THE JUDICIARY’S ‘BETWEEN A ROCK AND HARD PLACE’ MOMENT

THE CONTEXT: An accidental fire in the outhouse of Justice Yashwant Varma’s official bungalow in New Delhi led to the discovery (as per the fire department’s video) of several sacks of high-value currency notes. Allegations of misconduct have caused widespread public debate and triggered institutional responses from the judiciary. This incident has reopened controversies regarding judicial accountability, independence, and the broader debate around the system of judicial appointments in India.

THE JUSTICE YASHWANT VARMA CASE: KEY DEVELOPMENTS

• • Initial Incident

    • Fire incident at Justice Varma’s official premises while he was out of town.
    • Video footage allegedly showed sacks containing partially burnt high-value currency notes.

  • Immediate Institutional Response

    • The Delhi Police Chief informed the Chief Justice of the Delhi High Court.
    • The Chief Justice of India (CJI) convened a Collegium meeting.
    • Justice Varma was repatriated to his parent High Court (Allahabad).
    • Justice Varma’s response: a complete denial, suggesting conspiracy.

  • Further Inquiry and Transparency Measures

    • A three-judge in-house inquiry committee was constituted (with Chief Justices of Himachal Pradesh, Punjab and Haryana, and a lady judge from Karnataka).
    • The CJI sought call records of Justice Varma and his staff for the last six months.
    • The CJI released the video and other pertinent information to the public, reflecting a stance of “welcome transparency.”
    • Justice Varma was advised not to perform judicial duties pending completion of the inquiry.

  • Implications

    • Even though Justice Varma’s explanations appear unconvincing to many observers, principles of due process demand awaiting the official findings.
    • The case highlights the complexities in addressing alleged judicial corruption and the mechanisms available to hold judges accountable.

TRIGGER FOR A LARGER DEBATE: GOVERNMENT INTERVENTION

• • Public Uproar and Political Response

• • • The controversy created an opportunity for the government to revisit the debate on judicial appointments.
    • The Vice-President of India (also Rajya Sabha Chairman) invited political leaders to consider reviving the National Judicial Appointments Commission (NJAC).

• • NJAC and the Supreme Court’s Ruling

• • • The NJAC Act: A constitutional amendment that set up an appointments committee involving the CJI, two senior Supreme Court judges, the Union Law Minister, and two eminent persons chosen by a panel of the CJI, Prime Minister, and Leader of Opposition.
    • Supreme Court’s Verdict: Declared the NJAC unconstitutional (violating the Basic Structure) as it was perceived to erode the independence of the judiciary, a cornerstone of the Constitution.

• • Ongoing Tussle Over Appointments

• • • Despite the Collegium system being the law of the land, the government has been delaying or withholding notifications of certain recommended judges.
    • Allegations of the Collegium “bending backwards” to accommodate government preferences, thus weakening judicial independence.

UNDERSTANDING THE COLLEGIUM SYSTEM

Overview

• • Collegium comprises the Chief Justice of India and a group of senior judges who recommend judicial appointments and transfers.
  • The government can return a recommendation once, but if the Collegium reiterates it, the government is constitutionally bound to comply.

Criticisms of the Collegium

• • Opaque functioning and lack of clear criteria for selection.
  • Allegations of nepotism, bias, or inadequate scrutiny of candidates.
  • Burdensome for sitting judges who must juggle judicial work along with appointments.

Significance for Judicial Independence

• • The Collegium was designed to protect judges from executive overreach.
  • However, it lacks institutional transparency, leading to inconsistent or compromised appointment outcomes.

GOVERNMENT’S GAME PLAN AND POTENTIAL OUTCOMES

Greater Control Through NJAC Revival

• • The central government sees the Varma case as an opportunity to push for reintroducing a commission with government representation.
  • Risk of executive interference: Could severely impact the independence of the judiciary.

Impact on Fundamental Rights and Rule of Law

• • An emboldened executive with leverage over the judiciary could undermine checks and balances.
  • Given allegations of the government’s misuse of investigative agencies and “bulldozer politics,” the independence of the judiciary becomes even more crucial.

Opposition and Public Opinion

• • Civil society, the Opposition, and legal experts stress that legitimate reforms, not increased government control, are the need of the hour.
  • The Supreme Court’s prior jurisprudence emphasizes the “Basic Structure Doctrine” as a bulwark against executive incursion into judicial independence.

THE WAY FORWARD: REFORMING JUDICIAL APPOINTMENTS AND ACCOUNTABILITY

A Full-Time, Independent Judicial Appointments Commission

• • Proposal for a body composed of retired judges and eminent public figures completely independent of government control.
  • A dedicated secretariat under this commission (instead of being placed under the Law Ministry) can systematically evaluate a wide pool of candidates (possibly 1,000 for every 100 appointments annually).
  • Transparent procedures, well-defined eligibility criteria, and regular reporting to the public and Parliament could enhance accountability.

Addressing Judicial Corruption

• • Impeachment (under Articles 124 and 217 of the Constitution) is the only constitutional mechanism; however, it is cumbersome and politicized.
  • Proposal: A Judicial Complaints Commission with powers to:
    • Receive and examine complaints from the public or bar associations.
    • Conduct investigations (if a prima facie case exists).
    • Recommend disciplinary actions, removal, or penalties, with final decisions not requiring Parliamentary intervention but subject to limited judicial review.
  • This streamlining of judicial accountability would reduce politicization and ensure credibility.

Balancing Independence and Accountability

• • The commission must be insulated from political pressures and from judicial in-group loyalties.
  • Clear legislative backing that does not violate the Basic Structure or compromise the judiciary’s independence.

THE CONCLUSION:

While the NJAC debate resurfaces, protecting the doctrine of separation of powers and judicial independence is imperative. Reforms should focus on creating robust, transparent institutions for appointments and complaints rather than returning to frameworks that grant the executive undue influence. Ultimately, public confidence in the judiciary can be upheld only through accountability mechanisms that strengthen, rather than undermine, judicial autonomy.

UPSC PAST YEAR QUESTION:

Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

MAINS PRACTICE QUESTION:

Q. Discuss the challenges in maintaining a balance between judicial independence and accountability in India. Suggest reforms to address these challenges in light of recent controversies.

SOURCE:

https://www.thehindu.com/opinion/lead/the-judiciarys-between-a-rock-and-hard-place-moment/article69382701.ece#:~:text=A%20decision%20was%20taken%20to,be%20a%20conspiracy%20against%20him.

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