New Delhi, January 9: The Supreme Court on Thursday, January 8, reserved its judgment on a petition filed by Allahabad High Court judge Yashwant Varma, who is challenging the legality of a parliamentary committee probing corruption allegations against him. A bench comprising Justices Dipankar Datta and S. C. Sharma concluded the hearings, during which they questioned the petitioner's argument that the Deputy Chairman of the Rajya Sabha lacked the authority to reject an impeachment motion in the absence of a Chairman.

The Question of Executive Continuity

The central point of the legal dispute involves the powers of the Rajya Sabha Deputy Chairman. Senior advocates Mukul Rohatgi and Siddharth Luthra, representing Justice Varma, argued that under the Judges (Inquiry) Act of 1968, only the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha hold the discretionary power to admit or reject a removal motion. They contended that since the then-Chairman Jagdeep Dhankhar had resigned, the Deputy Chairman, Harivansh, could not legally "step into the shoes" of the Chairman for this specific statutory function. Justice Yashwant Verma Relieved of Judicial Duties: CJI Sanjiv Khanna Orders Action After Large Cash Recovery From Judge’s Bungalow.

However, the bench expressed scepticism toward this interpretation. Justice Dipankar Datta observed that if the Vice President can perform the functions of the President when that office is vacant, it follows that a Deputy Chairman can fulfil the Chairman's duties. "The Constitution does not work in a vacuum," Justice Datta remarked, adding that an interpretation requiring a total halt to parliamentary proceedings during a vacancy would make the law "unworkable."

Background of the Allegations Against Justice Yashwant Varma

The case against Justice Yashwant Varma stems from a March 14, 2025, incident where emergency services reportedly discovered wads of burnt currency notes at his official residence in New Delhi during a fire. At the time, Justice Varma was serving on the Delhi High Court.

Following an in-house inquiry by the then-Chief Justice of India, Sanjiv Khanna, a three-member judicial committee found "sufficient substance" in the charges of misconduct. While Justice Varma has denied the allegations, calling them a conspiracy, the findings led to the initiation of impeachment proceedings in Parliament. Who Is Delhi High Court Justice Yashwant Varma, Embroiled in Cash Discovery Row?

Legal Deadlock and Parliamentary Procedure

The current petition specifically challenges the decision of Lok Sabha Speaker Om Birla to "unilaterally" constitute an inquiry committee on August 12, 2025. Justice Varma’s legal team argues that because removal motions were filed in both Houses on the same day, a "joint committee" should have been formed. They claim that the Deputy Chairman's rejection of the Rajya Sabha motion was ultra vires (beyond his legal power), thereby invalidating the subsequent Lok Sabha probe.

Solicitor General Tushar Mehta, representing both Houses of Parliament, defended the procedure. He argued that the Deputy Chairman holds constitutional authority to act in the Chairman's absence and that the Speaker's panel - comprising Supreme Court judge Justice Aravind Kumar, Madras High Court Chief Justice M. M. Shrivastava, and senior advocate B. V. Acharya - is legally valid.

Next Steps in the Judicial Process

The Supreme Court has directed all parties to submit their final written submissions by Monday. In a separate ruling, the bench also rejected Justice Varma's request for more time to respond to the parliamentary committee, noting that the probe must proceed to maintain institutional accountability. The verdict, expected later this month, will likely set a significant precedent regarding the continuity of parliamentary authority during vacancies and the interpretation of the Judges (Inquiry) Act.

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