Serving justices, but not justice, Pg7

Key Highlights

• Justice Yashwant Varma is facing impeachment after sacks of cash were found at his residence following a fire.
• Supreme Court released some visuals and partial correspondence but withheld crucial reports.
• The case exposes flaws in the judiciary’s opaque ‘in-house procedure’ for dealing with judicial misconduct.
• Past cases (Justice Gogoi, Justice Ramana) show a trend of non-disclosure and lack of due process.
• Public accountability and transparency are undermined in the name of protecting judicial independence.
• The author argues for reform of the in-house mechanism, asserting that citizens have a right to know.

Detailed Insights 

1. The Justice Varma Case

• March 2025: Sacks of cash found during a fire at Justice Varma’s residence.
• He was stripped of work, transferred, and now faces impeachment.
• However, crucial documents like police reports and the final judicial committee report remain secret.

2. In-House Procedure: A Flawed Framework

• Only sitting judges conduct inquiries into judicial misconduct.
• No legal mandate to make complaints, proceedings, or findings public.
• Standards for determining misconduct or recommending removal are unclear.
• No appeal mechanism exists for these findings.

3. Ethical and Legal Concerns

• Lack of transparency contradicts Supreme Court’s own rulings on the citizen’s Right to information.
• Withholding such information damages public trust, breeds perceptions of partiality, and institutional hypocrisy.
• A truly independent judiciary must also be accountable and internally self-correcting.

Key Concepts Involved

• In-House Procedure (1999): Supreme Court’s internal mechanism for judicial misconduct inquiry.
• Impeachment of Judges: Governed by Article 124(4) and Judges Inquiry Act, 1968. Requires parliamentary motion. 
• Natural Justice: The complainant must be heard and given fair representation.
• Institutional Integrity: Ethical principle where institutions must self-regulate to maintain credibility.

Mains Practice Questions

Discuss the challenges posed by the ‘in-house procedure’ in ensuring judicial accountability in India.