Parliamentary panel recommends action against High Court judge for financial misconduct

A three-member inquiry committee constituted by the Lok Sabha Speaker has submitted its report indicting Justice Yashwant Varma for severe financial irregularities, following the recovery of unaccounted currency notes at his official residence. The panel concluded that charges of misconduct were substantiated, recommending appropriate parliamentary action for judicial removal.

Article 124(4) and Article 217(1)(b) of the Constitution govern the procedure for the removal of Supreme Court and High Court judges on grounds of 'proved misbehaviour or incapacity'. The Judges (Inquiry) Act, 1968, details the procedure, requiring a motion signed by at least 100 Lok Sabha or 50 Rajya Sabha members, followed by an investigation by a committee comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist.

If the inquiry committee finds the judge guilty of misbehaviour, Parliament can initiate debates on the removal address. To succeed, the motion must be passed by each House of Parliament by a special majority—a majority of the total membership and two-thirds of members present and voting—before being presented to the President.

This rare development touches upon fundamental tenets of judicial accountability and constitutional mechanics. Aspirants must master the removal process of higher judiciary judges, statutory provisions of the Judges (Inquiry) Act 1968, and constitutional safeguards for judicial independence.