·The Hindu·15 marks·250–350 wordsPolity

Examine the adequacy of the in-house and statutory mechanisms for judicial accountability in India in light of recent controversies.

In this answer
  1. In-house mechanism: swift but toothless
  2. Statutory mechanism: rigorous but rarely conclusive

Judicial accountability in India rests on a two-tier design: the Supreme Court's non-statutory in-house procedure, adopted with the Restatement of Values of Judicial Life, for misconduct short of removal [2]; and removal under Articles 124(4) and 218 read with the Judges (Inquiry) Act, 1968 [1]. Recent controversies suggest both are only partially adequate.

In-house mechanism: swift but toothless

  • The CJI receives complaints against Supreme Court judges and High Court Chief Justices, and may order a peer inquiry [2].
  • Its outcomes are advisory — counselling, withdrawal of judicial work, or a request to resign; there is no binding sanction.
  • Proceedings are not ordinarily published, so findings rarely satisfy public scrutiny.
  • It is still the fastest first response: the burnt currency notes found at a Delhi High Court judge's residence in March 2025 were handled in-house, followed by transfer to the Allahabad High Court [5].

Statutory mechanism: rigorous but rarely conclusive

  • The 1968 Act requires motion admission, a three-member committee (a Supreme Court judge, a High Court Chief Justice, a jurist), and a special-majority address by both Houses [1] — a threshold so high that no judge has ever been removed.
  • The Supreme Court upheld the Speaker's power to constitute such a committee in January 2026, affirming the process [6].
  • Yet resignation at will can pre-empt it: Justice Yashwant Varma resigned in April 2026 mid-inquiry — the third such instance — leaving it unsettled whether Parliament may act on the report the Committee nonetheless submitted in May 2026 [3].
  • Administrative ambiguity persisted: he was still listed as a sitting judge by the High Court and the Department of Justice months later, while his Bar status turned "active" [5].

Both mechanisms thus protect judicial independence better than they deliver accountability. Reviving the graded framework once proposed in the Judicial Standards and Accountability Bill, 2010 — asset declaration, a complaints scrutiny panel, and intermediate sanctions [4] — alongside statutory clarity on abatement after resignation, would close this gap while preserving the independence that Articles 124 and 218 were designed to secure.

Sources

  1. 1The Judges (Inquiry) Act, 1968 — India Code, Ministry of Law and Justiceremoval procedure, inquiry committee composition, special-majority address
  2. 2Code of Conduct for Judges / Restatement of Values of Judicial Life and in-house procedure — PIB, Government of IndiaCJI-led in-house complaint mechanism and its advisory character
  3. 3Inquiry Committee submits report on Justice Yashwant Varma to Speaker Om Birla — Supreme Court Observerresignation mid-inquiry, report submitted May 2026, unsettled abatement question
  4. 4The Judicial Standards and Accountability Bill, 2010 — PRS Legislative Researchasset declaration, oversight committee, graded sanctions
  5. 5Is Yashwant Varma still a judge? — The HinduMarch 2025 cash discovery, continued listing as sitting judge, change in Bar status
  6. 6SC upholds Lok Sabha Speaker's inquiry against Justice Varma — News on AIR, Prasar BharatiSupreme Court affirming the Speaker's power to constitute the committee
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