In-House Inquiry Process for Judges in India

March 25, 2025

Chief Justice of India (CJI) Sanjiv Khanna started a special three-member internal investigation on March 22 into the actions of Delhi High Court judge Justice Yashwant Varma. This happened after bundles of cash were reportedly found at his official residence, where a fire broke out on March 14. This internal investigation is different from the impeachment process mentioned in the Constitution.

How Can a Judge Be Removed in India?

The impeachment process for Supreme Court and High Court judges is given in Article 124(4) and Article 218 of the Indian Constitution.
A judge can only be removed on two grounds:
1. Proved misbehavior
2. Incapacity
Parliament can remove a judge by a special majority:

- Two-thirds of members present and voting in both Lok Sabha and Rajya Sabha must approve.
- The votes must also be more than 50% of the total membership of each House.

If the motion passes, the President orders the judge’s removal.
If Parliament is dissolved before the process is completed, the motion fails.

Creation of In-House Inquiry Process

Background

In 1995, allegations of financial misconduct were made against Bombay High Court Chief Justice A. M. Bhattacharjee.
The Bombay Bar Association demanded his resignation.
A Supreme Court case (C. Ravichandran Iyer v. Justice A.M. Bhattacharjee) highlighted the lack of a process to handle “bad conduct” that was not serious enough for impeachment under Article 124 of the Constitution.
To address this, the SC decided to create an in-house procedure for handling judicial misconduct.

How Was the In-House Procedure Created?

A five-member committee was formed in 1997, including Justices S.C. Agarwal, A.S. Anand, S.P. Bharucha (from SC), and P.S. Mishra, D.P. Mohapatra (senior HC Chief Justices).
The committee proposed a process to take action against judges violating judicial ethics.
The Supreme Court adopted the report in December 1999 with amendments.

The In-House Procedure

The in-house inquiry process allows complaints against judges to be examined internally. Complaints can be initiated by the Chief Justice of India (CJI) or a Chief Justice of a High Court. This mechanism ensures a more expedient response to allegations than the impeachment process.

Steps of the Inquiry Process

Receipt of Complaint: Complaints can be received from various sources, including the CJI or the President of India.
Preliminary Assessment: The CJI may seek a preliminary report from the concerned High Court Chief Justice.
Formation of Inquiry Committee: If warranted, a three-member committee is formed, consisting of Chief Justices from other High Courts.
Inquiry Procedure: The committee conducts the inquiry, ensuring adherence to natural justice principles
Reporting: The committee submits a report to the CJI, indicating whether allegations hold substance.
Recommendations: Based on findings, the committee may recommend removal proceedings or advise the judge to resign.
Follow-up Actions: If a judge refuses to resign, the CJI informs the President to initiate removal proceedings.

Importance of the Mechanism

The in-house inquiry process is crucial for maintaining the integrity of the judiciary. It provides a structured approach to address misconduct while protecting the rights of judges. This balance is essential for public confidence in the judicial system.

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