Controversial Judge Retires Amid Pending Impeachment — Case Set to Lapse

Shekhar Kumar Yadav of the Allahabad High Court is set to retire on April 15, even as an impeachment motion against him remains pending in the Rajya Sabha for over a year.

Justice Yadav, who took oath as an additional judge on December 12, 2019, and was elevated as a permanent judge on March 26, 2021, will demit office before any action is taken on the motion—effectively rendering it null and void.

🔴 Controversy Triggered by Public Remarks
The controversy stems from a speech delivered on December 8, 2024, at an event organised by the legal cell of the Vishva Hindu Parishad in Prayagraj. During the lecture on the Uniform Civil Code, Justice Yadav made remarks suggesting that the country functions according to the will of the majority and used a derogatory term, triggering widespread criticism.

The Supreme Court of India took note of the speech and sought an explanation from him. However, reports indicate that Justice Yadav did not express regret, maintaining that his remarks were appropriate.

🏛️ Impeachment Motion and Its Fate
An impeachment motion was submitted on December 13, 2024, with signatures from 55 MPs—exceeding the minimum requirement. Despite this, no formal proceedings were initiated.

With his retirement, the pending motion will lapse automatically, as impeachment applies only to sitting judges.

🗣️ Debate on Judicial Conduct
Former Chief Justice of India D Y Chandrachud had earlier emphasised that judges must exercise restraint in public discourse to avoid any perception of bias.

Justice Yadav’s remarks—particularly on cultural values, personal laws such as triple talaq, and advocacy for a Uniform Civil Code—had intensified debates around judicial neutrality and propriety.

Other Past Controversies
● Advocated granting cow protection the status of a fundamental right (2021)
● Suggested national heritage status for figures like Ram and Krishna
● Made observations referencing historical interfaith marriages during court proceedings

📍 Retirement Proceedings
A full court reference will be held at the Allahabad High Court on April 15 to mark his retirement, with judges, bar members, and officials expected to attend.

The development closes a contentious chapter, but also raises broader questions about accountability mechanisms for judges and the limits of public expression from the bench.

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