In-house procedure
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
The in-house procedure is the judiciary's own internal way of handling complaints against judges. It was adopted in 1999 and made public in 2014. The Chief Justice of India (CJI) may set up a panel of three judges to look into a complaint. If the panel finds misconduct, the judge is advised to resign. If the judge refuses, their judicial work is taken away and the President and the Prime Minister are informed.
Example
Critics say the procedure is not based on any law passed by Parliament (it has no statutory basis) and that it works in secret. This is why it is seen as a weak and opaque form of judicial accountability.
Don't confuse with
- Removal under Art. 124(4): only Parliament can remove a judge, through a special majority in both Houses after an inquiry under the Judges (Inquiry) Act 1968. The in-house procedure can only advise resignation or take away work. It cannot remove a judge.