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Supreme Court of India 2025-08-07 dismissed

XXX vs Union of India & Ors

Bench: 2 — Dipankar Datta, Augustine George Masih

In Brief

A judge of the Allahabad High Court challenged the constitutionality of the In-House Procedure—an internal mechanism adopted by the Supreme Court in 1999 to inquire into judicial misconduct. Fire at his official residence revealed burnt currency notes, triggering an in-house inquiry by a three-member committee that found serious misconduct. The Chief Justice of India forwarded the committee's report to the President and Prime Minister, recommending removal proceedings. The judge petitioned for relief, claiming the procedure violated Articles 14, 21, and 124 of the Constitution and breached due process. The Court upheld the In-House Procedure as constitutionally valid, holding it fills a gap for addressing misconduct short of impeachable offences. The CJI's role in recommending removal was affirmed as preserving institutional integrity without violating separation of powers. The writ petition was dismissed; uploading evidence publicly was found improper but did not vitiate the inquiry where the judge participated without timely objection.

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Judicial Discipline Judicial Misconduct Judicial Independence Constitutional Law Removal of Judges Separation of Powers Institutional Integrity Natural Justice Administrative Law

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