condition of anonymity, confirmed that none of the TMC or SP MPs had appended their signatures to the notice.
“While the Congress-led grouping has pushed ahead with the impeachment, our MPs were occupied with a mega rally in Kolkata organized by the party leadership,” the leader explained.
Both parties hold 41 seats each in Parliament, and their absence could influence the arithmetic during the final vote, though government managers remain optimistic about garnering their support in the voting phase, expected to occur soon.
Procedural Thresholds Met; Formal Inquiry to Begin
The Constitution of India and the Judges (Enquiry) Act prescribe that an impeachment motion must have the backing of at least 100 Lok Sabha MPs and 50 Rajya Sabha MPs to be considered valid. With the threshold met in both Houses, the impeachment process has now officially commenced.
In the Rajya Sabha, Vice-President and Chairman Jagdeep Dhankhar acknowledged receipt of the notice and confirmed that the motion met the statutory numerical requirements.
“I have received a motion seeking the initiation of proceedings for the removal of Justice Yashwant Varma. Since it has been signed by more than 50 members, the procedural requirement stands fulfilled,” he stated during the session.
He further directed the Rajya Sabha Secretary General to verify whether a similar motion had been submitted in the Lok Sabha.
Ironically, Dhankhar tendered his resignation later the same day, adding yet another layer of political intrigue to an already complex constitutional process.
Union Law Minister Arjun Ram Meghwal, present during the proceedings, confirmed that the Lok Sabha Speaker had also received a duly signed motion from more than 100 MPs, enabling the provisions of Section 3(2) of the Judges (Enquiry) Act to take effect.
Following this, the next step is the constitution of a three-member inquiry committee composed of senior jurists.
The panel will be jointly appointed by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. As per law, no committee can be constituted until both Houses have admitted the motion. Given that this criterion has now been met, the panel is expected to be set up imminently.
Allegations and Evidence: A Case of Serious Misconduct
The genesis of the impeachment motion lies in an explosive incident that occurred on March 14. A fire broke out in a storeroom at Justice Varma’s Delhi residence. While fire service officials and Delhi
Police personnel were extinguishing the flames, they reportedly discovered stacks of half-burnt currency notes stuffed inside a sack. A video of the recovery was recorded by the police as evidence.
Subsequently, an in-house inquiry committee of the Supreme Court, constituted by then Chief Justice of India Sanjiv Khanna, conducted a probe into the matter. The committee’s report, submitted on May 5, confirmed the presence of unaccounted cash at Justice Varma’s premises.
Taking serious note of these findings, former CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi, emphasizing the gravity of the situation and recommending that impeachment proceedings be initiated under Article 217 read with Article 124(4) of the Constitution.
Political Heavyweights Join Hands
Among those who have signed the impeachment motion are prominent figures from across the political spectrum.
In the Lok Sabha, signatories include Leader of the Opposition Rahul Gandhi and former Union Ministers Anurag Thakur, Ravi Shankar Prasad, Rajiv Pratap Rudy, and P.P. Chaudhary. From the opposition ranks, Congress MP KC Venugopal and NCP (Sharad Pawar faction) leader Supriya Sule also lent their support.
In the Rajya Sabha, all Congress MPs, apart from Mallikarjun Kharge and Sonia Gandhi, added their signatures to the motion. According to party insiders, Kharge and Gandhi opted out for strategic reasons but endorsed the overall move.
A Lok Sabha Secretariat official confirmed that MPs from the BJP, Congress, Janata Dal (United), Janata Dal (Secular), Telugu Desam Party, Shiv Sena, Lok Janshakti Party, Communist Party of India, Jana Sena Party, Asom Gana Parishad, and others were among the signatories.
The notices are scheduled for formal consideration in both Houses on Tuesday. If admitted, the impeachment process is expected to unfold during the remainder of the Monsoon Session, which concludes on August 21. Justice Varma will be given up to three chances to present his defense before both the inquiry committee and Parliament.
A Test of Accountability
This episode represents one of the rare instances in India’s judicial history where a sitting high court judge faces impeachment proceedings. While the process is bound by stringent legal and constitutional safeguards to ensure fairness, it also tests the resolve of Parliament to uphold judicial accountability.
The outcome could have lasting implications for public trust in the judiciary and the sanctity of constitutional processes. As political maneuvering intensifies and the legal proceedings gain traction, all eyes will remain on the evolving story of Justice Yashwant Varma.
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