Supreme Court Upholds Speaker’s Inquiry Panel

The Supreme Court dismissed a plea by Allahabad High Court judge Justice Yashwant Varma, upholding the Lok Sabha Speaker’s decision to constitute an inquiry committee under the Judges (Inquiry) Act, 1968.

Background of the Case

• Origin: In March 2025, sacks of half-burnt currency notes were allegedly found in Justice Varma’s official residence in Delhi. At the time, he was a sitting judge of the Delhi High Court.
• Subsequent Developments: Justice Varma was later transferred to the Allahabad High Court.
• In-House Inquiry: An in-house inquiry initiated by then Chief Justice of India Sanjiv Khanna recommended his removal, and the recommendation was forwarded to Parliament
• Parliamentary Action: Motions for removal of Justice Varma were introduced in both Lok Sabha and Rajya Sabha
• Inquiry Committee: In August, 2025, Lok Sabha Speaker Om Birla admitted a motion for Justice Varma’s removal and constituted a three-member inquiry committee.

Constitutional Provisions for Removal of Judges

• Article 124 (4) & 217(1)(b): Removal of SC/HC judges by President on grounds of proved misbehaviour or incapacity. 
• Role of Parliament: The President can issue the removal order only after both Houses of Parliament pass an address for removal in the same parliamentary session.
  • This address must be supported by a special majority.
• Parliament’s Regulatory Power: Article 124(5) empowers Parliament to enact a law to regulate the procedure for presenting the removal motion and for the investigation and proof of charges against judges.

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