Cash Haul Row: Resignation Only Option for Justice Yashwant Varma

Justice Yashwant Varma of the Allahabad High Court may be left with no option but to resign as the government prepares to initiate impeachment proceedings against him in the upcoming Monsoon Session of Parliament. The judge is facing serious allegations of corruption, and sources indicate that the government is pushing for a motion to remove him under Article 217 of the Constitution.

Officials familiar with the judicial appointment and removal process noted that should Justice Varma choose to defend himself before either House of Parliament, he may announce his resignation during proceedings. “His verbal statement will be considered as his resignation,” a senior official clarified.

Resignation, if tendered, would allow Justice Varma to retain the pension and retirement benefits entitled to a retired high court judge. However, removal through impeachment by Parliament would strip him of those benefits.

According to Article 217, a judge of a high court “may, by writing under his hand addressed to the President, resign his office.” No formal approval is required for a judge’s resignation. Furthermore, if a judge resigns with a future date in mind, the resignation can be withdrawn before the effective date.

The impeachment effort against Justice Varma was initiated after a report submitted by then Chief Justice of India Sanjiv Khanna, who recommended his removal to both the President and the Prime Minister. The report was based on an internal probe conducted by a three-judge in-house panel that investigated the alleged cash recovery linked to Justice Varma.

Sources previously revealed that Justice Khanna had urged Justice Varma to resign, but he declined.

A motion to remove a high court judge can be introduced in either House of Parliament. In the Rajya Sabha, it requires the support of at least 50 members, while in the Lok Sabha, a minimum of 100 members must back it.

As per the Judges (Inquiry) Act of 1968, once a motion is admitted, the Speaker or the Chairman will form a three-member committee to investigate the charges. This committee must include the Chief Justice of India (or a Supreme Court judge), the Chief Justice of a high court, and a distinguished jurist.

Justice Varma’s case is set to be the first impeachment proceeding taken up in the newly inaugurated Parliament building. In the past, judges like Justice Soumitra Sen had faced similar proceedings but opted to resign before the process could conclude.

All eyes are now on the Monsoon Session, where the fate of Justice Varma will be decided — unless he chooses to step down beforehand.

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