CJI agrees to constitute Bench to hear plea on behalf of Justice Varma
Chief Justice of India B.R. Gavai has agreed to constitute a Bench to hear a petition challenging the in-house inquiry procedure and the recommendation for the removal of Allahabad High Court judge Justice Yashwant Varma. CJI Gavai, who was part of the consultations, will not be on the Bench. The petition argues that the in-house inquiry is an "extra-constitutional mechanism" that usurps Parliament's exclusive authority to remove judges under Articles 124 and 218 of the Constitution and the Judges (Inquiry) Act, 1968. The Act provides stringent safeguards, including formal charges and proof beyond reasonable doubt, which the in-house procedure lacks.
Key Points
- The Chief Justice of India will form a Bench to examine the challenge against the removal recommendation for Justice Yashwant Varma.
- The petition contends that the in-house inquiry procedure is an unconstitutional mechanism that bypasses parliamentary authority.
- The Judges (Inquiry) Act, 1968, outlines the legislative process for judge removal, including formal charges and proof of misbehaviour.
- The in-house procedure is criticized for lacking comparable safeguards provided by the statutory process.
Exam Facts
- Chief Justice of India: B.R. Gavai.
- Justice Yashwant Varma of Allahabad High Court.
- Articles 124 and 218 of the Constitution (removal of judges).
- Judges (Inquiry) Act, 1968.
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