CJI BR Gavai defended the strict criteria for impeaching Indian judges, stating such safeguards are essential. He emphasised that they are necessary to protect the judiciary’s independence and prevent misuse of the removal process.
Chief Justice of India (CJI) BR Gavai defended the stringent criteria for the impeachment of Supreme Court and High Court judges during a statement on Tuesday.
CJI BR Gavai defends stating that “the safeguards are necessary to protect the independence of the judiciary.”
He remarked,
“If we want to maintain the independence of the judiciary…On one hand, we are opposing the political interference in the appointment of judges and, on the other hand, if we provide for an easier way to remove a judge…It’s a safeguard which permits judges to act independently. If that is taken away, then the very foundation of the rule of law, the independence of the judiciary, may come under a shadow,”
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CJI Gavai shared these thoughts while speaking to Indian students at Trinity College, University of Oxford. One student raised a question regarding the alleged discovery of bundles of cash at the residence of Justice Yashwant Varma, inquiring whether CJI Gavai would have approached the investigation differently than his predecessor, CJI Sanjiv Khanna.
The student also questioned the fairness of the high threshold for removing judges.
In response, CJI Gavai stated that he would not comment on the specifics of the case. However, he reiterated that the elevated standards for removal are essential.
The impeachment of judges in India is a constitutional process used to remove judges of the Supreme Court and High Courts for proven misconduct or incapacity. This process is laid down in Article 124(4) and 124(5) for Supreme Court judges, and Article 217 read with Article 124 for High Court judges.
Justice Varma, currently a judge at the Allahabad High Court, faces corruption allegations following the reported discovery of a significant amount of unaccounted cash at his official residence earlier this year, when he was serving as a judge in the Delhi High Court.
Despite an in-house committee of High Court judges finding him guilty, he has declined to resign.
Former CJI Khanna, On May 8, submitted the committee’s findings to both the President and the Prime Minister of India.
Reports indicate that the government is considering initiating impeachment proceedings against Justice Varma.
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Impeachment is a rare and grave procedure meant to hold judges accountable while safeguarding the judiciary’s independence.
It upholds the constitutional balance between the judicial and legislative branches in India.