Judiciary In-House Inquiry into Justice Yashwant Varma

The Chief Justice of India, Sanjiv Khanna, has initiated a three-member in-house inquiry into the conduct of Delhi High Court judge Justice Yashwant Varma following allegations of misconduct involving currency notes found at his residence after a fire incident on March 14.

Judicial Inquiry Composition

• The inquiry is conducted by: 
  • Justice Sheel Nagu, Chief Justice of Punjab & Haryana High Court
  • Justice G S Sandhawalia, Chief Justice of Himachal Pradesh High Court
  • Justice Anu Sivaraman, Karnataka High Court

Removal of a Judge

The process for the impeachment of a Supreme Court or High Court judge is outlined in Article 124(4) of the Constitution. It requires Parliament to vote with a two-thirds majority on grounds of "proved misbehaviour" or "incapacity".

In-House Procedure Development

• The need for an internal mechanism was recognized in 1995 after financial impropriety allegations surfaced against then Bombay High Court Chief Justice A M Bhattacharjee.
• The Supreme Court established a five-member committee to devise a procedure for addressing judicial misconduct not meeting the impeachment criterion.
• The committee's report, submitted in 1997 and adopted with amendments in 1999, aimed to address misconduct inconsistent with judicial values.

2014 Procedure Review

• In 2014, the procedure was revisited due to a sexual harassment complaint by an additional district judge against a High Court judge.
• Justices J S Khehar and Arun Mishra outlined a seven-step process for handling such complaints, emphasizing the role of the Chief Justice of India (CJI) in examining complaints and recommending further action.

Current Inquiry Process

• The CJI receives complaints, which can be dismissed if deemed unserious but may initiate a preliminary report via the concerned High Court Chief Justice.
• If deeper investigation is warranted, a three-member inquiry, including two Chief Justices and one judge, is formed.
• The committee devises its procedure, adhering to natural justice principles, and submits a report on the allegations’ validity.
• Based on the report, actions include: 
  • If serious, advising resignation or retirement, or recommending removal proceedings to the President and Prime Minister.
  • If not serious, advising the judge and recording the committee's findings.

Current Status: Justice Varma has been asked not to be assigned judicial work pending the inquiry’s outcome.