Lok Sabha gears up for unprecedented motion to remove Justice Yashwant Varma in cash-for-judgment scandal

In a first-of-its-kind move during the upcoming Monsoon Session beginning July 21, the Lok Sabha is expected to take up a motion to impeach Justice Yashwant Varma, a sitting judge of the Allahabad High Court, after he was indicted by a Supreme Court-appointed committee over large sums of unaccounted cash allegedly found at his official residence in Delhi.

The explosive development, which has triggered alarm across judicial and political circles, follows an in-house inquiry that reportedly found Justice Varma culpable in what is now being referred to as a "cash-for-judgment" scandal. The committee was constituted by then Chief Justice of India Sanjiv Khanna and included three senior justices from high courts across the country.

Even as Justice Varma has moved the Supreme Court challenging the findings of the inquiry panel, the Centre has indicated that Parliament alone has the constitutional authority to remove a judge of the higher judiciary. “The removal of a Supreme Court or High Court judge is a matter that lies solely with Parliament. It functions independently of proceedings within the judiciary,” Parliamentary Affairs Minister Kiren Rijiju was quoted as saying by the Indian Express.

Rijiju is said to be in active discussions with leaders across the political spectrum to build consensus before introducing the motion. “This is not a political matter. Corruption in the judiciary must be confronted with unity. The government wants all parties on board because there is no room for partisanship in such a serious case,” Rijiju added.

Meanwhile, sources confirmed that MPs from multiple parties are likely to sign the notice for the motion, which requires the backing of at least 100 members in the Lok Sabha. Once the motion is submitted, the Speaker has the discretion to accept or reject it. If admitted, a three-member committee of inquiry is formed, comprising a Supreme Court judge (or the Chief Justice of India), a High Court Chief Justice, and a distinguished jurist.

If the committee upholds the charges, the motion is then debated and voted upon in both Houses of Parliament. For the judge’s removal to be finalized, it must pass with a two-thirds majority in each House.

Government sources said there is a strong push to conclude the removal process within the Monsoon Session itself, signalling the seriousness with which the administration views the case.

The three-member panel that indicted Justice Varma included Justice Sheel Nagu, Chief Justice of the Punjab and Haryana High Court; Justice G S Sandhawalia, Chief Justice of the Himachal Pradesh High Court; and Justice Anu Sivaraman, judge of the Karnataka High Court.

If Parliament proceeds with the impeachment and the motion is passed, it would mark a rare instance of judicial accountability at the highest levels — potentially setting a new precedent in the annals of India’s constitutional framework.