24-July-2025 Daily Answer Writing

Q1) Examine the constitutional and statutory procedures involved in the removal of a High Court judge in India, in light of the recent case concerning Justice Yashwant Varma. Highlight the role of Parliament and the safeguards put in place to ensure judicial accountability while protecting judicial independence.
(GS Paper 2, 15 Marks, 250 Words)

Answer:

Introduction

The removal of a judge from a High Court in India is a rare and serious event, governed by the Constitution and the Judges (Inquiry) Act, 1968. The recent initiation of proceedings against Justice Yashwant Varma brings focus to the procedural and ethical safeguards of the Indian judiciary.

Constitutional and Statutory Procedure

• Initiation: The process starts when a motion for removal, citing proven misbehaviour or incapacity, is signed by at least 100 Lok Sabha or 50 Rajya Sabha members and submitted to the Speaker or Chairman.
• Admittance and Committee Formation: On admitting the motion, a three-member inquiry committee is formed comprising a Supreme Court judge, a High Court Chief Justice, and an eminent jurist.
• Investigation: The committee investigates the allegations, giving the judge an opportunity for defense, and submits a report to the House.
• Parliamentary Vote: If the committee finds the judge guilty, each House must pass the removal motion with a special majority (majority of total membership and two-thirds of members present and voting).
• Presidential Order: Once both Houses pass the motion, the President orders the judge’s removal.

Role of Parliament and Safeguards

• Bipartisan Support: The need for substantial signatures and a special majority ensures broad consensus and reduces political misuse.
• Legal Protection: The inquiry committee structure and opportunities for written defense maintain fairness and transparency.
• Judicial Independence: The process is designed to avoid executive overreach and preserve the independence of the judiciary.

Conclusion

The removal process balances judicial accountability with robust constitutional and procedural safeguards. The Justice Varma case underscores both the seriousness of such actions and the importance of maintaining the sanctity of judicial office in India.