How are in-house inquiries conducted?
• Justice Yashwant Varma of the Delhi High Court was found with large piles of cash during a fire-control operation.
• The Chief Justice of Delhi High Court conducted a preliminary inquiry and requested a deeper probe into the matter.
• Justice Varma denied any cash was placed in his residence during the operation.
• A three-member committee was constituted to investigate the allegations.
• Justice Varma was transferred to his parent Allahabad High Court by the collegium.
• The in-house procedure of the Supreme Court was developed to probe complaints of alleged misconduct against judges of the higher judiciary.
• The CJI decides whether a complaint is frivolous or warrants an inquiry. If necessary, a three-member committee is formed.
• The committee can recommend whether the misconduct is serious enough to warrant removal or not. If not, the judge is informed.
• The National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court in 2015 as unconstitutional for violating the basic structure of the independence of the judiciary.
• Reforms include changing the confidentiality of in-house inquiries, addressing the lack of criminal punishment for judges found guilty of misconduct, and setting up an autonomous statutory office for judicial misconduct.
• A broad-based NJAC headed by the CJI with representatives from various stakeholders could make the selection process more transparent and inclusive without compromising the independence of the judiciary.