What Rulebook Says When There Is A Complaint Against A Judge?

New Delhi: Legal experts and judicial observers, on Friday, expressed that the action taken by the Supreme Court Collegium against Delhi High Court Judge Justice Yashwant Varma, following allegations of a massive cash pile being recovered from his residence, was not enough. They opined that the accused judge should have been suspended, impeached, or removed from all benches. These reactions emerged after the Supreme Court Collegium transferred Justice Varma to his parent Allahabad High Court.

However, as the matter escalated, the Supreme Court issued a statement clarifying that Justice Varma's transfer was not related to the cash incident and is independent of the ongoing in-house enquiry procedure.

The Court noted that the proposal was examined by the Collegium—comprising the Chief Justice of India (CJI) and the four senior-most Judges of the Supreme Court—on March 20, 2025. Following this, letters were sent to the consultee Judges of the Supreme Court, the Chief Justices of the High Courts concerned, and Justice Yashwant Varma. The responses are to be reviewed, after which the Collegium will pass a resolution.

The Supreme Court further stated that the Chief Justice of the Delhi High Court, who is conducting an inquiry following the Collegium’s March 20 meeting, will submit his report to the CJI later today.

As the case sparked a renewed debate on judicial accountability, let's take a look at what the Department of Justice guidelines of grievances regarding complaints against judges say:

• A grievance regarding a complaint against a Judge can be taken up for inquiry by the concerned High Court or Supreme Court as per in-house procedure adopted by them. There is no role of Government in disposal of such grievances.
• As per guidelines issued by the Supreme Court of India, grievances against Judicial Officers are required to be sent on sworn affidavit with verifiable facts to the Registrar General of the concerned High Court.
• Petitions, applications and other documents to be filed before a Court of Law should not be forwarded along with grievances as these are to be presented in person or by a duly authorised agent or by an advocate on record duly appointed for the purpose.
• As Judiciary is independent and Government does not interfere in the functioning of the Judiciary, no further follow-up or correspondence is made by the Government after forwarding of grievance to the concerned High Court or Supreme Court, as the case may be.

How corruption in judiciary is addressed? 

According to the Press Information Bureau, accountability in higher judiciary is maintained through “in-house mechanism”. The Supreme Court of India, in its full court meeting on May 7, 1997, adopted two Resolutions namely:

• The Restatement of Values of Judicial Life – which lays down certain judicial standards and principles to be observed and followed by the Judges of the Supreme Court and High Courts.
• In-house procedure — for taking suitable remedial action against judges who do not follow universally accepted values of Judicial life including those included in the Restatement of Values of Judicial life.

As per the established “In-house procedure’ for the Higher Judiciary, the Chief Justice of India is competent to receive complaints against the conduct of Judges of the Supreme Court and the Chief Justices of the High Courts.

Similarly, the Chief Justices of the High Courts are competent to receive complaints against the conduct of High Court Judges.

The complaints/representations received are forwarded to the Chief Justice of India or to the Chief Justice of the concerned High Court, as the case may be, for appropriate action.

Legal eagles on Justice Yashwant Varma's case 

Senior Supreme Court advocate and King's Counsel, UK, Harish Salve called out SC's collegium system saying he has been a trenchant critique of the collegium system and this exposes yet another strong fault line. Salve said that the judge should be suspended by withdrawing judicial work and ordering an inquiry.

Senior SC advocate Mahesh Jethmalani said that the Supreme Court has made a clarification subsequently and we have to accept it at face value that the transfer is independent of the incident at Justice Varma's house.

Top criminal lawyer and senior advocate Aman Lekhi said that there is material record to show that the Chief Justice, Delhi HC is conducting inquiry. Why is the judge quiet and what is the SC waiting for. Both incorruptibility and righteousness are fundamental values in the system, which have actually torpedoed. Once they are torpedoed, the credibility of the system collapses and the power of the system dwindles.