Context

• Chief Justice of India (CJI) Sanjiv Khanna has forwarded to the President and the Prime Minister the report of an in-house committee that investigated allegations against the Delhi High Court judge.

In-House Procedure for Investigation

• To address judicial misconduct outside the formal impeachment process, the Supreme Court in 1999 adopted an “in-house procedure” for conducting investigations;
  • Filing Complaints: Complaints can be made to the CJI, High Court Chief Justice, or the President.
  • Preliminary Inquiry: The Chief Justice of the High Court seeks a response from the accused judge and forwards the findings to the CJI.
  • Fact-Finding Committee: If serious allegations arise, the CJI appoints a committee comprising two Chief Justices of other High Courts and one High Court judge to investigate.
  • Recommendations and Action: If the committee finds sufficient grounds for removal, the CJI may advise the judge to resign. If the judge refuses, the report is forwarded to the President and the Prime Minister for further action, paving the way for impeachment.

Judicial Precedents

• K Veeraswami v. Union of India (1991): No criminal case can be registered against a judge of a high court or the Supreme Court without the prior permission of the Chief Justice of India.
• The Additional District and Sessions Judge versus Registrar General, High Court Of Madhya Pradesh judgment, 2014: If a judge refuses to resign despite adverse findings by an in-house panel, the report must be forwarded to constitutional authorities for further action.

Mechanism for Removal of Judges

• The Constitution of India provides for the removal of judges of the Supreme Court and High Courts under Article 124(4) and Article 217 on grounds of “proved misbehavior or incapacity.” 
• The process involves;
  • Initiation of Impeachment: A motion for removal must be introduced in either House of Parliament, supported by a special majority (?rd of the total membership and ?rd of members present and voting).
  • Presidential Approval: After the motion is passed, the President of India issues an order for the removal of the judge.

Concluding remarks

• The existing in-house procedure and constitutional safeguards are designed to ensure that such matters are examined fairly, without undermining judicial independence. 
• As the process moves forward, it reflects the strength of India’s legal framework in addressing concerns while maintaining institutional dignity.

Source: TH