The Judges Inquiry Committee

Source: PIB

Subject: Polity

Context: The three-member Judges Inquiry Committee submitted its formal investigation report to Lok Sabha Speaker concerning misbehavior allegations against sitting judge Justice Yashwant Varma.

The Judges Inquiry Committee
The Judges Inquiry Committee

About The Judges Inquiry Committee:

What it is?

  • The Judges Inquiry Committee is a high-level, ad-hoc statutory judicial tribunal constituted to investigate specific allegations of proved misbehavior or incapacity against a judge of the Supreme Court or a High Court. It serves as an essential, independent fact-finding body that must complete its probe before Parliament can debate or vote on a motion for the removal of a judge.

Constitutional Anchor: Operates in tandem with Article 124(4) (for Supreme Court judges) and Article 217(1)(b) (for High Court judges) of the Constitution of India.

Statutory Framework: It is strictly established under Section 3 of the Judges (Inquiry) Act, 1968.

Composition Mandate: The Act dictates that the committee must comprise exactly three members appointed by the Lok Sabha Speaker or Rajya Sabha Chairman:

  1. A sitting Judge of the Supreme Court of India.
  2. A sitting Chief Justice of a High Court.
  3. An eminent jurist.

The 2026 Panel: The committee that submitted the recent report was headed by Supreme Court Justice Aravind Kumar, alongside Bombay High Court Chief Justice Shree Chandrashekhar and Senior Advocate B.V. Acharya.

Aim: The primary aim of the committee is to insulate the judiciary from frivolous political attacks while ensuring accountability for judicial misconduct.

Key Functions:

  • Framing Charges: Explicitly documents and frames the definitive charges of misconduct or physical/mental incapacity against the accused judge.
  • Summoning and Examination: Holds the powers of a Civil Court to summon witnesses, demand the production of confidential state or judicial documents, and examine individuals under oath.
  • Enforcing Principles of Natural Justice: Guarantees the accused judge a fair trial by serving the charges formally, allowing the judge to submit a written defense, and providing the opportunity to cross-examine witnesses via legal counsel.
  • Statutory Reporting: Submits a conclusive, evidence-backed report to the presiding officer (Speaker/Chairman) stating whether the specific charges of misbehavior or incapacity have been proven or not proven.

Significance:

  • Protects Judicial Independence: Prevents Parliament from acting against judges unless charges are first verified by an independent panel.
  • Checks Executive Power: Ensures judges cannot be removed arbitrarily by the political executive, safeguarding separation of powers.