Challenges in disciplining constitutional court judges

Source: The post challenges in disciplining constitutional court judges has been created, based on the article “How Supreme Court deals with errant judges, works around limitations” published in “Indian Express” on 28th September is 2024

UPSC Syllabus Topic: GS Paper 2-Judiciary

Context: The article discusses the challenges in disciplining constitutional court judges. Impeachment is rare and difficult, so alternatives like judicial intervention and transferring judges are used. Recent cases highlight concerns about judicial accountability and the limits of these methods.

For detailed information on Supreme Court of India warned judges against making biased or sexist comments read this article here

What is the Concern Regarding the Karnataka HC Judge’s Comments?

1. Justice V Srishananda of Karnataka High Court made controversial comments, including comparing a Bengaluru locality to Pakistan and making an objectionable remark about a female lawyer.
   2. The Supreme Court (SC) expressed concern but dropped its intervention after the judge apologized.

How are Constitutional Court Judges Protected?

1. Judges of the Supreme Court and High Courts have strong protections to ensure judicial independence. The only constitutional method of removing a judge is through impeachment.
2. According to Article 124(4), a judge can only be removed through a political process in Parliament. Impeachment requires a two-thirds majority and must prove “misbehaviour” or “incapacity.” This high standard makes impeachment rare.
3. Impeachment proceedings have been initiated five times, including against Justice V Ramaswami (1993), Justice Soumitra Sen (2011), and Justice C V Nagarjuna (2017). However, no judge has been successfully impeached, although Justice Sen resigned after being impeached by the Rajya Sabha.

What Other Methods Does the SC Use to Discipline Judges?

1. Judicial Intervention: The Supreme Court can act directly, as seen in the 2017 case of Justice C S Karnan, who was sentenced to six months’ imprisonment for contempt of court. This set an uneasy precedent but showed SC’s willingness to act.
2. Transfer Policy: The Supreme Court’s Collegium transfers judges as a disciplinary measure. For instance, Justice P D Dinakaran was transferred from Karnataka High Court to Sikkim High Court amidst corruption allegations. However, critics argue this only moves problems instead of solving them.
3. Mild Reproach: The SC can issue reprimands, as seen in the recent case of Justice V Srishananda, who apologized for controversial comments, and the SC dropped its intervention.

What are the concerns related to the Supreme Court’s intervention in disciplining judges?

1. Impeachment is rare due to the high political consensus required. It has only been initiated five times, with none fully succeeding.
2. The 2017 case of Justice C S Karnan, sentenced to imprisonment for contempt, raised questions about one constitutional court disciplining another.
3. The Supreme Court uses the transfer of judges as a disciplinary measure, as seen with Justice P D Dinakaran. However, this method has been criticized for simply moving corruption instead of addressing it.

Question for practice:

Discuss the alternative methods the Supreme Court of India uses to discipline constitutional court judges, aside from impeachment.