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
'In house procedure' refers to the procedure followed up Apex Court, involving judicial scrutiny against misconduct of Judge.
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Main Body
(B) Reasonaable restriction - Article 19(2) is one of them is Public Morality
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
Merits of in House Procedure:
(I) Independence and Autonomy of Judiciary is involvement of Judicial members
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
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
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
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DEV DUDEJA
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
In-House Procedure for Judicial Accountability
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