HC JUDGES

The CJI formed a three-judge panel to probe allegations of cash found at Justice Yashwant Varma’s residence. If evidence is found, resignation or removal may follow. High Courts, under Article 214, have original, appellate, and administrative jurisdiction. Judges are appointed by the President and removed for proven misbehavior under Articles 124 and 218.

Last Updated on 25th March, 2025
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Context:

Chief Justice of India constituted a three-member committee of senior judges to conduct an inquiry into the allegations that a “huge” amount of cash was found at the official residence of senior Delhi High Court Judge, Justice Yashwant Varma.

News in Detail

The committee comprises three senior judges: Chief Justice Sheel Nagu of the Punjab and Haryana High Court, Chief Justice G.S. Sandhawalia of the Himachal Pradesh High Court, and Justice Anu Sivaraman of the Karnataka High Court.

These judges will conduct an in-depth probe into the allegations, and submit their findings to the Chief Justice of India.

If the committee finds concrete evidence against Justice Varma, then the CJI will advise him to resign or seek voluntary retirement. If Justice Varma refuses, then the matter will pass to the President and Prime Minister, who may initiate removal proceedings.

In-house procedure work

It is a confidential mechanism to uphold institutional credibility while addressing misconduct allegations against judges. In this case, the CJI has emphasized that the inquiry will be strict but fair.

Judicial office, as the Supreme Court has stated, is a public trust. Therefore, judges must demonstrate high integrity, honesty, and ethical firmness.

About High Court

The High Courts are established under Article 214 of the Constitution, and there are 25 High Courts in India.

It serves as the highest judicial authority at the state or union territory level.

Jurisdictions exercised by the High Courts

  • Original Jurisdiction : Hear cases directly filed in the High Court, such as those involving fundamental rights or disputes between states.
  • Appellate Jurisdiction : Review appeals against decisions made by subordinate courts, including civil, criminal, and revenue cases.
  • Administrative Jurisdiction : Supervise the functioning of lower courts and tribunals within their jurisdiction.

Eligibility

To be eligible for appointment as a High Court Judge, a person must be a citizen of India and have held a judicial office in the territory of India for at least 10 years, or have been an advocate of a High Court (or two or more such courts in succession) for at least 10 years.

Appointments

The President of India appoints High Court judges after consulting with the Chief Justice of India and the Governor of the respective state.

Removal

A judge can be removed from office only for "proven misbehaviour or incapacity."

Articles 124 and 218 of the Constitution outline the procedure for removing the Supreme Court and High Courts  judges.

The term "impeachment" is not mentioned in the Constitution, however, the procedure functions as an impeachment process.

The Judges Inquiry Act of 1968 establishes the detailed procedure for removing a judge.

 

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Source:

THEHINDU

PRACTICE QUESTION

 Q. Consider the following statements about the Chief Justice of India:

  1. The CJI can be removed from office only through a process of impeachment by Parliament.
  2. The salary and allowances of the CJI are charged upon the Consolidated Fund of India and are thus non-votable by Parliament.
  3. The CJI nominates the senior-most judge of the Supreme Court to act as President of India in the event of vacancies in both the offices of the President and the Vice-President.

Which of the statements given above is/are correct?

A) 1 and 2 only

B) 2 and 3 only

C) 1 and 3 only

D) 1, 2, and 3

Answer: A

Explanation:

Statement 1 is correct: The Chief Justice of India, like other judges of the Supreme Court, can only be removed from office through a process of impeachment by Parliament as outlined in Article 124(4) of the Constitution.

Statement 2 is correct: The salary and allowances of the Chief Justice of India are charged upon the Consolidated Fund of India. This means they are automatically paid and do not require a vote in Parliament, ensuring the financial independence of the judiciary.

Statement 3 is incorrect: The Presidential Succession Act, 1969 specifies that in such a scenario, the Chief Justice of India (or if that office is also vacant, the senior-most judge of the Supreme Court available) shall discharge the functions of the President. The succession is based on the seniority of the judges, not a nomination by the CJI.

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