Judicial Conduct and Oversight in India
The Indian judiciary, while highly revered, faces challenges with corruption scandals, highlighting the importance of judicial conduct and oversight.
Case Example: Justice Yashwant Varma
- Controversy arose when ₹10 crore unaccounted cash was discovered at Justice Varma's residence.
- Chief Justice of India (CJI) Sanjiv Khanna made public a preliminary inquiry report on the allegations.
- Justice Varma claimed the allegations were attempts to malign him.
Procedure for Judicial Inquiry
- Outlined in the Judges (Inquiry) Act 1968.
- Requires a motion signed by 50 Rajya Sabha (RS) or 100 Lok Sabha (LS) members.
- An inquiry committee, including an SC judge, HC Chief Justice, and a distinguished jurist, investigates the charges.
- If proven, the motion is presented to Parliament and requires a two-thirds majority for judge removal.
- The term used is ‘removal’, not ‘impeachment’.
Grounds for Judge Removal
- ‘Proved misbehaviour’ or ‘incapacity’ are grounds for removal.
- The Judges (Inquiry) Bill 2006 defines ‘proved misbehaviour’ as:
- Conduct bringing dishonour or disrepute to the judiciary.
- Failure to perform duties or abuse of judicial office.
- Corruption or lack of integrity.
Previous Instances
- V Ramaswami was the first judge with a motion in 1993, which failed to pass.
- Soumitra Sen resigned in 2011 after a motion was passed against him for misconduct.
- In 2015, an impeachment notice was moved against J B Pardiwala for objectionable remarks.
- C V Nagarjuna Reddy faced a motion in 2017.
- P D Dinakaran resigned in 2011 amid allegations of corruption and land-grabbing.
Challenges and Concerns
- The removal process is lengthy and time-consuming.
- The judiciary lacks a robust regulatory regime for addressing corruption and misconduct.
- Judges have immunity under the Judges (Protection) Act 1985, potentially evading scrutiny.
Importance of Judicial Ethics
Thomas Fuller's quote, "Be you ever so high, the law is above you," emphasizes that no one, including judges, is above the law. Judicial ethics are crucial for maintaining the rule of law and the integrity of democracy.
