In a high-stakes constitutional challenge, the Supreme Court stepped in to examine whether the Lok Sabha Speaker lawfully constituted an impeachment inquiry committee against Allahabad High Court judge Justice Yashwant Varma, issuing notice to the Speaker and the Secretariats of both Houses of Parliament. The case puts the spotlight on strict procedural safeguards under the Judges (Inquiry) Act and raises critical questions about unilateral action in the removal process of constitutional court judges.
The controversy began after allegations surfaced following a fire at Justice Varma’s official residence, which reportedly led to the recovery of cash, triggering an in-house judicial probe and subsequent steps toward impeachment. Acting on a motion admitted in the Lok Sabha, the Speaker constituted a three-member inquiry committee to investigate the charges.
Justice Varma, however, approached the Apex Court contending that while impeachment notices were submitted in both the Lok Sabha and the Rajya Sabha on the same day, the Speaker proceeded alone without awaiting admission of the Rajya Sabha motion or undertaking the mandatory joint consultation envisaged by law. Through senior counsel, he argued that the Speaker’s action violated both the Judges (Inquiry) Act and constitutional principles governing judicial independence.
A Bench of Justice Dipankar Datta and Justice A.G. Masih appeared prima facie unconvinced by the manner in which the process unfolded, openly questioning the lapse. “So many MPs and legal experts but no one pointed this out?” Justice Datta remarked, signalling concern over the alleged procedural shortcut.
Taking note of the challenge, the Court issued formal notice to the Lok Sabha Speaker and the Rajya Sabha and Lok Sabha Secretariats, setting the stage for judicial scrutiny of whether the inquiry committee was validly constituted under law.
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