Balancing the scales

The process of disciplining judges must be fair, impartial and time-bound, guided by the principles of natural justice

- JUSTICE MADAN LOKUR

Two events in the recent past have once again thrown the judiciary virtually into the eye of a storm. The first one occurred a few weeks ago when a judge of the Allahabad High Court gave a speech which many felt was inappropriate because of the communal nature of its contents. The second incident happened a week ago when a large amount of cash was found in the outhouse of the residence of a judge of the Delhi High Court. The incidents have left many shaken and wondering whether we have a credible and independent judiciary.

What is it that the judiciary can do to ensure that similar incidents do not recur and, if they do, can any steps be taken to discipline an errant judge?

There is already a mechanism to discipline a judge through the impeachment process. This provides adequate opportunity to a judge to explain his or her point of view and demonstrate that the allegations made are incorrect, if not false. The first step in this regard is taken by the chief justice of the concerned high court, who informs the judge about the complaint and requests an explanation, usually oral. If the explanation is not satisfactory, the complaint is escalated to the level of the chief justice of India, who may then direct an in-house enquiry to be conducted by two chief justices of different high courts and a judge of a third high court. Subsequent steps are taken depending upon the report of the in-house enquiry.