Can a Judge Be Removed in India? A Landmark Test for Judicial Accountability

The recent case involving Delhi High Court’s Justice Yashwant Varma has sparked nationwide debate—not just about corruption, but about transparency and accountability in the judiciary.

After emergency responders discovered large sums of unaccounted cash at his residence during a fire incident, a Supreme Court-appointed inquiry panel indicted the judge. Despite the findings, he refused to resign, leading Parliament to initiate the removal process—a rare and constitutionally significant action.

So, what does it take to remove a High Court or Supreme Court judge in India?

🔹 The process is detailed in Article 124(4) and Article 217, along with the Judges Inquiry Act, 1968.

🔹 A motion for removal must be signed by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.

🔹 A three-member investigation committee is formed to examine the evidence.

🔹 If proven guilty of “misbehavior” or “incapacity,” a special majority is required in both Houses of Parliament.

🔹 Only then can the President of India issue the removal order.

Interestingly, the term "impeachment" is commonly used, but it does not appear in the Constitution regarding judges. The focus is on removal—through due process, not political pressure.

So far, no judge in India has ever been removed through this process. This ongoing case may become a first and will be a test for India’s democratic institutions.

This moment reminds us why the independence of the judiciary must be balanced with mechanisms for accountability and trust. If integrity is compromised, so is justice.

🧭 A transparent judiciary is not just a legal need—but a democratic necessity.

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