Recent events have put Delhi High Court Judge Yashwant Varma under intense scrutiny, particularly after a substantial amount of cash was reportedly found at his official residence. This discovery has ignited a significant discussion, with reports suggesting that the central government is now considering the option of bringing an impeachment motion against Justice Varma during the upcoming monsoon session of Parliament. Sources indicate that if Justice Varma does not resign voluntarily, an impeachment motion in Parliament remains a distinct possibility to remove him from his position. This development brings the intricate process of impeachment into the spotlight, raising questions about its application, the authorities empowered to initiate it, and the detailed procedural steps involved.

Impeachment is a critical constitutional process primarily utilized for the removal of the President and judges of the Supreme Court or High Courts. This rigorous procedure is typically invoked when an official is found to have violated the Constitution, engaged in misconduct, or demonstrated incapacity. The constitutional framework governing impeachment is explicitly outlined in Articles 61, 124(4), 124(5), 217, and 218. The process for impeaching a Supreme Court judge is detailed in Article 124(4) of the Constitution, with Article 218 extending these provisions to High Court judges. As per Article 124(4), a judge can only be removed from office through a procedure established by Parliament, based solely on proven misbehavior or incapacity. An impeachment motion can be introduced in either the Lok Sabha or the Rajya Sabha and requires passage by both houses in the same session. A lengthy process unfolds from its introduction to the President’s approval. To initiate the motion, a minimum of 100 Members of Parliament (MPs) in the Lok Sabha or 50 MPs in the Rajya Sabha must sign the proposal. If the Speaker or Chairman accepts the proposal (they also have the power to reject it), a three-member committee is formed to investigate the allegations. This committee comprises a Supreme Court judge, a Chief Justice of a High Court, and a distinguished legal expert. The committee investigates the allegations against the judge and submits its report to the Speaker or Chairman, who then presents it to their respective house. If the committee’s report substantiates the allegations, the motion for the judge’s removal is put to debate and vote in Parliament. For the motion to pass, it must be supported by a two-thirds majority of members present and voting, or a majority of the total membership of that house. If both houses pass the motion, it is sent to the President for approval. Only the President has the authority to remove a judge, and upon their assent, the concerned judge is removed from office. Notably, no judge in India has ever been removed via impeachment, as previous attempts either failed to secure the necessary majority or the judges resigned before the proceedings concluded.