How are complaints of misconduct against judges handled? How will the CM complaint be handled?
The story so far: Andhra Pradesh Chief Minister YS Jagan Mohan Reddy has caused quite a stir by writing to the Chief Justice of India complaining to Supreme Court Justice Justice NV Ramana for allegedly influencing the publication of cases in the Court Superior of the State and alleging that some judges of the Superior Court are hostile to his government and deliberately annul the decisions and orders of his regime. In fact, he has accused many judges of misconduct, corruption and political prejudice. Such an open conflict between the judiciary and a Chief Minister is unprecedented. Questions arise about what can be done about this serious complaint.
How are complaints of misconduct against judges handled?
The Constitution protects the independence of the judges of the Superior Courts and the Supreme Court by making them removable only through a lengthy impeachment process. However, not all forms of misconduct will warrant impeachment. There could also be other types of irregularities. There are occasions when serious complaints of this type are received and the Chief Justice of India (CJI) is asked to examine them. Since 1997, judges have adopted an “internal procedure” to investigate such charges.
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When was the procedure adopted?
After Judge JS Verma took over as Chief Justice of the Supreme Court of India (CJI) in 1997, he circulated a document entitled “Reaffirmation of the Values of Judicial Life” to the judges. It is a set of principles that contain the essential elements of the ideal behavior of judges. The Plenary approved a resolution that would adopt an ‘internal procedure’ for the action against judges for acts of commission or omission that violate these values. A committee of five judges was formed to develop a procedure. His report was adopted on December 15, 1999. It was made public in 2014.
How does the internal procedure work?
When a complaint is received against a Superior Court judge, the CJI must decide if it is considered frivolous or if it is “directly related to the merits of a substantive decision in a judicial matter”, or if it does not involve any serious fault or irregularity. . If it is serious, the CJI must obtain the judge’s response. You can close the matter if you are satisfied with the answer. If a further investigation is deemed necessary, both the complaint and the judge’s response, along with the comments of the Chief Justice, are recorded for further action. The same procedure is valid if the CJI receives a complaint directly. After considering the president of the Superior Court, the judge involved and the complaint, the CJI, if it deems it necessary, forms a committee of three members. The committee should have two chief judges from other superior courts and one superior court judge. The investigation it conducts is in the nature of an investigative mission and is not a formal judicial investigation that involves cross-examination of witnesses. The judge in question has the right to appear before him.
If the case is against the Chief Justice, the same procedure is followed, but the inquiry committee is made up of a Supreme Court judge and two chief justices.
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If a Supreme Court judge faces such a charge, the internal panel will be composed of three Supreme Court justices. The domestic procedure does not provide any separate provision for dealing with complaints against the Chief Justice of India. But in practice, a panel of three other Supreme Court justices is formed.
What happens after the catheter is done?
If the committee finds foundation in the charges, it can make two types of recommendations. One, that the misconduct is serious enough to require removal from office, or that it is not serious enough to warrant removal.
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In the first case, the judge in question will be urged to resign or request voluntary retirement. If the judge is unwilling to resign, the president of the corresponding Supreme Court will be asked to withdraw the judicial work. The president and prime minister will be informed of the situation. This is expected to clear the way for Parliament to begin the impeachment process. If the misconduct does not justify expulsion, the judge will be notified accordingly.
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How will the CM complaint be handled?
The complaint of the Chief Minister of Andhra Pradesh should be examined by the CJI from the perspective of whether it can be rejected as unfounded or if it requires further investigation.
Read also | Advocates criticize Jagan Mohan Reddy’s letter to CJI
In the details attached to his letter, Mr. Reddy has cited several writ petitions in which adverse orders were passed against his regime. He also accuses the judges concerned of political prejudice not only against himself, but also in favor of his rival, N. Chandrababu Naidu, the former Chief Minister. So a key question would be: do the charges relate solely to the merits of the court orders or are they serious enough to warrant an investigation?
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