Justice Yadav's Controversial Remarks
Justice Shekhar Kumar Yadav made inflammatory remarks against the Muslim community at a Vishwa Hindu Parishad event in December 2023.
He criticized the teachings of tolerance in one community, while highlighting practices like polygamy and triple talaq in another.
Yadav’s comments sparked widespread criticism, with calls for impeachment and concerns about his impartiality as a judge.
Judicial Ethics and Conduct
The judiciary is bound by ethical guidelines to ensure impartiality, integrity, and public trust.
The "Restatement of Values of Judicial Life" and the "Bangalore Principles of Judicial Conduct" require judges to maintain impartiality, dignity, and respect for diversity.
Yadav's participation in a right-wing event and communally charged statements are seen as a violation of these ethical codes.
Impeachment Process for Judges
Judges of the Supreme Court and High Courts can be removed through impeachment for “proved misbehaviour or incapacity”.
The impeachment motion requires support from a special majority in both Houses of Parliament.
The Constitution prohibits discussing allegations of misconduct against judges outside of the impeachment motion.
The Supreme Court has an internal procedure to address allegations. Judges facing serious allegations may opt for voluntary retirement to avoid public embarrassment.
Complaints against a High Court judge can be made to the President, Chief Justice of India (CJI), or the Chief Justice of the concerned High Court.
If the Chief Justice of the High Court receives the complaint, they may seek a response from the judge involved.
If the complaint is serious, the CJI may appoint a fact-finding committee to investigate the allegations.
The committee includes two Chief Justices from other High Courts and a High Court judge.
If the committee finds enough evidence, it can recommend the judge's removal.
If the judge refuses to retire voluntarily after the committee's report, the CJI can inform the President and Prime Minister, clearing the path for formal impeachment proceedings.
Current Situation and Legal Responses
The Supreme Court has taken note of Yadav’s remarks and is investigating the matter.
Several legal bodies, including the All India Lawyers Union, have written to the Chief Justice of India demanding action against Justice Yadav.
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