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
24 words
Main Body
Strengths of 'in-house procedure': 1) Ensures judicial transparency and accountability 2) It can provide a torchbearer for taking action against corrupt judges 3) Promote a spirit of enquiry into injustices through the
initiative on part of Supreme Court 4) It can help Parliament in its impeachment for removal of judges 5) It provides confidence to the public in the judiciary of the country 6) It ensures that judiciary is not only independent but also responsible Limitation of 'in-house procedure': 1) According to constitution, judges can be removed from Supreme Court or High Court only by the President of India 2) The judges inquiring Act, 1986
provide for mechanism of removal: Parliament adopts resolution ↙ Rajya Sabha (50 members) ↘ L.S. (100 members) ↓ Constitute committee consisting of judges ↓ Finding the ? → Parliament votes → Special majority → Passed → President remove judge ↓ F No impeachment (3) Thus 'in-house procedure' can be just an institution, but no significant result. The Supreme Court through its procedure sets high watermark of judicial effectiveness
— UJJWAL PRIYANK · AIR 10
Diagram
Flowchart showing the impeachment procedure starting with Parliament adopting resolution, branching to Rajya Sabha (100 members) and L.S., then constituting committee of judges, with decision point for finding, leading to either Parliament vote with special majority and presidential removal, or no impeachment
UJJWAL PRIYANK
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Judicial Independence and Accountability
196
Total words
1
Paragraphs
analytical
Tone