Judicial Accountability in India – The Justice Varma Case

Judicial Accountability Latest News

• The resignation of Justice Yashwant Varma during an ongoing inquiry has raised questions about judicial accountability and the fate of such investigations.

Removal of Judges in India: Constitutional Framework

• The removal of judges in India is governed by Article 124(4) and Article 217 of the Constitution. 
• These provisions ensure judicial independence while also providing a mechanism for accountability.
• A judge of the Supreme Court or High Court can be removed only on grounds of proved misbehaviour or incapacity. The process is deliberately rigorous to prevent arbitrary removal.
• The procedure begins with a motion in Parliament. 
  • If admitted, a three-member inquiry committee is constituted under the Judges (Inquiry) Act, 1968. This committee investigates the charges and submits a report.
  • If the committee finds the charges proved, both Houses of Parliament must pass a removal motion with a special majority. The final removal is done by the President.
• This process separates the investigative stage from the political decision-making stage, ensuring due process and institutional balance.

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Judges Inquiry Committee: Structure and Functioning

• The inquiry committee plays a central role in establishing facts. It typically consists of a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist.
• The committee conducts hearings, examines witnesses, and reviews evidence. Proceedings are often held in-camera to maintain confidentiality.
• Importantly, the committee operates under a statutory framework and is expected to follow principles of natural justice. It ensures that the judge concerned gets an opportunity to defend themselves.
• The outcome of the inquiry determines whether Parliament proceeds with impeachment.

Issue of Resignation During Inquiry

• A key legal issue arises when a judge resigns during the inquiry process. The Constitution and the Judges (Inquiry) Act do not clearly specify whether the inquiry should continue in such cases.
• Past instances show inconsistency. In some cases, inquiries were discontinued after resignation, while in others, committees continued their work and submitted findings.
• Legal experts argue that the investigative stage is independent and serves a public purpose. 
• It helps establish truth and accountability, even if removal becomes redundant after resignation. 
• If inquiries are automatically terminated upon resignation, it may allow judges to avoid adverse findings by stepping down at a strategic stage. This raises concerns about institutional credibility.

News Summary: Justice Yashwant Varma Case

• The case against Justice Yashwant Varma originated from allegations of unaccounted cash discovered at his official residence following a fire incident. 
• A parliamentary inquiry committee was constituted under the Judges (Inquiry) Act, 1968. The panel conducted multiple in-camera hearings and examined several witnesses as part of the investigation. 
• During the proceedings, assisting counsel informed the committee that the evidence was sufficient to substantiate the charges. These included possession of unexplained cash, interference with material evidence, and furnishing misleading explanations. 
• The inquiry had reached an advanced stage and was about to enter the defence phase when the judge chose to withdraw from the proceedings. 

Resignation and Its Implications

• Justice Varma submitted his resignation during the inquiry and alleged procedural unfairness in the process. 
• Following the resignation, the committee concluded that the impeachment process could not continue, as it applies only to a sitting judge. The panel formally closed proceedings and submitted its report to the Lok Sabha. 
• The Union government rejected allegations of bias and defended the conduct of the inquiry. 
• However, the resignation does not completely end accountability. Since the judge is no longer in office, criminal proceedings may still be initiated under ordinary law, subject to approval. 
• The case has triggered a broader debate on whether resignation should terminate statutory inquiries, highlighting gaps in the current legal framework governing judicial accountability.

Source : TH | TOI | HT