The Central Government is likely to introduce an impeachment motion against Justice Yashwant Varma of the Allahabad High Court in the upcoming Monsoon Session of Parliament. If brought forward, this would mark only the sixth attempt to impeach a sitting judge of the Supreme Court or High Courts since Independence — an extremely rare constitutional process.
Under Article 124(4) of the Constitution, a judge can only be removed by a presidential order following a motion passed by each House of Parliament with both a majority of the total membership and a two-thirds majority of members present and voting.
Here’s a look at the past attempts to impeach judges in India’s judicial history:
1. Justice V. Ramaswami (1993): First SC Judge to Face Impeachment Debate
Justice V. Ramaswami was the first sitting judge of the Supreme Court to face an impeachment motion. Accused of financial irregularities during his tenure as Chief Justice of the Punjab and Haryana High Court, the motion was debated in the Lok Sabha on May 10–11, 1993.
CPI(M) MP Somnath Chatterjee moved the motion, calling it a “constitutional obligation” and urging the House to act with the seriousness of judges. “If we fail today, we will be failing not only the Constitution but also the hopes of the people,” he said.
BJP’s Jaswant Singh supported the motion, saying, “To reject this motion would be to condone misbehaviour in the judiciary.” Janata Dal’s George Fernandes termed the debate “the beginning of a cleansing process.”
However, Congress MPs largely abstained, citing procedural concerns. MP Mani Shankar Aiyar criticised the motion as politically motivated. Due to lack of the required two-thirds majority, the motion failed: out of 401 MPs, 196 voted in favour and 205 abstained.
2. Justice Soumitra Sen (2011): First Judge with Passed Impeachment Motion
Justice Soumitra Sen of the Calcutta High Court was accused of misappropriating funds as a court-appointed receiver and misleading the court. An inquiry committee found misconduct, and the Rajya Sabha debated and passed the motion in August 2011.
CPI(M) MP Sitaram Yechury said the motion sought to protect institutional integrity. Arun Jaitley, then Leader of Opposition, said, “The cheques can’t lie; individuals can.”
Justice Sen defended himself, insisting he was being presumed guilty. But the Upper House passed the motion. Before the Lok Sabha could act, Justice Sen resigned, ending the proceedings.
3. Justice S.K. Gangele (2011): Motion Dropped Post-Inquiry
Over 50 Rajya Sabha MPs initiated impeachment proceedings against Justice S.K. Gangele of the Madhya Pradesh High Court on allegations of sexual harassment. However, the inquiry committee did not find sufficient evidence, and the motion was dropped.
4. Justice C.V. Nagarjuna Reddy (2017): Motion Fell Short of Support
Justice Reddy of the Andhra Pradesh and Telangana High Court faced a motion for alleged assault on a subordinate judge. Though initially supported by 50 MPs, the motion collapsed when nine MPs withdrew, leaving it below the threshold required for initiation.
5. Chief Justice Dipak Misra (2018): Motion Rejected by RS Chairman
In 2018, opposition parties including Congress and CPI(M) sought the impeachment of then Chief Justice of India Dipak Misra, citing “misbehaviour” and “incapacity.” However, then Rajya Sabha Chairman M. Venkaiah Naidu rejected the motion outright, ruling that the charges concerned internal administration and did not meet constitutional standards for impeachment.
Next in Line? Justice Yashwant Varma
If the Centre proceeds as expected, Justice Yashwant Varma could become the latest in this rare list of judges facing impeachment proceedings. The exact allegations and grounds for the motion are yet to be made public.
With only two successful impeachment motions debated in Parliament so far — and none resulting in the removal of a judge due to resignation or political dynamics — the upcoming session may once again test the robustness and accountability mechanisms within India’s higher judiciary.
