Burnt-Cash Recovery Case

What Is Justice Yashwant Varma Challenging Before the Supreme Court?

Introduction

The controversy surrounding the alleged recovery of burnt cash and the initiation of removal proceedings against Justice Yashwant Varma, Judge of the Allahabad High Court (formerly of the Delhi High Court), has now entered a crucial constitutional phase. Two weeks after a three-member Joint Inquiry Committee issued a notice seeking his response to corruption allegations, Justice Varma has approached the Supreme Court of India, challenging the very legality and constitution of the Inquiry Committee.

The matter is scheduled for hearing on January 7, just days before the Committee is expected to receive Justice Varma’s response, making the outcome of this challenge institutionally significant.

Background of the Removal Proceedings

Removal proceedings against Justice Varma were triggered after motions for impeachment were submitted in both Houses of Parliament on the same day, under the Judges (Inquiry) Act, 1968. Following this, the Speaker of the Lok Sabha admitted the motion placed before the Lower House and proceeded to constitute a Joint Inquiry Committee to examine allegations of corruption.

Justice Varma contends that this action violated mandatory statutory and constitutional safeguards governing the removal of judges.

Core Legal Challenge: Unilateral Constitution of the Inquiry Committee

Justice Varma’s principal argument is that the Speaker of the Lok Sabha acted unilaterally, without the mandatory joint consultation with the Chairman of the Rajya Sabha, as required under law.

He asserts that:

  • The Committee was constituted solely on the basis of admission of the Lok Sabha motion, despite the fact that a separate motion was also moved in the Rajya Sabha on the same day.

  • The Speaker failed to wait for admission of the Rajya Sabha motion.

  • The mandatory joint consultative process was bypassed.

This, according to Justice Varma, renders the entire Inquiry Committee void ab initio.

Statutory Framework: Judges (Inquiry) Act, 1968

Section 3(1): Initiation of Removal Proceedings

Section 3(1) provides that a motion for removal of a judge may be introduced in either House of Parliament with the requisite number of members.

Section 3(2): Constitution of the Inquiry Committee

Section 3(2) empowers the Speaker or the Chairman, as the case may be, to constitute an Inquiry Committee after the motion is admitted.

First Proviso to Section 3(2)

The first proviso is central to Justice Varma’s challenge. It mandates that:

  • Where motions are moved in both Houses on the same date,

  • The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha must act jointly,

  • And only after both motions are admitted, can an Inquiry Committee be constituted.

Justice Varma argues that these requirements are mandatory, jurisdictional, and foundational, not procedural formalities.

Three Statutory Scenarios Under Section 3 (As Argued by Justice Varma)

Justice Varma’s petition highlights that Section 3 recognizes three distinct situations:

  1. Motion moved in only one House – Committee may be constituted by that House’s presiding officer.

  2. Motions moved in both Houses on different dates – Committee may be constituted after admission of the first motion.

  3. Motions moved in both Houses on the same date – Committee can only be constituted jointly after admission in both Houses.

The present case, he argues, falls squarely within the third scenario, making unilateral action impermissible.

Constitutional Challenge: Violation of Article 14

Justice Varma has also invoked Article 14 of the Constitution of India, contending that:

  • The Speaker’s unilateral action is arbitrary and unreasonable.

  • It disregards the statutory classification created under Section 3.

  • It defeats the principle of equal protection of law by selectively applying procedure.

According to the plea, any deviation from the prescribed statutory procedure results in institutional arbitrariness, which Article 14 squarely prohibits.

Vacancy in the Office of the Rajya Sabha Chairman

A critical factual aspect relied upon by Justice Varma is that:

  • On July 21, the very day motions were introduced in both Houses,

  • The office of the Vice President of India, who functions ex officio as Chairman of the Rajya Sabha, became vacant,

  • Due to the resignation of Vice President Jagdeep Dhankhar on health grounds.

Justice Varma argues that:

  • Joint consultation was legally impossible on that day,

  • Therefore, the Speaker ought to have waited until the vacancy was filled,

  • Proceeding regardless violated the statutory scheme.

Purpose of the Proviso: Preventing Institutional Conflict

The petition emphasises that the proviso to Section 3(2) exists to:

  • Avoid parallel proceedings,

  • Prevent conflicting decisions by the two Houses,

  • Maintain institutional comity between the Lok Sabha and Rajya Sabha,

  • Preserve the constitutional balance in judicial removal proceedings.

Ignoring this safeguard, Justice Varma argues, defeats the legislative intent.

Earlier Challenge and Supreme Court’s Position

This is Justice Varma’s second legal challenge.

First Challenge

His earlier petition questioned the in-house inquiry procedure initiated by the former Chief Justice of India, Justice Sanjiv Khanna, arguing that it lacked statutory backing.
That plea was dismissed by the Supreme Court, which held that the in-house mechanism did not substitute parliamentary removal.

Present Challenge

The present petition is distinct and narrower:

  • It challenges parliamentary proceedings themselves, not the in-house inquiry.

  • It targets the Speaker’s statutory authority under the Judges (Inquiry) Act.

  • It raises justiciable questions of jurisdiction and legality.

Supreme Court Proceedings So Far

Senior Advocate Mukul Rohatgi appeared for Justice Varma before a Bench of:

  • Justice Dipankar Datta

  • Justice Augustine George Masih

After briefly hearing arguments, the Supreme Court:

  • Issued notices to the Secretaries-General of both Houses of Parliament,

  • Sought their responses to the challenge,

  • Listed the matter for further hearing on January 7.

Key Constitutional and Legal Provisions Involved

  • Article 124(4), Constitution of India – Removal of Supreme Court and High Court judges

  • Article 217(1)(b) – Removal of High Court judges

  • Article 14 – Equality before law

  • Judges (Inquiry) Act, 1968, especially Section 3(1) and 3(2)

Relevant Judicial Precedents

  • Sub-Committee on Judicial Accountability v. Union of India (1991) – Parliamentary primacy in judicial removal

  • K. Veeraswami v. Union of India (1991) – Safeguards in prosecuting judges

  • In Re: Justice C.S. Karnan (2017) – Distinction between constitutional discipline and statutory procedures

These cases underscore that procedural compliance is integral to judicial independence, even when allegations are serious.

Conclusion

Justice Yashwant Varma’s petition raises fundamental questions about parliamentary procedure, statutory interpretation, and constitutional discipline. At its core, the case is not about the merits of the allegations, but about whether constitutional safeguards governing judicial removal can be bypassed for expediency.

The Supreme Court’s decision will have far-reaching implications for:

  • Judicial independence

  • Parliamentary accountability

  • Separation of powers

  • Future impeachment proceedings

As the hearing on January 7 approaches, the case stands at the intersection of law, constitutional morality, and institutional restraint.

Location: Pune, Maharashtra, India

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