RESIGNATION is the only option before Justice YashwantVarma to avoid impeachment by Parliament as the Government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and High Court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge “may, by writing under his hand addressed to the President, resign his office.”

 

A judge’s resignation does notrequire any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. ThenChiefJusticeofIndiaSanjivKhannahadwrittentothePresident and the Prime Minister to remove Justice Varma, mired in the cash discovery row.