Justice Yashwant Varma’s resignation raises questions over the fate of the statutory inquiry against him. The Constitution asks Parliament to enact a law regulating the investigation of allegations against a judge and an address for seeking removal. The key issue is whether the inquiry’s survival can hinge on the judge’s continued tenure
The Supreme Court is empowered under Article 142 to pass necessary orders to deliver complete justice where existing laws fail to provide a specific remedy. While this power acts as a ‘constitutional safety valve’, critics argue that it may lead to judicial encroachment upon the domain of the Executive or the Legislature