DD

DEV DUDEJAAIR 152· 2025

Question Q.15Critically examine the 'in-house procedure' adopted by the Apex Court to inquire into allegations of misconduct against judges of constitutional courts in India.GS2GS2

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

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Introduction

'In house procedure' refers to the procedure followed up Apex Court, involving judicial scrutiny against misconduct of Judge.

18 words

Main Body

1R.J Uddin Case & Supreme Court Called for Hicklin Test for Obscene scenes and uw practice of Millennials

(B) Reasonaable restriction - Article 19(2) is one of them is Public Morality

3Due process of law to be followed while making the regulation test of proportionately is crucial
4Self-Regulation by social media platform (clause 79 cafe kebauan) if Act

Thus, Balancing Social morality and freedom of speech and expression is the way forward for maintaining a free and open society,

'In house procedure' refers to the procedure followed up Apex Court, involving judicial scrutiny against misconduct of Judge.

Procedure: (I) Either with SER male or with secondhand statement by Respondent, CJI initiates an enquiring

Procedure: (B) Justices of High Court and out member Judge of High Court are part of committee formed by CJI (2) The committee is not bound on judicial process must give opportunity to the concerned accused Judge for clarification

4the censures among Judges against misconduct must taken into account and sent to CJI
5CJI sends it to Parliament for constitutional process under procedu

Merits of in House Procedure:

(I) Independence and Autonomy of Judiciary is involvement of Judicial members

2Opportunity to give clarification on the accused Judge, However, official trial is not imposed
3Upholds separation of power (State of Rajasthan case)

Demerits of in House Procedure:

(I) lack of accountablility and transparent is a genuine matter of enquiry

(B) Potential role of partisanism and compromise is leading to violation of Principle of natural Justice

3lack of involvement of independent member

Against Global precedence (B) UK, new Enquire process for removal of Judge and enquire.

(I) Inclusion of non Judicial member

(B) Reports of enquiry to be publicly disclosed

3Balancing Judicial Autonomy with Judicial Accountability
4Following Bangalore Principle, 2002
5Enacting Judicial Standards and Accountability Bill, 2020.
309 words8 paragraphs

Conclusion

Thus, Balancing Social morality and freedom of speech and expression is the way forward for maintaining a free and open society. Thus, In house process need to be revamp to gain public Trust and meet standards of Judicial Accountability

39 words

Examiner score
0.5/10

Open original scan

Page 34

Topper

DEV DUDEJA

AIR 1522025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

In-House Procedure for Judicial Accountability

Writing Stats

366

Total words

8

Paragraphs

analytical

Tone