GS 2: PolityEthics

How is an in-house inquiry conducted?, Pg 8

Practice MCQs

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Trigger for Inquiry

  • Justice Yashwant Varma is under inquiry after burnt currency was found at his residence.

  • CJI constituted a 3-member panel following preliminary probe.

What is In-house Inquiry?

  • Procedure by Supreme Court (since 1999) to probe allegations against higher judiciary.

  • Three judges (2 HC CJ + 1 SC judge) assess misconduct and recommend action to CJI and President.

Judicial Misconduct & Public Trust

  • Such inquiries are confidential; no SC judge has faced criminal action despite adverse findings.

  • Need for an independent Judicial Conduct Commission, as in the UK.

Collegium System’s Role

  • Lack of accountability in appointments partly blamed for repeated judicial misconduct issues.

  • Debate to revive NJAC gains momentum for transparency.

Analysis & Way Forward

  • Institutional credibility demands greater openness in judicial inquiries.

  • Create a permanent independent commission, balance judicial independence with public accountability.

Mains Mock Question:

"Should the in-house inquiry mechanism in India be replaced by an independent statutory body for judicial accountability? Examine with reference to recent controversies."

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