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22 July 2026

Committee report on former judge Yashwant Varma

The topic addresses a significant constitutional and legal gap regarding the resignation of judges during removal proceedings, which directly relates to the functioning of the judiciary and the separation of powers.

2 min read 2 questions 2 prelims

Notes

  • The Judges (Inquiry) Act, 1968, governs the investigation of charges of misbehaviour against judges of the Supreme Court and High Courts.
  • Constitutional functionaries, including judges of the Supreme Court and High Courts, possess the power to resign at will, which does not require acceptance by the President.
  • The Supreme Court in Union of India vs Gopal Chandra Misra (1978) affirmed that the resignation of a judge is effective ex proprio vigore (automatically).
  • Unlike judges, the resignation of Members of Parliament (Article 101) and members of State Legislatures (Article 190) is subject to acceptance by the respective Speaker or Chairman.
  • A resignation by a judge renders the motion for removal from office moot, as the individual no longer holds the office of a judge.
  • The current legal framework lacks a provision to continue parliamentary proceedings regarding an inquiry report if the judge resigns before the motion is discussed.
  • Proposals for reform include amending the Constitution to make the resignation of a judge facing removal proceedings subject to acceptance by the Chief Justice of India during the pendency of the inquiry.

Questions

  1. Discuss the constitutional status of the 'power to resign at will' for high constitutional functionaries. How does this differ from the resignation process for members of the legislature? 150 words
    Attempt this — 150 words in 8 min
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  2. The existing framework for judicial accountability under the Judges (Inquiry) Act, 1968, faces challenges when a judge resigns during removal proceedings. Critically analyze the legal implications of such resignations and suggest potential constitutional reforms to ensure institutional accountability while maintaining judicial independence. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Under the Constitution of India, the resignation of which of the following functionaries is NOT subject to acceptance by an external authority?

  2. Which Supreme Court judgment established that the resignation of a High Court or Supreme Court judge is effective ex proprio vigore?

Syllabus

Topics

Sources

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