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Supreme Court rejects Justice Varma’s challenge to ‘unilateral’ formation of inquiry panel by Speaker

17 Jan 2026
2 min

Supreme Court Verdict on Justice Yashwant Varma's Removal Inquiry

The Supreme Court, on January 16, 2026, dismissed Justice Yashwant Varma's challenge against the Lok Sabha Speaker's decision to set up a committee to probe a motion for his removal. The court emphasized that constitutional safeguards for judges should not obstruct the removal process.

Context

  • The inquiry against Justice Varma pertains to alleged misbehavior when half-burnt currency was found at his residence during his tenure as a Delhi High Court judge.
  • The Lok Sabha Speaker admitted the MPs' notice for Justice Varma's removal on August 12 of the previous year, while the Rajya Sabha had rejected a similar notice, creating a procedural debate.

Court's Rationale

The bench of Justices Dipankar Datta and S.C. Sharma highlighted the need for a balance between judicial protection and the removal mechanism's efficacy.

  • Justice Varma argued for a joint committee by the Rajya Sabha Chairman and Lok Sabha Speaker, referencing Section 3(2) of the Judges (Inquiry) Act.
  • The court clarified that the proviso applies only if both Houses admit notices on the same day, which was not the case here.
  • A rejection in one House does not incapacitate the other from proceeding legally, the court observed.

Significance of Autonomy

  • The autonomy of each House cannot be compromised by the decisions of the other.
  • The court emphasized that the Inquiry Act intends to prevent parallel committees, not to halt the process if one notice is rejected.

Implications

  • The inquiry committee's role is to report back, while the ultimate decision on removal rests with MPs.
  • Reputational damage cannot justify undermining a structured statutory process, which contains multiple safeguards.

This verdict reinforces the principle of parliamentary autonomy and provides clarity on the application of the Judges (Inquiry) Act, crucial for maintaining judicial accountability while protecting the judiciary's integrity.

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Misbehavior (of Judges)

In the context of judicial appointments and removal, misbehavior refers to conduct unbecoming of a judge, which may include corruption, abuse of power, or actions that bring disrepute to the judiciary and undermine public confidence.

Parliamentary Autonomy

The principle that each house of Parliament (Lok Sabha and Rajya Sabha) has the inherent right and freedom to conduct its own proceedings and make decisions independently, without undue interference from the other house or external bodies.

Removal of Judges

The constitutional process by which a judge of the High Court or Supreme Court can be removed from office. This typically involves an inquiry into allegations of misbehavior or incapacity, followed by impeachment proceedings in both houses of Parliament.

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