India must reform its process for the removal of judges

We could set up a judicial service commission to appoint and oust judges with Parliamentary approval

- VIJAY L. KELKAR & PRADEEP S. MEHTA

In spite of various pronouncements, corruption appears to have risen exponentially across society, making lives more difficult. It has also seeped into our judiciary. However, punishing corrupt elements in the judiciary is difficult because of systemic problems in the prosecution of judges. This needs to be addressed by a new impartial process overseen by Parliament.

The recent matter involving Delhi high court's Justice Yashwant Varma has revived a national discussion on judicial accountability and the pressing need for systemic reforms. It has exposed flaws in the judiciary, where judges accused of corruption or misconduct often face little to no real punishment. That said, from the reports and evidence of burnt currency notes purportedly found in his outhouse, Justice Varma himself need not be guilty of a crime, but the media seems to have convicted him already.

Even Rajya Sabha Chairman Jagdeep Dhankar was incensed. He questioned the Supreme Court's right to have struck down the National Judicial Appointments Act and defied the supremacy of Parliament. Alas, the Act did not provide for any procedure to remove judges when faced with charges of any sort. In all Westminster-style democracies, Parliament is indeed the ultimate arbiter for the removal of judges who face such charges.

The constitutional provisions of India, particularly Articles 124(4) and 218, delineate the procedures for the removal of judges based on "proved misbehaviour or incapacity." The term used is 'removal' rather than 'impeachment' in reference to the process of dismissing a judge.