Judicial Integrity — A Case The Court Cannot Ignore, Pg6

Key Highlights:

• Supreme Court Justice Sandeep Mehta wrote three letters to the Chief Justice of India (CJI) alleging misconduct by Justice Sanjeev Prakash Sharma, the Acting Chief Justice of the Rajasthan High Court.
• Allegations against Justice Sharma include victimisation of judges, maladministration, improper case shifting, and nepotism in appointments to the Permanent Lok Adalat.
• Justice Sharma was previously transferred to the Patna High Court in 2022, and his repatriation request to Rajasthan High Court was rejected by the Collegium in 2023.
• Lawyers at the Rajasthan High Court staged a sit-in protest, leading Justice Sharma to opt out of hearing cases.
• The Supreme Court Collegium recommended Justice Sanjay Agrawal as the new Chief Justice of the Rajasthan High Court, who has since been appointed.

Detailed Insights:

• The letters from Justice Mehta, dated August 2, 10, and 17, highlighted specific instances of alleged favouritism and misuse of power by Justice Sharma.
• The article notes the institutional concern of a High Court functioning under an Acting Chief Justice for an extended period, in this case, about 11 months.
• The CJI reportedly stated that allegations could not be treated as findings and must be dealt with through established institutional mechanisms.
• Transparency International reports have indicated a growing trust deficit in the Indian judiciary, identifying it as a significantly corrupt institution in some surveys.
• The article points to structural issues in judicial appointments, citing the lack of clear criteria and the opaque nature of the Collegium system.
• The Judges (Inquiry) Act, 1968, is deemed inadequate for addressing corruption in the higher judiciary, and the impeachment process has proven ineffective.
• Past instances, such as the cases of Justice V. Ramaswami and Justice Yashwant Varma, illustrate different responses by former CJIs to allegations against judges.

Key Concepts Involved:

• Collegium System: A system where judges appoint judges, specifically for the appointment and transfer of judges in the higher judiciary.
• Master of the Roster: The power of the Chief Justice to constitute Benches and allocate cases to them.
• Judges (Inquiry) Act, 1968: The law that provides for the procedure for the investigation and presentation of an address for the removal of a judge.
• Impeachment of Judges: A constitutional process under Articles 124(4) and 217(1)(b) for the removal of a judge of the Supreme Court or High Court.