Critically examine the adequacy of India's in-house mechanisms for addressing allegations of misconduct against sitting High Court and Supreme Court judges.
In this answer
Impeachment under Articles 124(4) and 218 has never been completed against any judge [1], leaving misconduct below the removal threshold to the Supreme Court's non-statutory In-House Procedure (1999) — a necessary but structurally weak safeguard.
Where the mechanism works
- Graded response: a three-member committee (one Supreme Court judge, two High Court Chief Justices) can find no substance, minor misconduct meriting the CJI's advice, or misconduct grave enough to trigger removal proceedings [1].
- Fills the accountability gap between an unworkable parliamentary route under the Judges (Inquiry) Act, 1968 [3] and total impunity — allowing withdrawal of judicial work or a request to resign.
- Protects independence: preliminary scrutiny stays within the judiciary, avoiding executive-led investigation of sitting judges.
- Speed: it can act within weeks, unlike a removal motion requiring 100 Lok Sabha or 50 Rajya Sabha signatures and a two-thirds majority [1].
Where it falls short
- No statutory basis or sanction: the procedure is court-devised; its committee can only recommend, not punish, and a judge who refuses to resign continues in office [1].
- Opacity: inquiry reports are confidential and rarely disclosed even to the complainant, weakening deterrence and public confidence.
- Concentration of discretion in the CJI over whether a complaint is examined at all invites perceptions of selectivity — visible in the recent Rajasthan High Court row, where a Supreme Court judge's letters alleging misuse of "master of the roster" powers by the Acting Chief Justice were met with a Collegium transfer recommendation rather than a publicly disclosed inquiry [4].
- Transfer as substitute: an Article 222 transfer relocates the problem instead of adjudicating it.
- Stalled reform: the Judicial Standards and Accountability Bill, 2010 — proposing Scrutiny Panels, a National Judicial Oversight Committee and mandatory asset declaration — lapsed [2].
The mechanism is thus necessary but insufficient: credible in design, uncertain in enforcement. Codifying it with statutory backing, time-bound inquiries, an independent complaints body and reasoned public outcomes, while retaining judicial primacy, would strengthen both accountability and the institutional trust that judicial independence ultimately rests on.
Sources
- 1PRS Legislative Research — *Explainer: Mechanisms to investigate charges against a Supreme Court judge*In-House Procedure (1999) committee composition and three possible findings; Article 124(4) removal thresholds; no judge impeached to date
- 2PRS Legislative Research — *Summary of the Judicial Standards and Accountability Bill, 2010*Scrutiny Panel, National Judicial Oversight Committee, asset declaration proposals
- 3India Code — The Judges (Inquiry) Act, 1968statutory procedure governing inquiry only in removal proceedings
- 4The Hindu — *Rajasthan's Acting Chief Justice denies allegations by Supreme Court judge* (4 September 2026)Justice Sandeep Mehta's letters to the CJI, roster-misuse allegations, and the Collegium's transfer recommendation
Practice
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