Is Yashwant Varma still a judge?
The power to resign at will protects judicial independence; when misused, it helps evade accountability; the report by the committee tasked with investigating charges of misbehaviour against former judge Varma is set to come up in Parliament; what will become of Varma now that he has resigned?
The Hindu reports that former Judge of the Allahabad and Delhi High Courts, Yashwant Varma, who has since resigned, remains listed by the Allahabad High Court and the Department of Justice of the Union government as a sitting judge. This has raised concerns about whether his resignation has taken effect or remains subject to acceptance by the President, as per the Judges (Inquiry) Act, 1968.
The Constitution grants judges the power to resign at will without needing acceptance by any authority, ensuring their independence from coercion. However, Members of Parliament, including judges of the Supreme Court and High Courts, must receive acceptance from the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha for their resignation to be effective.
Brief written by urgent.news from The Hindu's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
