10 Jul 2026POLITY3 questions

Can You Resign Your Way Out of Impeachment? The Justice Varma Question

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Article summary

The removal proceedings against Justice Yashwant Varma stem from March 2025, when large amounts of burnt and partially burnt cash were found at his official residence in New Delhi after a fire. Following an in-house inquiry, the process moved to Parliament, and the Lok Sabha Speaker reconstituted a statutory inquiry committee to examine grounds for his removal. Justice Varma resigned to the President in April 2026 — the third time in independent India that a High Court judge facing parliamentary removal has resigned to forestall the process. The Speaker has now tabled the inquiry report in the Lok Sabha despite the resignation, directly raising a novel constitutional question: can Parliament complete removal proceedings against a judge who has already quit, or does resignation extinguish accountability? Removal of a judge is governed by Articles 124(4) and 218 read with the Judges (Inquiry) Act, 1968, and requires a special majority in both Houses. For UPSC, the case is a live study in judicial accountability, the adequacy of the removal mechanism, and the ethics of exiting before a verdict.

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recallTests whether you read the article and retained key facts.

applicationTests whether you can apply the concept to a new scenario.

analysisTests whether you can reason across multiple related facts.

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POLITYRecallEasy

Q1. With reference to the removal of judges of the higher judiciary in India, which one of the following statements is correct?

AA judge may be removed only for proved misbehaviour or incapacity, under Article 124(4) for Supreme Court judges, applied to High Court judges through Article 218.

BA judge may be removed on grounds of proved misbehaviour, incapacity or persistent judicial delay, by a simple majority of both Houses.

CThe removal of High Court judges is governed by Article 217(1)(a), which prescribes the grounds and the procedure.

DThe inquiry committee under the Judges (Inquiry) Act, 1968 comprises three sitting judges of the Supreme Court.

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POLITYApplicationMedium

Q2. A High Court judge facing removal proceedings resigns before Parliament votes, and the Speaker nonetheless tables the inquiry committee's report. Which one of the following best identifies the constitutional question this raises?

AWhether the Speaker may admit a removal motion without the requisite number of signatures.

BWhether a resignation under Article 217(1)(a) requires the President's acceptance to take effect.

CWhether Parliament may complete removal proceedings against a judge who has already left office, given that removal operates on an office the person no longer holds while the finding of misbehaviour retains consequences.

DWhether the inquiry committee's finding is binding on the Houses, which must vote in accordance with it.

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POLITYAnalysisHard

Q3. Consider the following statements regarding the procedure for removing a judge under the Judges (Inquiry) Act, 1968: 1. A removal motion requires the signatures of 100 members of the Lok Sabha or 50 members of the Rajya Sabha before it may be admitted. 2. If the inquiry committee finds the judge guilty, each House must pass the motion by a majority of the total membership of that House and by at least two-thirds of the members present and voting. 3. Two judges of the higher judiciary have to date been removed from office through a completed process under this procedure. Which of the statements given above are correct?

A1 only

B1 and 2 only

C2 and 3 only

D1, 2 and 3

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