Is Yashwant Varma still a judge?, Pg10

Key Highlights:

• Former High Court judge Yashwant Varma resigned amidst an inquiry into alleged misbehaviour under the Judges (Inquiry) Act, 1968.
• The allegations stemmed from the discovery of partially burnt currency notes at his official residence in March 2025.
• Despite his resignation on April 9, 2026, some official lists continue to identify him as a sitting judge.
• The Constitution grants High Court judges the power to resign "at will," meaning their resignation does not require acceptance by any authority.

Detailed Insights:

• The inquiry committee was constituted by the Speaker of the Lok Sabha as per the provisions of the Judges (Inquiry) Act, 1968.
• The Supreme Court in Union of India vs Gopal Chandra Misra (1978) affirmed that judges' resignations do not require acceptance.
• The power to resign at will is a constitutional safeguard for the independence of judicial offices.
• While the inquiry report can be laid before Parliament and made public, the motion for removal becomes moot after a judge's resignation.
• The current legal framework presents a loophole, allowing judges facing removal proceedings to evade accountability by resigning.
• An amendment to the Constitution is proposed to make the resignation of a judge facing removal subject to acceptance, ideally by the Chief Justice of India.
• Amending the Judges (Inquiry) Act, 1968 is also suggested to permit parliamentary discussion of inquiry reports even after a judge's resignation.

Key Concepts Involved:

• Judges (Inquiry) Act, 1968: Legislation that establishes the procedure for investigating allegations of misbehaviour or incapacity against Supreme Court and High Court judges.
• Resignation at Will: A constitutional provision allowing certain officeholders, including judges, to resign by merely submitting their resignation without requiring external acceptance.
• Judicial Independence: The principle that the judiciary should be impartial and free from improper influence from other branches of government or private interests.