New Delhi: The Lok Sabha Speaker’s office has informed the Supreme Court that the motion to remove Allahabad High Court judge Justice Yashwant Varma was never admitted in the Rajya Sabha, citing it as “defective.” This development adds a fresh dimension to the controversy surrounding the judge’s removal after wads of currency notes were reportedly found at his official residence in Delhi last year.
The Supreme Court is currently examining a petition filed by Justice Varma challenging the Speaker’s decision to unilaterally proceed with the inquiry despite a similar motion being presented in the Rajya Sabha. On December 16, the top court had sought a response from both Houses of Parliament, appearing prima facie satisfied with the grounds raised in the petition.
Details from Lok Sabha Secretary General
In the response filed by Lok Sabha Secretary General Utpal Kumar Singh, it was stated that soon after the motion was presented in the Rajya Sabha, the House was informed that the motion was “defective in many scores” and was never formally admitted. Acting on this, the Deputy Chairman of Rajya Sabha decided not to admit the motion on August 11, 2025, and this decision was communicated to the Lok Sabha Secretary General the same day.
Subsequently, on August 12, 2025, the Lok Sabha Speaker admitted a separate motion presented by 146 members of the lower house and proceeded under the Judges (Inquiry) Act, 1968, constituting an inquiry committee headed by Supreme Court judge Justice Aravind Kumar.
The response emphasized that the petition filed by Justice Varma was based on a “misconception”. Mere presentation of a motion in either House does not amount to admission; the motion is first scrutinized, and admission occurs only when the Speaker or Chairman is satisfied. Since only the Lok Sabha motion was admitted, the proviso to Section 3(2) of the 1968 Act—requiring joint constitution of an inquiry committee if motions are admitted in both Houses—does not apply.
The secretary general also requested that the Supreme Court not interfere in the ongoing removal proceedings, citing Article 122 of the Constitution, which bars judicial questioning of the validity of parliamentary proceedings on procedural grounds.
Supreme Court Proceedings
A bench of Justices Dipankar Datta and SC Sharma will consider the latest submission from the Lok Sabha Secretary General on Wednesday.
The inquiry committee, constituted by the Lok Sabha Speaker, comprises:
- Justice Aravind Kumar (Supreme Court)
- Chief Justice Manindra Mohan Shrivastava (Madras High Court)
- Senior Advocate BV Acharya
The committee has already issued a notice to Justice Varma, requiring him to submit a written statement in defense by January 12, 2026, and to appear in person on January 24, 2026.
Background
Justice Varma had challenged the process under Section 3(2) of the Judges (Inquiry) Act, arguing that when a motion is moved in both Houses, an inquiry committee cannot be constituted until it is admitted in both Houses. He contended that the Lok Sabha Speaker’s unilateral action violated the statutory procedure.
The Supreme Court, while issuing notice last month, had remarked, “Our Parliament has several legal experts. Then how does this happen? Did the members of Parliament not notice that this cannot be done?”
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