GS 2: Structure, Organization and Functioning of the Executive and the Judiciary
Context: The Lok Sabha Speaker announced that an Inquiry Committee Report under the Judges (Inquiry) Act, 1968 against Justice Yashwant Varma would be tabled in Parliament on 20 July 2026, despite the judge having already resigned from office.
The move has triggered a constitutional debate regarding the limits of Parliament’s authority after a judge ceases to hold office.
Why is the Issue Controversial?
- Parliament’s constitutional power extends only to the removal of a sitting judge, not to proceedings against a person who has already resigned.
- Tabling the report after resignation may amount to exercising a power that has already become infructuous.
- The move raises concerns regarding judicial independence and the constitutional separation of powers.
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Constitutional Provisions
Article 121 – Discussion on Conduct of Judges
- Article 121 prohibits Parliament from discussing the conduct of judges of the Supreme Court and High Courts.
- The only exception is when a motion for removal (impeachment) is under consideration.
- The provision protects judges from political pressure and preserves judicial independence.
Article 124(4)
- Provides the procedure for the removal of Supreme Court judges.
- Removal is possible only on the grounds of proved misbehaviour or incapacity after a parliamentary process.
Article 217(1)(b)
- Governs the removal of High Court judges.
- The procedure is identical to that applicable to Supreme Court judges.
Judges (Inquiry) Act, 1968
Purpose
- The Act provides the procedure for investigating allegations against judges before Parliament considers their removal.
Limitation
- The Act is designed only to facilitate removal from office.
- It cannot impose penalties, fines, or criminal punishment.
- Once a judge resigns, the objective of removal becomes redundant.
Judicial Precedents
Union of India v. Gopal Chandra Misra (1978)
- The Supreme Court held that the resignation of a High Court judge is a unilateral constitutional act.
- Presidential acceptance is not required for resignation to become effective.
- A judge immediately ceases to hold constitutional office upon resignation.
Justice P.D. Dinakaran Case (2011)
- Justice Dinakaran resigned while impeachment proceedings were pending.
- The Inquiry Committee was dissolved, and the proceedings came to an end.
Justice Soumitra Sen Case (2011)
- Although the Rajya Sabha had passed the removal motion, Justice Sen resigned before the Lok Sabha could complete the process.
- Parliament discontinued the proceedings after resignation.
Concerns Raised by Constitutional Experts
Threat to Judicial Independence
- Allowing Parliament to continue proceedings against resigned judges may create fear among serving judges.
- Judges may hesitate to deliver judgments against the government due to concerns about post-retirement scrutiny.
Violation of Constitutional Spirit
- Parliament’s removal power is intended only for serving judges.
- Continuing proceedings after resignation undermines constitutional safeguards.
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Dangerous Constitutional Precedent
- Such actions may encourage future governments to initiate political proceedings against retired judges.
- This could weaken the doctrine of separation of powers.
Potential Misuse of Parliamentary Privilege
- Parliamentary debates may become instruments of political criticism rather than constitutional accountability.
Alternative Legal Remedies
Instead of using Parliament, allegations against former judges can be investigated through:
- Central Bureau of Investigation (CBI) for criminal offences.
- Enforcement Directorate (ED) for financial crimes.
- Criminal prosecution under applicable laws.
- Pension-related provisions, wherever legally permissible.
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Way Forward
- Respect constitutional limits on Parliament’s powers.
- Preserve judicial independence by avoiding unnecessary post-resignation parliamentary proceedings.
- Strengthen judicial accountability mechanisms through independent investigative institutions.
- Clarify the Judges (Inquiry) Act to remove ambiguity regarding resignation during inquiry.
- Ensure criminal misconduct, if any, is dealt with through ordinary legal processes rather than parliamentary proceedings.
18 Jul 2026
