Now Reading: Constitutional paradox: Can Parliament impeach a judge who resigned?
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Constitutional paradox: Can Parliament impeach a judge who resigned?
A parliamentary committee report tabled on Wednesday found former Delhi high court judge Justice Yashwant Varma guilty of possessing unexplained cash at his official residence in March 2025. The judge resigned in…
The Story in Brief
A parliamentary committee report tabled on Wednesday found former Delhi high court judge Justice Yashwant Varma guilty of possessing unexplained cash at his official residence in March 2025. The judge resigned in April while the inquiry was underway, creating a constitutional puzzle: can Parliament proceed with impeachment against a judge who has already resigned?
The Supreme Court's 1978 ruling treats a high court judge's resignation as a unilateral act effective from the chosen date. Yet the government appears to continue the parliamentary process, partly because the resignation has not been formally acted upon. Justice Varma has since surrendered official amenities, revived his enrolment with the Bar Council, and ceased drawing a salary, suggesting he has effectively demitted office.
The Indian Opinion
Justice Varma's case tempts two lazy narratives: either that resignation must automatically end all parliamentary proceedings, or that Parliament can ignore a resignation as a mere technicality. The Constitution is not a machine that runs on either extreme. A test awaits: Can a man who has revived his law practice and drawn no judicial salary for months still be a sitting judge when the Rajya Sabha votes? That vote will decide more than one man's fate, it will say whether Parliament's word or a judge's letter comes first.
Source: hindustantimes.com
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