Question Q.15GS2GS2

Critically examine the 'in-house procedure' adopted by the Apex Court to inquire into allegations of misconduct against judges of constitutional courts in India.

Introduction

Recent case finding in evidence of Delhi HC Judge Justice Yashwant Verma

12 words

Main Body

Recent case finding in evidence of Delhi HC Judge Justice Yashwant Verma performed in-house procedure to establish a mechanism to inquire via the 'in-house procedure'. Evolution of 'in-house procedure': → 1) V.Ramanswamy case 1993 → 2) Saumitra Datha case 2011 Mechanism: Complaint of misconduct against Judge → CTI Forum → submit → 2-member Drafting Drafting Committee to inquire → submit CTI → (ex: CJI of HC + 2 Justice of HC in Assent Case) Is an extra-constitutional measure adopted by SC.

Benefit: 1) Case inquired into by Judicial merit by 3 Judge panel. 2) Enhanced accountability → direct approach to CTI. 3) Doesn't interfere into working of mechanism of Act 124(4). 4) Provides additional insights. Limns: 1) Acts as parallel to established mechanism under Act 124(4) and Judges Enquiry Act 1968 2) VP termed the inquiry by EC as 'inconsequential' because it will have no impact on finding of Parliament established committee.

2Creates Conflict on Intrinsic → Judges inquiring on Judge 3) Against Principle of Separation of Powers. 4) Opaque Procedure with Judicial discretion. Way Ahead: 1) Creation of National Judicial Commission NJC to inquire into complaint against Judge. (ex: NJC Bill 2023) 2) giving Statutory Status to Bangalore Principles of Judicial Conduct 2002. 3) Public disclosure of 'in-house procedure' findings. As said S.Naimman Amukered, 'Judicial Accountability is the hallmark of a well functioning democracy'.

— MADHVENDRA PRATAP SINGH · AIR 153

226 words1 paragraphs

Conclusion

As said S.Naimman Amukered, 'Judicial Accountability is the hallmark of a well functioning democracy'.

14 words

Diagram

Mechanism flowchart showing: Complaint of misconduct against Judge → CTI Forum → submit → 2-member/multi-member Drafting Committee to inquire → submit to CTI

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MADHVENDRA PRATAP SINGH

AIR 1532025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

In-house Procedure for Judicial Accountability

Writing Stats

252

Total words

Paragraphs

analytical

Tone

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