Context: Justice Yashwant Varma resigned from his position and submitted his resignation to Droupadi Murmu amid a pending parliamentary motion for removal. The resignation follows an inquiry initiated under the Judges (Inquiry) Act, 1968 regarding serious allegations.
- Judges of High Courts and Supreme Court can be removed under Article 124(4) (SC) and Article 217 (HC).
- Requires a special majority in both Houses of Parliament.
- Judges (Inquiry) Act, 1968: Provides the procedure for investigation into allegations against judges.
- A three-member inquiry committee is constituted by the Speaker/Chairman.
- Grounds for Removal: Proven misbehaviour or incapacity, includes corruption, misconduct, or ethical violations.
- Role of Parliament: Initiates removal motion, ensures accountability of judiciary while maintaining independence.
- Resignation vs Removal: A judge may resign under Article 217(1)(a) by addressing the President. Resignation halts removal proceedings, avoiding formal removal.
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