July 3, 2025

JUDICIAL IMPEACHMENT: A TEST OF ACCOUNTABILITY AND INTEGRITY

Ayushi Malviya

India’s judiciary has long held public trust as a bastion of fairness and impartiality. However, allegations of corruption against Justice Yashwant Varma, a sitting judge of the Delhi High Court, have brought this trust into question. On March 14, 2025, a fire at Justice Varma’s residence led to the discovery of large amounts of burning Indian currency, sparking widespread media attention and public outrage. Justice Varma denied the allegations, attributing the presence of the currency to possible staff involvement and suggesting a conspiracy.

The judiciary, as the custodian of the Constitution, stands as a cornerstone of any thriving democracy. It is instrumental in safeguarding individual rights, maintaining constitutional fidelity, and upholding democratic governance. In democracies, citizens either directly or through elected representatives participate in shaping the nation’s future. This participatory framework is supported by the doctrine of separation of powers, which distributes responsibilities among the legislature, executive, and judiciary. While the legislature enacts laws representing the people’s will, and the executive implements them, the judiciary interprets and enforces these laws. This division prevents power concentration and promotes accountability. The judiciary plays a pivotal role in ensuring justice, equality, and liberty, acting as the Constitution’s guardian through judicial review by nullifying unconstitutional laws or executive actions.

Protecting fundamental rights, the judiciary provides remedies under Articles 32 and 226 of the Constitution. Its role extends to addressing social justice issues through Public Interest Litigations (PILs), often serving marginalized communities. By maintaining checks and balances, it curbs potential misuse of power by other branches. The appointment of judges to the Supreme Court and High Courts in India is carried out by the President of India, based on recommendations made through the Collegium system. Despite its esteemed position, the judiciary’s credibility relies heavily on the conduct of its members, making accountability mechanisms crucial. However, recent allegations of corruption against Justice Yashwant Varma highlight the pressing need for stronger accountability mechanisms to preserve the integrity of the judiciary.

The Supreme Court responded by forming an in-house committee to investigate the matter. The committee’s findings prompted then Chief Justice of India, Sanjeev Khanna, to request Justice Varma’s resignation, which he refused. Subsequently, Justice Varma was transferred to the Allahabad High Court without judicial responsibilities. Additionally, a report recommending impeachment proceedings was submitted to the President, escalating the incident’s gravity and spotlighting issues of judicial accountability.

If the impeachment of Justice Varma proceeds, it will mark a historic first in India. Although impeachment motions have been initiated previously—such as against Justice V. Ramaswami of the Supreme Court in 1993 and Justice Soumitra Sen of the Calcutta High Court in 2011—neither resulted in removal. Justice Ramaswami’s motion failed to secure the requisite parliamentary majority, while Justice Sen resigned before the motion could progress. Justice Varma’s case, however, has garnered significant public and legal scrutiny, with the potential to set a powerful precedent for judicial accountability.

Judicial impeachment in India, outlined in Articles 124(4) and 217(1) of the Constitution, is a rigorous process designed to balance judicial independence with accountability. A motion signed by at least 100 Lok Sabha members or 50 Rajya Sabha members initiates the process. Once admitted, a committee comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist investigates the charges. If substantiated, the motion is debated in both Houses of Parliament. For the impeachment to succeed, it must secure a two-thirds majority of members present and voting, as well as a majority of the total membership of each House. Upon approval, the President formally removes the judge. This meticulous process underscores the gravity of such actions and ensures judicial fairness.

Corruption in India is often viewed as a low-risk, high-reward activity, a sentiment echoed by the Administrative Reforms Committee. The allegations against Justice Varma highlight the need for robust systems to uphold judicial accountability. Such incidents threaten the judiciary’s credibility, especially for citizens who place immense trust—and often their life savings—in the justice delivery system. The erosion of this trust can have far-reaching consequences for public confidence in democratic institutions.

While reforms like the Supreme Court’s three-year practice rule for entry-level judiciary examinations aim to enhance the quality of justice, allegations of corruption at higher levels demand stricter safeguards. Judicial integrity must be protected through comprehensive measures that address both systemic flaws and individual accountability.

Justice Varma’s potential impeachment is more than a test of judicial accountability—it is an opportunity for systemic reform. Successfully carrying out this process would reaffirm the judiciary’s commitment to transparency and self-correction, sending a strong message that even those entrusted with upholding the law are not above it. However, the focus must extend beyond punitive measures to preventive strategies. Strengthening the vetting process for judicial appointments, conducting regular audits, and fostering a culture of accountability can reinforce public trust in the judiciary.

The judiciary’s strength lies in its ability to inspire public confidence and uphold justice without bias. The case of Justice Yashwant Varma underscores the need for a vigilant approach to maintain the sanctity of judicial offices. If addressed decisively, this incident offers the Indian judiciary an opportunity to reaffirm its role as the guardian of democracy. By implementing reforms and adhering to constitutional principles, the judiciary can restore faith in its integrity and fairness. Ultimately, transparency, accountability, and a commitment to justice will ensure the judiciary’s enduring legacy as a cornerstone of Indian democracy.

 

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