📅 May 9, 2025, Post 7: Judging the Judges: CJI Forwards Probe Report in Judicial Misconduct Case | Mains Essay / Target IAS-26 MCQs Attached: A complete Package, Dear Aspirants!
Judging the Judges: CJI Forwards Probe Report in Judicial Misconduct Case
NEWS DROP — PETAL 007
🗓️ Date: May 9, 2025
⚖️ Thematic Focus: GS2 – Polity | Judiciary | Constitutional Mechanisms
🌿 Intro Whisper:
When justice must judge itself, the path must be precise, principled—and protected from politics.
🔍 Key Highlights:
- What’s in News:
Chief Justice of India Sanjiv Khanna has forwarded the report of an in-house committee probing allegations against a Delhi High Court judge to the President and the Prime Minister—a key step in India’s mechanism for judicial accountability.
⚖️ In-House Procedure for Judicial Misconduct (1999)
- Purpose:
To address complaints without formal impeachment, protecting both integrity and independence of the judiciary. - Step-by-Step Process:
1. Complaint Filed → to CJI, High Court CJ, or President
2. Preliminary Inquiry → Response sought, findings sent to CJI
3. Committee Formed → 2 CJs of other HCs + 1 HC judge
4. Recommendation:
➤ If guilt is found, CJI may advise resignation
➤ If refused, report is sent to President and PM
➤ Impeachment process may follow
📜 Judicial Precedents
- K Veeraswami v. Union of India (1991):
➤ No criminal case can be registered against a judge without CJI’s prior permission. - ADJ vs. Registrar General, MP High Court (2014):
➤ If a judge refuses to resign despite an adverse in-house finding, the report must be forwarded to constitutional authorities.
🧾 Constitutional Mechanism for Removal of Judges
- Articles Involved:
➤ Article 124(4) – Supreme Court judges
➤ Article 217 – High Court judges
➤ Grounds: Proved misbehavior or incapacity - Impeachment Process:
➤ Motion initiated in either House of Parliament
➤ Requires ⅓rd of total membership + ⅓rd of members present and voting
➤ Passed motion sent to the President, who signs the removal order
🛡️ Balancing Accountability and Judicial Independence
- The in-house system ensures that:
➤ Complaints are not politically exploited
➤ Judges are held to ethical and legal standards
➤ Judiciary remains internally vigilant and institutionally dignified - CJI’s forwarding of the report signals:
➤ Seriousness of the allegations
➤ Commitment to due process
➤ Faith in constitutional checks and balances
📘 GS Paper Mapping:
- GS Paper 2: Indian Constitution | Structure and Functioning of Judiciary | Removal Mechanism
- Essay: “Judicial Self-Correction: Between Sovereignty and Scrutiny”
🌠 Closing Thought:
The majesty of justice rests not in robes or gavels, but in the courage to confront its own faults, with fairness, and without fear.
Target IAS-26: Daily MCQs :
📌 Prelims Practice MCQs
Topic:
MCQ 1: Type-1 — “How many of the above statements are correct?”
Consider the following statements regarding the in-house mechanism and constitutional provisions for judicial accountability in India:
1. The in-house procedure was adopted by the Supreme Court in 1999 to deal with judicial misconduct outside formal impeachment.
2. A committee under this procedure must include at least two judges from the same High Court as the accused.
3. If a judge refuses to resign after adverse findings, the report can be forwarded to the President and Prime Minister.
4. The Constitution provides for judge removal under Article 124(4) and Article 217 on grounds of proved misbehavior or incapacity.
How many of the above statements are correct?
A) Only two
B) Only three
C) All four
D) Only one
🌀 Didn’t get it? Click here (▸) for the Correct Answer & Explanation
✅ Correct Answer: B) Only three
🧠 Explanation:
1) Correct – The in-house procedure was indeed adopted in 1999 for internal inquiry.
2) Incorrect – The committee must include two Chief Justices from other High Courts and one High Court judge.
3) Correct – Upon refusal to resign, the report can be forwarded to constitutional authorities.
4) Correct – Article 124(4) applies to SC judges and Article 217 to HC judges for removal.
MCQ 2: Type-2 — Two-Statement Assertion
Consider the following statements:
1. Judicial removal in India can begin only with the President’s approval before any House of Parliament can take it up.
2. The Chief Justice of India can advise a judge to resign based on the findings of an in-house inquiry panel.
A) Only 1 is correct
B) Only 2 is correct
C) Both are correct
D) Neither is correct
🌀 Didn’t get it? Click here (▸) for the Correct Answer & Explanation
✅ Correct Answer: B) Only 2 is correct
🧠 Explanation:
1) Incorrect – The process begins with a motion in Parliament, not with the President.
2) Correct – Based on adverse in-house findings, the CJI may advise the judge to step down.
MCQ 3: Type-3 — “Which of the above statements is/are correct?”
Consider the following statements regarding the constitutional and legal framework for judge removal:
1. The motion for removal of a judge must be passed by a special majority in both Houses of Parliament.
2. The report of an in-house committee, once adverse, leads to automatic impeachment.
3. Judges of the Supreme Court are removed under Article 124(4).
4. The Veeraswami judgment requires prior approval of the CJI before registering a criminal case against a sitting judge.
Which of the above statements is/are correct?
A) 1, 3 and 4 only
B) 1, 2 and 3 only
C) 2, 3 and 4 only
D) All four
🌀 Didn’t get it? Click here (▸) for the Correct Answer & Explanation
✅ Correct Answer: A) 1, 3 and 4 only
🧠 Explanation:
1) Correct – Both Houses must pass the motion by a special majority.
2) Incorrect – An adverse report leads to possible impeachment, not automatic removal.
3) Correct – SC judge removal is covered under Article 124(4).
4) Correct – As per Veeraswami v. Union of India, CJI’s consent is required for criminal cases against judges.
MCQ 4: Type-4 — Direct Factual Question
Which of the following Articles of the Indian Constitution lays down the removal procedure for High Court judges?
A) Article 121
B) Article 124(4)
C) Article 217
D) Article 50
🌀 Didn’t get it? Click here (▸) for the Correct Answer & Explanation.
✅ Correct Answer: C) Article 217
🧠 Explanation:
C) Article 217 outlines the procedure for appointment and removal of High Court judges.
