Discuss the mechanisms available within the Indian judiciary for addressing complaints of one judge against another. Are they adequate to ensure both accountability and independence?
In this answer
Complaints by one judge against another — as in the recent letters from a sitting Supreme Court judge to the Chief Justice of India about a High Court's Acting Chief Justice — fall in a grey zone between constitutional removal and informal peer correction, testing whether self-regulation can deliver accountability without inviting external control.
Mechanisms presently available
- Constitutional removal: Article 124(4), extended to High Court judges by Article 218, permits removal only for "proved misbehaviour or incapacity" through a parliamentary special majority [1], with the Judges (Inquiry) Act, 1968 supplying the inquiry-committee procedure [2].
- In-House Procedure (1999): adopted by a Full Court of the Supreme Court, it lets the CJI call for a report and constitute a committee of judges to examine a complaint; its two-stage design and limits were clarified in Additional District & Sessions Judge 'X' (2014) [3][4].
- Ethical self-regulation: the Restatement of Values of Judicial Life (1997) binds judges to conduct that sustains public confidence [4].
- Administrative correction: the CJI-led collegium may recommend transfer under Article 222, while listing and roster grievances fall to the Chief Justice as "master of the roster" [1].
Strengths
- Insulates judges from executive or legislative pressure, protecting independence.
- Graded response — counselling, withdrawal of work, or advice to resign — avoids the all-or-nothing removal route.
- Confidentiality shields reputations while an allegation is untested, honouring natural justice.
Gaps
- The In-House Procedure is a resolution, not law; findings are unenforceable and no penalty short of removal is binding.
- No timeline, no complainant feedback, and no disclosure — outcomes rarely reach the public.
- Removal has never succeeded; the Judicial Standards and Accountability Bill, 2010 lapsed, leaving the statutory vacuum unfilled [5].
The mechanisms secure independence well but under-deliver accountability. Codifying the In-House Procedure with defined timelines, reasoned outcomes and periodic disclosure — while retaining judicial control over the process — would align judicial self-governance with Article 14's promise of fairness and rising public expectations of transparency.
Sources
- 1The Constitution of India (Legislative Department, Ministry of Law and Justice)Articles 124(4), 218 and 222 on removal and transfer of judges
- 2The Judges (Inquiry) Act, 1968 (India Code)statutory inquiry procedure for proved misbehaviour or incapacity
- 3*Additional District and Sessions Judge 'X' v. Registrar General, High Court of Madhya Pradesh* (2014), Supreme Court Reportstwo-stage structure and limits of the In-House Procedure
- 4Supreme Court of India — Practice and ProcedureIn-House Procedure (1999) and Restatement of Values of Judicial Life (1997)
- 5PRS Legislative Research — The Judicial Standards and Accountability Bill, 2010lapsed attempt to statutorily codify judicial accountability
Practice
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