Upholding Judicial Integrity: The Mechanism of Parliamentary Inquiry into Judicial Misconduct

The recent tabling of an inquiry committee report in both Houses of Parliament concerning allegations against a former Delhi High Court judge, Justice Yashwant Varma, serves as a critical reminder of the constitutional mechanisms designed to ensure judicial accountability. The probe, conducted under the provisions of the Judges (Inquiry) Act, 1968, investigated serious allegations involving the discovery of unaccounted cash at the judge's official residence. This event brings to the fore the delicate balance between judicial independence and the necessity of institutional oversight. In the Indian constitutional scheme, the independence of the judiciary is a basic feature, yet it is not absolute. The Constitution provides for the removal of judges of the Supreme Court and High Courts through a process of impeachment, which requires a motion to be passed by a special majority in both Houses of Parliament on grounds of 'proved misbehaviour or incapacity.' The Judges (Inquiry) Act, 1968, operationalizes this by providing the procedural framework for investigating such allegations. The process involves the constitution of a committee comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist, ensuring that the inquiry is both impartial and expert-led.