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Context:

India's judicial accountability is compromised by procedural delays, immunity, and loopholes allowing judges to resign before facing impeachment.

What is the current process for holding judges accountable?

The accountability of judges in India, especially those in the higher judiciary, is governed by the Judges (Inquiry) Act, 1968, and Articles 124(4), 124(5), 217, and 218 of the Indian Constitution.

A judge can only be removed based on "proved misbehaviour or incapacity" as determined by a three-member committee consisting of a Supreme Court judge, a Chief Justice of a High Court, and an eminent jurist.

Impeachment of a judge requires a motion in either the Lok Sabha or Rajya Sabha, which must be approved by the respective presiding officer. A two-thirds majority of members present and voting in both Houses of Parliament is required for the removal of a judge.

Why is the judicial accountability mechanism difficult to implement effectively?

The process is complicated by several factors:

• The requirement for a successful impeachment motion in Parliament before the review process begins.
• The need for a two-thirds majority in Parliament to remove a judge, which often results in political interference.
• Instances where judges resign before impeachment or investigations can proceed, effectively ending the process of accountability. This was seen in the cases of Justice Soumitra Sen and Justice P.D. Dinakaran.

Justice V. Ramaswamy Case

Justice V. Ramaswamy was found guilty of financial impropriety, including luxurious spending on his official residence. A three-member committee determined his guilt, but the impeachment motion failed in 1993 due to abstentions by the ruling Party in the Lok Sabha.Even though the Chief Justice of India decided not to assign him to work, he continued to hold office until his retirement, with full benefits, highlighting the limitations of the impeachment process and the lack of effective accountability.

Justice Soumitra Sen Case

Justice Soumitra Sen was convicted of misappropriating ₹33.23 lakh and falsifying facts in a case. While the Rajya Sabha voted for his removal, he resigned before the motion could be presented to the Lok Sabha.

His resignation halted the impeachment proceedings, highlighting the difficulty of holding judges accountable after they step down.

What reforms are needed to strengthen judicial accountability?

Investigations should continue even after a judge resigns, as resignations currently prevent accountability processes from proceeding.

There should be independent oversight to investigate allegations without requiring parliamentary approval at the initial stages.

Amendments to the Judges (Inquiry) Act are needed to address procedural delays and minimize political interference in impeachment motions.

India needs a more concentrated and transparent framework for judicial accountability, which involves ending judges' ability to resign and avoid investigation, accelerating the impeachment process, and limiting political interference. 

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Source: 

The Hindu