31st July 2025 (13 Topics)

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1985 Act Backs CJI Inquiry

Context:

The Supreme Court has upheld the Chief Justice of India’s (CJI) authority under the Judges (Protection) Act, 1985 to initiate an in-house inquiry into allegations of judicial misconduct.

Legal Basis:

The Supreme Court invoked the Judges (Protection) Act, 1985, asserting that it empowers the top court to preserve “institutional integrity” by initiating an in-house inquiry in cases of judicial impropriety.
The in-house procedure is not statutory but is recognized as a constitutionally permissible mechanism for judicial accountability.

Supreme Court’s Position:

The bench clarified that the CJI’s administrative authority permits initiating a non-statutory in-house inquiry without violating judicial independence.
The inquiry is intended for fact-finding and does not result in automatic removal; removal can only be initiated through impeachment under Article 124(4) or 217 read with Article 124.

Constitutional and Institutional Relevance:

The case reaffirms the delicate balance between judicial independence and accountability.
Reinforces that internal mechanisms for oversight are consistent with constitutional principles, provided they do not lead directly to punitive outcomes.

Judges (Protection) Act, 1985:

Purpose: Shields judges from civil/criminal liability for acts done in judicial capacity.
Scope: Protects judicial independence; does not prevent disciplinary action through other laws.
Nature: Enabling statute, not a mechanism for inquiry/removal.

Judges (Inquiry) Act, 1968:

Purpose: Provides procedure for removal of SC/HC judges.
Key Process:
- Motion in Parliament ? Inquiry Committee formation.
- Report submitted ? If guilty, removal motion debated/voted in Parliament.
Transparency: Committee reports under this Act are public, unlike in-house inquiries.

In-House Mechanism:

Administrative process by CJI (not backed by statute).
Cannot directly remove a judge; recommends action or resignation.

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1985 Act Backs CJI Inquiry