Relevance for UPSC: GS II (Polity, Constitution, Judiciary); Source: The Hindu;  Supreme Court proceedings

Context

The Supreme Court of India has prima facie disagreed with Justice Yashwant Varma’s claim that the Lok Sabha Speaker exceeded statutory authority by constituting an inquiry committee under the Judges (Inquiry) Act, 1968. The matter arises from a removal motion supported by over 140 Members of Parliament, following allegations linked to recovery of partially burnt currency from the judge’s official residence.

Core Issue

The dispute centres on whether the Lok Sabha Speaker can constitute an inquiry committee once a valid removal notice is received, or whether such action intrudes into the role of the Rajya Sabha Chairperson.

Supreme Court’s Prima Facie Observations

  • The Speaker’s action is statutorily grounded, not unilateral.
  • The Judges (Inquiry) Act allows the presiding officer of the House where the motion is moved to initiate inquiry procedures.
  • The Court rejected the argument that the Speaker violated parliamentary comity or separation of powers.

Constitutional and Legal Framework

  • Article 124(4) and Article 217(1)(b): Removal of Supreme Court and High Court judges through a special majority.
  • Judges (Inquiry) Act, 1968: Provides a three-member inquiry committee mechanism for preliminary fact-finding.
  • The Speaker or Chairperson acts as a statutory authority, ensuring judicial accountability without executive interference.

Why It Matters for UPSC

  • Highlights the balance between judicial independence and accountability.
  • Clarifies the procedural role of parliamentary presiding officers.
  • Reinforces the principle of due process in constitutional governance.
UPSC Value Box

Prelims Pointers

  • Judges (Inquiry) Act, 1968: Procedure for inquiry into judicial misconduct.
  • Articles 124(4) & 217(1)(b): Removal of Supreme Court and High Court judges by Parliament.
  • Speaker / Chairperson: Acts as a statutory authority while constituting inquiry committees.

Core Concept

  • Judicial accountability through parliamentary procedure without diluting judicial independence.

Key Law / Institution

  • Judges (Inquiry) Act, 1968; Supreme Court of India

Q. Consider the following statements:

  1. The removal of a High Court judge requires a special majority of Parliament.
  2. The Judges (Inquiry) Act, 1968 empowers the Lok Sabha Speaker to constitute an inquiry committee upon receipt of a valid removal motion.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (c)

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