What legal options are available to penalise judge who made anti-Muslim remarks at VHP event?

Lawyers, politicians and civil society groups have demanded action against Justice Shekhar Kumar Yadav of the Allahabad High Court for his communal remarks at a Vishwa Hindu Parishad event at the High Court premises on Sunday. In response, the Supreme Court has sought a report from the Allahabad High Court about Yadav’s remarks. Opposition parties in the Lok Sabha are preparing to move a motion to impeach Yadav.

There are broadly two courses of action that can be undertaken against judges of constitutional courts for improper conduct: an in-house procedure adopted by the Supreme Court to deal with complaints against judges. This may result in the judge resigning or not being allocated judicial work. The second is impeachment by Parliament. Detailed in the Constitution, it may result in the judge’s termination.

However, it is unlikely that Yadav will face action under either mechanism. The in-house inquiry process is opaque and there is little clarity about what penalty judges have previously faced under it. The impeachment process has rarely been initiated and has never been carried through in independent India’s history.

In-house procedure

In 1999, the Supreme Court adopted an in-house procedure developed by a committee of five judges. It was meant to address allegations of misconduct against High Court and Supreme Court judges....

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