·The Hindu·15 marks·250–350 words

Critically examine the adequacy of the in-house procedure for judicial accountability in India in light of recent controversies.

In this answer
  1. Strengths of the mechanism
  2. Limitations exposed by recent events

The in-house procedure, born of full-court resolutions of 1997 and refined in 1999, empowers the Chief Justice of India to receive complaints against judges and constitute a peer committee to inquire into misconduct [2]. Recent controversies show it is a useful but structurally incomplete instrument of accountability.

Strengths of the mechanism

  • Fills the impeachment vacuum: removal under Articles 124(4) and 217(1)(b) requires a two-thirds parliamentary majority and has never succeeded; the in-house route allows graded remedial action such as withdrawal of judicial work or advice to resign [1].
  • Protects independence through peer review: inquiry is by senior judges, insulating the judiciary from executive or legislative pressure [1].
  • Demonstrated responsiveness: in the cash-discovery controversy, a committee was constituted, its findings were forwarded to the President and Prime Minister, and a removal motion followed; the Supreme Court upheld the process, holding the CJI is not a "mere post office" [5].

Limitations exposed by recent events

  • No statutory force: it cannot impose punishment, order restitution, or compel evidence — its sanction is essentially moral.
  • Resignation as an escape route: resignation under Article 217(1)(a) takes effect on receipt by the President [4], abating proceedings under the Judges (Inquiry) Act, 1968 [3], since these lie only against a sitting judge.
  • Consequences do not follow findings: pensionary rules do not link entitlement to the manner of exit; the Supreme Court has issued notice on a plea to deny perks to functionaries who resign to avoid removal [6].
  • Opacity: reports are not routinely published and complainants have no appeal, weakening public confidence.

The procedure is adequate as a first-response filter but inadequate as a complete accountability system, because its findings can be extinguished by voluntary exit. A statutory framework on the lines of the Judicial Standards and Accountability Bill, 2010 — declared standards, a scrutiny panel and an oversight committee [7] — with power to conclude inquiries and attach consequences post-resignation, would align judicial accountability with the constitutional promise of probity without diluting judicial independence.

Sources

  1. 1PRS Legislative Research — Explainer: Mechanisms to investigate charges against a Supreme Court judgein-house process, remedial options, impeachment threshold
  2. 2PIB — Code of Conduct for Judges (Ministry of Law and Justice)1997/1999 full-court resolutions; CJI competent to receive complaints
  3. 3The Judges (Inquiry) Act, 1968 — India Codestatutory inquiry applies to sitting judges
  4. 4The Constitution of India — India CodeArticles 124(4), 217(1)(a) and 217(1)(b)
  5. 5News on AIR — SC dismisses Justice Yashwant Varma's plea challenging in-house committee inquiry findingsCourt upholding the in-house procedure
  6. 6The Hindu — Why perks for officials who quit to avoid inquiry: plea (4 September 2026)SC notice on denying retirement perks
  7. 7PRS Legislative Research — The Judicial Standards and Accountability Bill, 2010proposed oversight committee and scrutiny panel

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