Justice Yashwant Varma resigned during a parliamentary inquiry into allegations of misconduct. This topic is important for aspirants preparing through IAS coaching in Hyderabad, UPSC coaching in Hyderabad, and UPSC online coaching.
Constitutional Framework for Removal of Judges
• Articles 124(4) & 217: Provide procedure for removal of Supreme Court and High Court judges.
• Grounds: Proved misbehaviour or incapacity.
• Process:
• Motion initiated in Parliament.
• Inquiry by a three-member committee under Judges (Inquiry) Act, 1968.
• If charges proved → Removal motion passed in both Houses with special majority.
• Final removal order issued by the President of India.
• Objective: Balance judicial independence with accountability.
Such polity topics are frequently covered in Hyderabad IAS coaching and civils coaching in Hyderabad.
Judges Inquiry Committee
• Composition:
• One Supreme Court judge.
• One High Court Chief Justice.
• One eminent jurist.
• Functions:
• Conduct hearings, examine witnesses, review evidence.
• Proceedings usually in camera for confidentiality.
• Ensure natural justice and opportunity for defence.
• Outcome: Report decides if Parliament proceeds with impeachment.
These concepts are important for GS2 and are widely discussed in IAS coaching.
Issue of Resignation During Inquiry
• Constitution and Judges (Inquiry) Act silent on continuation after resignation.
• Past practice: Mixed – some inquiries stopped, others continued.
• Concerns: Resignation may allow judges to escape accountability. Continuing inquiry serves public purpose by establishing truth.
• Debate: Should resignation automatically terminate proceedings?
Justice Varma Case
• Allegations: Unaccounted cash found at residence after fire incident.
• Inquiry committee held multiple hearings, examined witnesses.
• Evidence suggested:
• Possession of unexplained cash.
• Interference with evidence.
• Misleading explanations.
• Inquiry was about to enter defence stage when resignation occurred.
• Committee closed proceedings, stating impeachment applies only to sitting judges.
• Government rejected claims of bias; criminal proceedings may still follow under ordinary law.
Implications
• Raises doubts about credibility of judicial accountability mechanisms.
• Highlights need for clear legal provisions on resignation during inquiry.
• Suggests reforms to ensure inquiries continue even if removal becomes redundant.
Such governance issues are crucial for aspirants preparing through UPSC coaching in Hyderabad.
Conclusion
Strengthening laws to ensure transparency and accountability even after resignation is vital to maintain public trust in the judiciary. For students enrolled in UPSC online coaching and IAS coaching in Hyderabad, this topic is important for GS2 preparation.
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