INTRODUCTION
Putting an abrupt end Justice Yashwant Varma of Allahabad High Court submitted his resignation to President Droupadi Murmu on 9th April 2026, thus halting the formal impeachment proceedings which had gained momentum in the Parliament. The event has raised questions regarding legal and ethical responsibilities. The resignation is not a private personal event that goes by unnoticed and unaffected it is something that gets brought into the spotlight because of its intersection between judicial independence, parliament’s role and the responsibility of the office bearers of justice be answerable to it themselves.
BACKGROUND
Justice Verma tendered his resignation following corruption allegations against him and finding an exorbitant amount from his residence when the investigating authorities searched the place. Even though Articles 124 and 217 of the Indian Constitution lays down the provision for impeachment of Judges in constitutional courts it is something heavily criticized for the lack of implementation and being too cumbersome. Even in the past Judges have opted for resignation over initiation or conclusion of formal impeachment proceedings as that would lead to them losing all their benefits that a retired Judge is entitled to and would also save them their name. This has raised criticisms for lack of public accountability.
KEY POINTS
- It highlights the lack of proper impeachment procedure.
- It also underscores the lack of proper body which is independent to oversee and examine the allegations against the said judges.
- The in-house proceedings often employed by the Courts lack public transparency and do not have proper statutory backing.
- The discussions have raised questions whether resignation should be allowed before the end of investigation of the allegations.
- Such repeated incidents have also shaken the public trust and confidence on the judiciary as it relies heavily on integrity.
RECENT DEVELOPMENTS
Members of the judicial fraternity and legal experts have called for reforms on the impeachment mechanisms in force in the country and demands for the establishment of a National Judicial Commission.
They are also demanding more public transparency on the developments in the in-house investigation/ inquiry proceedings initiated by the Court and publish the same in cases involving misconduct.
Scholars are also calling for bringing in more legislative intervention in this matter and not to let such judicial officers resign from their office until in-house investigation or impeachment proceedings are completed. Resignation should not act as a shield to such officers.
CONCLUSION
Judicial independence is no doubt one of the highest orders of constitutional value, however, this independence should not act as a permanent shield against accountability and transparency. An institution against whom everyone is held answerable, including the first citizen of India, ironically no office bearer of this very institution is answerable to anyone. Thus, giving the accused of most serious misconduct nothing but a silent departure from lights, camera and a courtroom where they once decorated the helm with full pension and other benefits. This can never be sustainable in the long term as it will shake the judiciary to its core when the public fully loses its faith and confidence in the justice system.
Though Justice Verma has left the bench the questions that his case raised remain alive.
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WRITTEN BY: AARSHITHA UNNIKRISHNAN
