Question Q.15Critically examineGS2GS2
Critically examine the 'in-house procedure' adopted by the Apex Court to inquire into allegations of misconduct against judges of constitutional courts in India.
Main Body
The recent initiation of 'in-house inquiry' against a sitting HC judge forumcounted g cash in his name has sparked debate.
In-house inquiring mechanism :-
1Y against a sitting HC judge - CJI + Chief Justice of HC and other such SC judges to inquire.
2Y against SC judge = CJI + Chief Justice by arrest 2 ACs.
3Y against HC - Chief Justice + Chief Justice of 2 HCs.
Appeal to parliament to initiate
Drawings with the system :-
1No principle of natural justice - Judge inquiring judges.
2Lack of transparency = sealed room proceedings
3Discretionary powers to judge
4Against presumptions for equality
5Alleged conflict of interest
6Slew nature of inquiry
7Duale of expletive of investigation under Apex court of agencies, not judges
8Rise of bias for colleague
9No clear guideline of procedure - assum atty
10case against Parliamentary power to initiate removal proceedings (Article 124)
11Black-box nature = non-transparency
Yet it is important since :-
1Bar on Parliament to discuss
conduct of judges - constitutional provision] Article (12.2.
2Upholding dignity of office
3Taint on judiciary for independent finding
4Uphold Article 50 = separation of Senate and Judiciary
5Prevent weaponization of misconduct
6Prevent ease amongst judges
How to reform procedure :-
Independent inquiry along with independent members
Predacious disclosure of findings
Supportioning inquiry through State Agencies
Bringing precise under RTE (Criminal Appeal case CJI (Criminal Caul under RTE)
This would help in upholding public conviction, i.e. Judiciary.
261 words12 paragraphs
Conclusion
This would help in upholding public conviction, i.e. Judiciary.
9 words
Topper
BHOOMIKA JAIN
AIR 3312025
Subject & Paper
GS2GS2
Topic
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
In-house Procedure for Judicial Misconduct
Writing Stats
270
Total words
12
Paragraphs