The report of the Inquiry Committee constituted under the Judges (Inquiry) Act, 1968 into allegations against Justice Yashwant Varma was laid before the Lok Sabha, along with the oral and documentary evidence recorded.
The committee found all three articles of charge proved - unexplained currency at his official residence, failure to preserve material evidence, and evasive and misleading explanations.
The three-member committee comprised Supreme Court judge Justice Aravind Kumar, then Bombay High Court Chief Justice Shree Chandrashekhar, and senior advocate B.V. Acharya.
The case began with a fire on the night of 14-15 March 2025 at the judge's official residence in New Delhi, during which burnt and half-burnt currency notes were reported found in a storeroom.
No judge of the higher judiciary has ever been removed under Article 124(4), which requires a special majority in both Houses of Parliament.
Fire at the judge's official residence in New Delhi; fire and police personnel report finding burnt and half-burnt currency notes in a storeroom
146 Lok Sabha MPs move a motion for removal; the Speaker accepts it and constitutes a three-member committee under the Judges (Inquiry) Act, 1968
The Supreme Court upholds the Lok Sabha Speaker's constitution of the inquiry
The Inquiry Committee submits its report to the Speaker
The report is laid before the Lok Sabha with the recorded evidence; all three articles of charge stand proved
A Supreme Court judge may be removed by the President only after an address by each House supported by a majority of the total membership of that House AND a majority of not less than two-thirds of the members present and voting, in the same session, on the ground of proved misbehaviour or incapacity.
Empowers Parliament to regulate by law the procedure for the presentation of an address and for the investigation and proof of misbehaviour or incapacity - the provision under which the Judges (Inquiry) Act, 1968 was enacted.
Article 218 applies the Article 124(4) and 124(5) machinery to High Court judges, so the identical process governs both; Article 217(1)(b) provides for resignation.
Lays down the procedure: the motion must be admitted by the Speaker or Chairman, who then constitutes a three-member committee - a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist - to frame charges and investigate. If the committee finds the judge not guilty, the motion cannot proceed.
Bars discussion in Parliament on the conduct of a judge except on a motion for an address for removal - which is why parliamentary debate on a sitting judge becomes permissible only at this stage.
The Constitution uses the word 'impeachment' only for the President, under Article 61. What happens to a judge is technically 'removal' under Article 124(4), even though newspapers and everyday speech call it impeachment. The distinction matters in an exam: the grounds for removing a judge are 'proved misbehaviour or incapacity', neither term defined in the Constitution, whereas the President is impeached for 'violation of the Constitution'. Note also the sequence - the inquiry committee's finding comes first and Parliament votes afterwards, so the process is quasi-judicial before it is political. If the committee exonerates the judge, the motion simply falls and no vote takes place.
Simple Analogy: Think of it as a two-lock door: the judicial lock (the committee's finding) must open before the political lock (Parliament's special majority) can even be tried.
GS Paper 2 > Judiciary: structure, independence and accountability; appointment and removal of judges
General Awareness > Indian Polity: Constitutional provisions on the judiciary
The only grounds on which a judge may be removed under Article 124(4). Neither term is defined in the Constitution, leaving their content to be worked out case by case.
A majority of the total membership of the House and at least two-thirds of members present and voting - required in each House, in the same session.
The specific, formally framed allegations an inquiry committee draws up and against which it records findings.
The law made under Article 124(5) prescribing how a removal motion is admitted, how the committee is constituted, and how misbehaviour is investigated and proved.
Bars parliamentary discussion of a judge's conduct except on a motion for an address seeking removal.