ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Judicial Accountability

Standards, Transparency, Complaints & The Mechanics of Removal

PART I — ETHICS & TRANSPARENCY

THE 1999 CHARTER

Restatement of Values

  • Judicial independence requires judicial accountability. In 1999, the Supreme Court adopted the **Restatement of Values of Judicial Life**.
  • **Key Tenets:** A judge should be aloof from political/controversial debates, not give interviews to media on pending cases, and not hear matters involving family members.
  • *Constraint:* This is a moral code and lacks statutory backing, meaning it relies heavily on self-regulation.
THE 2019 JUDGMENT

Judiciary under RTI

  • For years, the Judiciary resisted coming under the Right to Information (RTI) Act to protect judicial independence.
  • **Landmark Shift (2019):** A Constitution Bench ruled that the **office of the Chief Justice of India is a "Public Authority"** under the RTI Act.
  • Transparency and Independence are "two sides of the same coin." Information like judges' assets is disclosable, but the RTI must not be used as a tool of surveillance.

PART II — DISCIPLINE & SANCTION

INTERNAL OVERSIGHT

In-House Complaints Mechanism

  • How do you complain against a sitting judge? The Judiciary developed an **In-House Procedure (1999)**.
  • Complaints against High Court judges go to the Chief Justice of that HC. Complaints against HC Chief Justices or SC judges go to the **CJI**.
  • If the CJI finds the complaint serious, a peer committee of judges investigates. If guilty, the judge may be asked to resign; if they refuse, the CJI can withdraw judicial work and advise Parliament to initiate removal.
ARTICLE 124(4)

The Removal Process

  • Regulated by the **Judges (Inquiry) Act, 1968**. Removal requires a motion signed by 100 Lok Sabha or 50 Rajya Sabha members.
  • If admitted by the Speaker/Chairman, a 3-member inquiry committee is formed (SC Judge, HC Chief Justice, Eminent Jurist).
  • If the committee finds the judge guilty of **proved misbehaviour or incapacity**, Parliament must pass the motion by a **Special Majority** in both houses.
  • *Result:* It is an exceedingly difficult process by design; no SC judge has ever been removed via this route.