Despite one-third of High Court seats lying vacant, the government and opposition are advocating to impeach two judges raising questions about priorities in India’s already burdened judicial system.
Both the government and the opposition are advocating for the impeachment of two judges from the Allahabad High Court.
This simultaneous effort to remove the senior judges is viewed as a strategy to bolster each side’s ‘anti-corruption’ image ahead of the crucial elections in Bihar later this year.
However, this push for impeachment occurs against the backdrop of a staffing crisis, with one-third of all High Court judges’ positions currently unfilled.
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The government, along with the opposition, is seeking the impeachment of Justice Yashwant Varma, formerly a judge at the Delhi High Court, after large amounts of burnt cash were discovered at his residence.
A motion for his impeachment was submitted in the Lok Sabha on Monday, but Justice Varma has approached the Supreme Court to contest an internal judiciary report recommending his removal.
Additionally, there have been calls for impeachment against Justice Shekhar Yadav, following controversial remarks made at an event organized by the right-wing group Vishwa Hindu Parishad.
A collective of 55 MPs sent a letter to the Rajya Sabha in December requesting his dismissal.
While these impeachment efforts capture attention, the judiciary faces a significant vacancy issue. In response to a query from Congress leader Mallikarjun Kharge, the Law Ministry reported that 371 High Court judge positions 33 percent of the total are currently unoccupied. Out of 1,122 total High Court judge positions, only 751 are filled.
Proposals to appoint judges to 178 of the vacant positions are under consideration by both the government and the Supreme Court Collegium, while recommendations for 193 positions are still pending from High Court collegiums.
The delays in filling these vacancies are attributed to the complex appointment process outlined in Articles 217 and 224 of the Constitution.
This process involves multiple steps: drawing up a shortlist in consultation with the state government by the two senior-most judges of a High Court, which is then sent to the Supreme Court Collegium for approval.
Despite guidelines stating that High Courts should submit recommendations six months before any vacancy arises, the Law Ministry has indicated that these timelines are often not adhered to.
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It emphasized that the appointment process is a “continuously integrated and collaborative exercise” between the executive and judiciary, complicating the establishment of a clear timeline for filling vacancies.
Although the term impeachment has not been used explicitly, but is used to describe the process for removal of judges from the office. This process provides an essential tool to ensure judicial accountability along with preseving independence of judiciary.
Article 124(4) and 218 outlines the removal process for Supreme Court and High Court judges. the grounds for removal is limited to “proved misbehaviour and incapacity“.
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