In focus, '91 ruling that balanced judicial accountability, freedom

The Supreme Court's decision to consider initiating an in-house inquiry against Delhi high court judge Yashwant Varma in connection with the cash recovery from his official residence has brought renewed attention to a landmark ruling that defines judicial accountability — K Veeraswami Vs Union of India (1991).

- Utkarsh Anand

NEW DELHI:

The five-judge Constitution bench in K Veeraswami ruled that judges of the Supreme Court and high courts fall under the definition of "public servant" under the Prevention of Corruption Act, 1988. However, the judgment laid down a crucial safeguard to ensure judicial independence — no investigation against a judge can proceed without the prior sanction of the Chief Justice of India (CJI).