Justice Yashwant Varma’s resignation will result in the loss of both his judicial position and salary, as per the legal principle that a judge’s voluntary resignation leads to an immediate cessation of office and associated benefits.
New Delhi: A recent development concerning Delhi High Court judge Justice Yashwant Varma has raised significant legal and ethical concerns. On Wednesday , reports emerged that Rs 100 and Rs 1,000 currency notes were found near his residence. The Supreme Court, in a bid to uphold the integrity of the judiciary, has taken proactive steps by establishing an inquiry committee to investigate the matter. This situation brings forth several crucial questions:
- Can a judge’s salary be withheld or reduced?
- Can a judge be pressured into resigning voluntarily?
- What is the legal process for impeaching a judge?
Legal Precedents and Judicial Accountability
The Supreme Court, in the landmark K. Veeraswamy vs Union of India (1991) case, provided significant guidelines on investigating and taking action against judges accused of corruption. The Court ruled that high court judges qualify as ‘public servants’ under the Prevention of Corruption Act, 1947, making them subject to its provisions. However, to maintain judicial independence, the Supreme Court mandated that a criminal case against a judge cannot proceed without prior consultation with the Chief Justice of India (CJI) and formal approval from the President of India.
Current Investigation Against Justice Yashwant Varma
The Supreme Court has formed a three-judge committee, led by Chief Justice of India Sanjiv Khanna, to conduct a fact-finding inquiry into the allegations against Justice Varma. This step underscores the judiciary’s commitment to preserving its integrity while ensuring fairness in legal proceedings.
Appointment Process of High Court Judges
The appointment of High Court judges follows a meticulous process under Article 217 of the Indian Constitution. It involves multiple levels of scrutiny by the President of India, the Chief Justice of India, and the Governor of the respective state. This process is designed to ensure that only qualified and experienced legal professionals assume the esteemed position of a High Court judge.
Who Decides on High Court Judges?
Advocate Anil Kumar Singh explains that the Collegium System plays a critical role in judicial appointments. When a High Court vacancy arises, the Chief Justice of that High Court compiles a list of eligible candidates in consultation with senior judges. The process then follows these steps:
- The list is sent to the Chief Minister, who forwards it to the Governor.
- The Governor then sends it to the Union Law Ministry.
- The list is reviewed by the CJI and the Supreme Court Collegium, which consists of the CJI and two senior judges.
- The final recommendation is submitted to the President of India for approval.
If the President disagrees, they can return the recommendation. However, if the Collegium reiterates the same name, the President is constitutionally bound to approve the appointment.
Judicial Salary, Benefits, and Financial Security
To ensure judicial independence, Parliament periodically revises judges’ salaries and provides various benefits. Currently:
- The Chief Justice of a High Court earns Rs 2.5 lakh per month.
- Other High Court judges receive a salary of Rs 2.25 lakh per month.
- Judges are entitled to dearness allowance, house rent allowance, medical benefits, transport allowance, pension, provident fund, gratuity, and leave travel concessions.
This financial security prevents undue external influences on judges while allowing them to perform their duties with impartiality.
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Can a Judge’s Salary Be Withheld or Reduced?
According to Article 125 of the Constitution, a judge’s salary cannot be reduced during their tenure except in cases of a declared financial emergency. This provision safeguards judicial independence, ensuring that financial coercion cannot be used as a tool to manipulate judicial decisions. However, if a judge is removed through the impeachment process, they forfeit their salary and benefits.
Voluntary Resignation of a High Court Judge
High Court judges serve until the age of 62 years, but they can resign voluntarily by submitting a written resignation to the President of India. If the inquiry against Justice Yashwant Varma finds evidence of misconduct, he may be asked to resign voluntarily. Additionally, if he is appointed to the Supreme Court or transferred to another High Court, his existing position ceases to exist.
The Impeachment Process: A Rare and Complex Procedure
Impeachment is the only constitutional method to remove a sitting High Court or Supreme Court judge. It is a long and complex process that balances judicial independence and accountability. The procedure is outlined in Articles 61, 124(4), 124(5), 217, and 218 of the Constitution.
Steps of the Impeachment Process:
- Initiating the Motion: Impeachment proceedings begin in either the Lok Sabha or Rajya Sabha.
- Requires signatures from at least 100 Lok Sabha members or 50 Rajya Sabha members.
- Preliminary Investigation: If the motion is admitted, the Speaker of the Lok Sabha or Chairman of the Rajya Sabha forms a committee comprising:
- A Supreme Court judge
- A Chief Justice of a High Court
- A Distinguished Jurist The committee investigates the allegations and submits a report.
- Parliamentary Vote: If misconduct is proven, an impeachment motion is introduced in both Houses of Parliament.
- A two-thirds majority of total members present and voting is required in both Houses.
- Final Decision by the President: Once passed by Parliament, the motion is sent to the President, who issues the final order for removal.
Judiciary’s Internal Inquiry Mechanism
To uphold transparency while maintaining judicial independence, the Supreme Court has established an In-House Inquiry system. This process allows allegations against judges to be investigated internally without immediate external interference.
Global Perspective on Judicial Impeachment
- England: Impeachment was historically used to remove officials, but it is now obsolete.
- United States: Judges, the President, and other officials can be impeached for treason, bribery, or serious misconduct. However, conviction leads to removal from office, unlike in England, where impeachment was not a punishment.
- India: The impeachment process is adopted from the Irish Constitution and remains one of the most stringent judicial accountability mechanisms in the world.
Justice Yashwant Varma’s case highlights the delicate balance between judicial independence and accountability. While judges enjoy constitutional protections to prevent undue pressure, mechanisms such as voluntary resignation, in-house inquiries, and impeachment exist to uphold the credibility of the judiciary. If the ongoing investigation finds substantial evidence of wrongdoing, he may be advised to resign voluntarily, or in extreme cases, face impeachment. The outcome of this case will have significant implications for India’s judicial system and its commitment to upholding justice without bias.
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