Chennai: Former Chief Justice of India (CJI) Dr DY Chandrachud has said impeachment is extremely cumbersome and time-consuming process and there is a need for having a far more flexible and effective process of disciplining judges.
“Our experience over the last 75 years suggests that impeachment as a process is extremely cumbersome and time-consuming. You have to have a far more flexible and effective process of disciplining judges,” the former CJI said.
Justice Chandrachud spoke on wide range of issues
The former CJI, who was speaking at a programme ‘Justice Unplugged’, presented by VIT School of Law in association with The Hindu on March 22, talked on a wide range of issues, from appointing judges to corruption in the Indian judiciary.
Former CJI Chandrachud was asked about his views on corruption in judiciary and the recent case of Delhi High Court judge Justice Yashwant Varma, who is embroiled in a cash-discovery controversy, was also mentioned before him.
There is memorandum of in-house procedure where there is an allegation of corruption in high court: Justice Chandrachud
The former CJI, while refusing to talk about the particular case of case discovery at Justice Varma’s residence saying the Supreme Court is seized of the matter, said that there is memorandum of the in-house procedure where there is an allegation of corruption in the high court.
“There are only two or three courses of action open to the Chief Justice of India. The CJI may transfer a judge. Now it is always said that if a judge is errant, why are you just transferring that judge from high court A to high court B because that judge will continue to be errant in high court B but the only option open to the CJI is either to transfer the judge in question or commence the in-house procedure,” the former CJI said.
Have to have a far more flexible and effective process of disciplining judges: Former CJI Chandrachud
“After the in-house procedure is complete and if you find that the judge has been held guilty of a misdemeanour, you then make a reference to start a process of impeachment and but then not a single judge in the country has ever been impeached and so that is also an indicator that our experience over the last 75 years suggests that impeachment by itself is extremely cumbersome and time-consuming as a process and you have to have a far more flexible and effective process of disciplining judges,” former CJI Chandrachud added.
Cash was allegedly discovered at Justice Varma’s official bungalow
Cash was allegedly discovered at Justice Varma’s official bungalow following a fire at his residence on March 14. A series of directives were subsequently issued by the Supreme Court collegium headed by CJI Sanjiv Khanna and Delhi High Court.
CJI Khanna constituted in-house panel to conduct an inquiry into the matter
CJI Khanna constituted the in-house panel to conduct an inquiry into the matter and asked Delhi High Court Chief Justice DK Upadhyaya not to assign any judicial work to Justice Varma. The Supreme Court collegium also recommended the transfer of Justice Varma to his parent Allahabad High Court.
Allahabad High Court Bar Association has sought steps be taken for impeachment of Justice Varma
The alleged discovery of cash at Justice Varma’s official residence was also raised in the Parliament and there were demands to start impeachment process to remove him from the judgeship. The Allahabad High Court Bar Association has opposed the decision of the Supreme Court collegium recommending transfer of Justice Varma to the Allahabad High Court and has sought that all judgements delivered by Justice Varma during his tenure as a judge of the high courts of Allahabad and Delhi be reviewed to regain public faith in the judiciary and steps be taken for his impeachment.
