Question 16GS2GS2

The misconduct of judges and the in-house procedure has come into public spotlight due to the Justice Jashwant Verma case.

Main Body

Examination of the Procedure

Suggestion on a procedure by joining of by 100MPs is left Sabha and 50 in RS → Setting up of a Precedent inquiry committee by SC

Voting and trial removal (Special Majority) → Suggested by the President

Appeal Procedure in court

1The Chief Justice sets up a 3-member committee

For SC judge → CJI + 2 senior members

For HC → CJI + 2 HC CJs

2After final enquiry, the voting is done based on majority with no special vote.

3Can reject the suggestion for removal or advise the President to move a removal motion in Parliament.

Positives

1The judicial accountability is maintained.

2Better use of interrogation of judge by judicial officers.

3An opportunity is given to the judge to represent themself.

Negatives

1No judge has been impeached

till date - Out of 4 motions

2Difficult procedure to remove a special majority in both houses.

3Enquiry on judge is done by judiciary itself - (Conflict of interest possible)

4The appeal to the decision of the CJI is to a bench with CJI by distinct principles of natural justice.

Way Forward

1Need to create a legislated and lawful impeachment process

2Easing the special majority to effective majority

The in-house procedure needs to be provided with legitimacy through institutionalization and removal of the 'Black-box procedure'

— Aditya Talwar · AIR 270

236 words21 paragraphs

Conclusion

The in-house procedure needs to be provided with legitimacy through institutionalization and removal of the 'Black-box procedure'

17 words

Diagram

Flowchart showing procedure for judicial misconduct: Suggestion by petition (100MPs in Lok Sabha and 50 in RS) → Setting up of Precedent inquiry committee by SC → Voting and trial removal (Special Majority) → Suggested by President → Appellate Procedure in court. Also shows composition of 3-member committee for SC and HC judges.

Provides systematic procedure with clear steps
Includes specific numbers (100 MPs, 50 RS)
Details committee composition
Shows hierarchical structure
Lists both positives and negatives
Identifies judicial accountability maintenance
Notes opportunity for self-representation
Provides statistical insight on impeachments
Identifies specific weaknesses of current procedure
Proposes concrete reforms
Addresses natural justice concerns
Calls for institutionalization
Clear conclusion provided

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Topper

Aditya Talwar

AIR 2702025

Subject & Paper

GS2GS2

Topic

Judiciary

Judicial Accountability and In-House Procedures

Misconduct of Judges - In-House Procedure

Writing Stats

253

Total words

Paragraphs

Critical and reform-oriented

Tone

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