The Supreme Court on Wednesday (January 7, 2026) orally observed that there was no bar under the Judges Inquiry Act on Lok Sabha Speaker Om Birla setting up an inquiry committee to probe corruption charges against Allahabad High Court judge Yashwant Varma after a similar motion was rejected in the Rajya Sabha.

Expressing prima facie opinion, a bench comprising Justices Dipankar Datta and Satish Chandra Sharma was also not in agreement with the submissions of senior advocate Mukul Rohatgi, representing Justice Varma, that the deputy chairperson of the Rajya Sabha was not competent to reject the motion following the resignation of chairperson Jagdeep Dhankhar.

The top court, however, observed that there appears to be “some infirmity” in the manner in which the Lok Sabha Speaker constituted the panel, and said it would examine whether the defect is grave enough to warrant termination of the proceedings.

SC’s in-house inquiry usurps Parliament’s authority, erodes judicial independence: Justice Varma

Mr. Rohatgi, at the outset, opposed the setting up of the inquiry committee by the Speaker, saying that if the impeachment motions are moved simultaneously in the Lok Sabha and the Rajya Sabha on the same day, the committee has to be formed jointly by both the houses.