In-House Judicial Enquiry
Kartavya Desk Staff
Source: DH
Context: Chief Justice of India Sanjiv Khanna has formed a three-member in-house inquiry panel to investigate allegations of cash recovery from the residence of Delhi High Court Judge Yashwant Varma.
About In-House Judicial Enquiry:
• What it is: An internal mechanism to examine complaints against sitting High Court or Supreme Court judges for misconduct not meeting the threshold of impeachment.
• An internal mechanism to examine complaints against sitting High Court or Supreme Court judges for misconduct not meeting the threshold of impeachment.
• Established by: Supreme Court of India in 1999, following recommendations of a five-member committee formed in 1997. *(Ravichandran Iyer v. Justice A.M. Bhattacharjee*)
• Supreme Court of India in 1999, following recommendations of a five-member committee formed in 1997. *(Ravichandran Iyer v. Justice A.M. Bhattacharjee*)
• Members:
• For High Court judges: 2 Chief Justices of High Courts + 1 High Court judge. For Supreme Court judges: 3 sitting Supreme Court judges.
• For High Court judges: 2 Chief Justices of High Courts + 1 High Court judge.
• For Supreme Court judges: 3 sitting Supreme Court judges.
• How it works:
• Complaint is received by the Chief Justice of India (CJI) or the Chief Justice of the concerned High Court. Preliminary report is sought from the respective Chief Justice. If required, a three-member inquiry committee is formed. The committee follows principles of natural justice, allowing the judge to respond.
• Complaint is received by the Chief Justice of India (CJI) or the Chief Justice of the concerned High Court.
• Preliminary report is sought from the respective Chief Justice.
• If required, a three-member inquiry committee is formed.
• The committee follows principles of natural justice, allowing the judge to respond.
• Report Submission: The committee submits its findings to the Chief Justice of India for further action.
• This report must state whether: There is any substance to the allegations against the concerned judge and, If there is sufficient substance to the allegations, whether they are serious enough that they require initiation of removal proceedings against the judge.
• There is any substance to the allegations against the concerned judge and,
• If there is sufficient substance to the allegations, whether they are serious enough that they require initiation of removal proceedings against the judge.
About Process of Judge Removal:
• Constitutional Article: Article 124(4) and Article 218 lay down provisions for removal of SC and HC judges on grounds of “proved misbehaviour” or “incapacity.”
• Role of In-House Enquiry Committee:
• Recommends whether allegations are serious enough to warrant removal proceedings. Advises the concerned judge to resign or retire, if misconduct is established. If the judge does not abide by the CJI’s advice to resign or retire, the CJI will inform the President and the Prime Minister of the committee’s finding that removal proceedings should be initiated.
• Recommends whether allegations are serious enough to warrant removal proceedings.
• Advises the concerned judge to resign or retire, if misconduct is established. If the judge does not abide by the CJI’s advice to resign or retire, the CJI will inform the President and the Prime Minister of the committee’s finding that removal proceedings should be initiated.
• If the judge does not abide by the CJI’s advice to resign or retire, the CJI will inform the President and the Prime Minister of the committee’s finding that removal proceedings should be initiated.
Procedure and key features of the Judges (Inquiry) Act, 1968:
• Motion Requirement: An impeachment motion requires signatures from 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
• Inquiry Committee Formation:
• A three-member committee is constituted, including: One Supreme Court Judge or Chief Justice. One High Court Chief Justice. One distinguished jurist.
• One Supreme Court Judge or Chief Justice.
• One High Court Chief Justice.
• One distinguished jurist.
• Committee Powers:
• The committee functions with powers similar to a civil court, including: Summoning witnesses. Demanding document production. Recording evidence under oath.
• Summoning witnesses.
• Demanding document production.
• Recording evidence under oath.
• Report Submission: The committee submits its findings to both Houses of Parliament, along with clear observations on each charge.
• Final Action: If the motion is passed by both Houses, an official address for removal is presented to the President of India in the same session.