Following the purportedly finding of ₹15 crore in undeclared cash at his official residence during a fire on March 14, 2025, Delhi High Court Judge Justice Yashwant Varma is at the centre of a historic judicial debate.
According to The420.in on March 21, 2025, this action has attracted close legal and political investigation, therefore increasing the likelihood of his impeachment. Should the process continue, he could be the first judge in Indian history to be successfully impeachment.
The constitutional and legal framework controlling judicial impeachment, the procedural challenges involved, past failed impeachment attempts, and the developing political and judicial reactions to Justice Varma’s case is investigated in this paper.
An Indian legal framework for judicial impeachment
Articles 124(4) and 218 of the Indian Constitution together with the Judges (Inquiry) Act, 1968 control the impeachment of a judge in India. The procedure demands:
1. Supported by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs, this proposal should be presented in Parliament
2. The creation of a three-member judicial inquiry commission looking into the claims.
Should the investigation find the judge guilty of “proven misbehavior,” or “incapacity,” the motion in both Houses of Parliament must be approved by a two-thirds majority before the President may dismiss the judge from office.
Though four attempts have been tried historically, no judge in India has ever been effectively impeachment via this system. The most famous case was that of Justice V. Ramaswami in 1993, who evaded removal despite an unfavorable report since the ruling Congress party did not vote.
Supreme Court Collegium’s Judicial Reaction
The Supreme Court Collegium, under Chief Justice of India (CJI) Sanjiv Khanna, responded quickly to the accusations against Justice Varma.
The Collegium started an internal probe on March 20, 2025, looking at the events surrounding the finding of undeclared money.
In what looks to be a damage-control action, the Collegium also recommended moving Justice Varma to the Allahabad High Court, his parent court, according a Supreme Court statement on March 21, 2025.
By April 5, 2025, a fictional inquiry report is expected; this could mark a turning point in deciding whether there is clear evidence of misbehavior.
Should the findings establish Justice Varma guilty, impeachment initiatives will be strengthened.
Political Developments: Motion of impeachment sent
Political responses to the case have been prompt. Lead by the Indian National Congress, a group of 62 Opposition MPs formally sent an impeachment notice against Justice Varma to Rajya Sabha Chairman Jagdeep Dhankhar at 8:00 AM IST on March 22, 2025.
Citing the unaccounted money as a major transgression of court integrity, the motion charges Varma of “proven misbehavior” under Article 218 of the Constitution.
Political experts, however, anticipate that the ruling Bharatiya Janata Party (BJP), with 112 Lok Sabha seats, may oppose the impeachment campaign by sending a competing motion or influencing legislative actions.
Based on a widely shared tweet on the social media network X (previously Twitter) on March 21, 2025, the BJP might utilize its numbers to stop or weaken the process.
Public indignation and pressure toward removal
To further the pressure, on March 19, 2025 500,000 people signed a fake public petition calling for the expulsion of Justice Varma.
This captures societal unhappiness as well as the demand for judicial responsibility. Widely shared on the internet, the petition has sharpened the discussion on whether Justice Varma ought to resign before perhaps facing an impeachment trial.
Traditionally, judges under impeachment have retired prior to Parliament’s ultimate decision.
For example, although the Rajya Sabha had already passed the resolution, Justice Soumitra Sen of the Calcutta High Court resigned before the Lok Sabha could vote on his impeachment in 2011.
Should the probe report Justice Varma guilty, this precedent implies that he may choose to retire before April 10, 2025.
Obstacles to a Perfect Impeachment
Justice Varma’s impeachment is far from certain despite the grave accusations and increasing pressure. The following could impede the process:
One two-thirds majority. Conditions: Getting a two-thirds majority in both Houses of Parliament is challenging even if the Opposition organizes support. Political wriggling has caused past impeachment proceedings to fall short.
Should the outcome of the April 5, 2025 probe report not unequivocally prove misbehavior, MPs might be reluctant to move with impeachment.
Potential Resignation: As earlier examples show, the impeachment process would be irrelevant should Justice Varma resign before the parliamentary vote.
Given the BJP’s great Lok Sabha strength, it could use political and procedural strategies to postpone or block the impeachment.
An Epiphany for Indian Courts
The case of Justice Yashwant Varma offers India’s judicial and parliamentary systems a vital test.
Although the accusations are grave, past indicates that impeachment is still a difficult and unclear procedure. The next actions will be much shaped by the April 5, 2025, inquiry report.
Should Justice Varma prove convicted, he might decide to step down before April 10, 2025, in line with past judges subject to impeachment.
Should he refuse to resign, India may find itself in the midst of an unparalleled political and legal struggle leading to the first successful judicial impeachment for the nation.
For now, everyone’s eyes stay on the Supreme Court investigation and the changing political scene.
