In the absence of a statutory mechanism, how does the judiciary handle allegations of misconduct against sitting High Court judges? Discuss with reference to recent developments.
In this answer
Article 218 read with Article 124(4) allows removal of a High Court judge only for "proved misbehaviour or incapacity" through parliamentary impeachment [1] — a route never successfully completed [3]. Between inaction and impeachment, the judiciary has built its own self-regulatory machinery.
The constitutional–statutory vacuum
- The Judges (Inquiry) Act, 1968 activates only after MPs move a removal motion; it is a political, not disciplinary, remedy [3].
- The NJAC Act, 2014 was struck down in 2015 for violating judicial primacy, leaving no statutory appointments-cum-complaints body [5].
The In-House Procedure, 1999
- Adopted by the Full Court in December 1999, it channels complaints against an HC judge to the High Court Chief Justice or the CJI [2].
- The CJI seeks the judge's response and may constitute a fact-finding committee of sitting Chief Justices/judges [2].
- Graded remedies: counselling by the CJI, withdrawal of judicial work, advice to resign; on refusal, the President and Prime Minister are informed [2].
The Collegium's administrative route — recent developments
- In August 2026, sitting Supreme Court judge Justice Sandeep Mehta wrote to the CJI alleging favouritism and maladministration by the Acting Chief Justice of the Rajasthan High Court; CJI Surya Kant stated the charges would be examined through an institutional mechanism [4].
- On 31 August 2026, the Collegium recommended Justice Sanjay K. Agrawal (Chhattisgarh HC) as Chief Justice of the Rajasthan High Court, proposing immediate transfer [4] — using appointment and transfer powers under Articles 217 and 222 [1] to restore administrative order without invoking removal.
Limitations
- Resolutions seldom disclose reasons; the complainant has no appeal; transfer may relocate rather than resolve a problem.
- The Judicial Standards and Accountability Bill, 2010 lapsed, leaving the gap unfilled [3].
The judiciary thus substitutes peer scrutiny and administrative reassignment for statutory discipline — effective in preserving independence, weaker on transparency. Codifying the in-house procedure with time-bound inquiry, reasoned disclosure and a published Memorandum of Procedure would align judicial accountability with the rule of law the Constitution entrusts to the courts themselves.
Sources
- 1The Constitution of India, Legislative Department, Ministry of Law and JusticeArticles 124(4), 217, 218, 222 on appointment, transfer and removal
- 2Report of the Committee on In-House Procedure, Supreme Court of India1999 in-house complaint mechanism and graded remedies
- 3PRS Legislative Research — Explainer: Mechanisms to investigate charges against a judgeJudges (Inquiry) Act, 1968; no completed impeachment; lapsed accountability Bill
- 4Statement of the Supreme Court Collegium, meeting held on 31 August 2026recommendation of Justice Sanjay K. Agrawal as Chief Justice, Rajasthan High Court, with immediate transfer
- 5PRS Legislative Research — The National Judicial Appointments Commission Bill, 2014NJAC struck down in 2015, Collegium reinstated