Judiciary’s In-House Inquiry: Justice Yashwant Varma Case

Why in the News ?

Chief Justice of India Sanjiv Khanna has initiated an in-house inquiry into Delhi High Court judge Justice Yashwant Varma following allegations that bundles of currency notes were found at his official residence after a fire on March 14, 2024. A three-member panel will investigate the matter.

Judiciary’s In-House Inquiry Mechanism:

  • Apart from impeachment, complaints against judges can be examined by the Chief Justice of India (CJI) or High Court (HC) Chief Justice.
  • The need for an internal process arose in 1995, after allegations against Justice A.M. Bhattacharjee of the Bombay HC.
  • A five-member SC panel formulated an in-house mechanism in 1997, which was later adopted in 1999.
  • This process was revised in 2014 after a sexual harassment case against a Madhya Pradesh HC judge.

Inquiry Process in Justice Varma’s Case

  • The Punjab & Haryana HC Chief Justice Sheel Nagu, Himachal Pradesh HC Chief Justice G.S. Sandhawalla, and Karnataka HC Judge Anu Sivaram will conduct the inquiry.
  • If allegations are serious, the judge may be advised to resign or retire.
  • If the judge refuses, the CJI can stop judicial work allocation (already done for Justice Varma).
  • If the judge does not comply, the CJI will inform the President and Prime Minister, recommending removal proceedings.
About the Process of Judge Removal in India:

●      Judges of the Supreme Court (SC) and High Courts (HCs) can be removed under Article 124(4) and Article 218 of the Indian Constitution.

●      Grounds for removal: Proven misbehavior or incapacity.

●      The process involves an impeachment motion requiring at least two-thirds of the members “present and voting” in both Houses of Parliament.

●      If the motion passes, the President issues an order for removal.

●      If Parliament is dissolved, the motion becomes invalid.