In a recent meeting of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, Members of Parliament raised pointed queries regarding the government’s inaction over allegations against Justice Yashwant Varma, and questioned the lack of proceedings against Justice Shekhar Kumar Yadav. The discussion, which unfolded amidst ongoing deliberations on judicial reforms and a proposed code of conduct for the judiciary, may assume prominence during the forthcoming monsoon session of Parliament.
At the core of the debate were two matters that have stirred public discourse- the alleged recovery of unaccounted cash from the residence of Justice Yashwant Varma, and controversial remarks described as a “hate speech” by Justice Shekhar Kumar Yadav of the Allahabad High Court. These incidents, according to members, reflect larger concerns over the accountability and conduct of judges.
Multiple MPs demanded clarity on why a First Information Report (FIR) had not been lodged against Justice Varma despite serious allegations. The committee also questioned the absence of action from the Supreme Court in relation to Justice Yadav’s remarks. Additionally, the committee deliberated on broader concerns: the legal enforceability of the existing code of conduct for judges, post-retirement appointments, public statements by serving judges, ideological affiliations, declaration of assets, and the continued practice of relatives in the same courts where judges preside.
A key proposal put forth was the introduction of a statute to codify the code of conduct for the judiciary, thereby rendering it legally binding. Members insisted that judges should not accept government assignments within five years of demitting office. Further, concerns were raised over the President appointing retired judges to parliamentary or executive positions, with suggestions to curb such practices.
The Secretary from the Department of Justice presented the government’s position and ongoing initiatives concerning judicial conduct and accountability. However, members of the committee remained dissatisfied, particularly questioning whether the code of conduct was being adhered to "in letter and spirit."
In response, the committee directed the Department of Justice to prepare a comprehensive report addressing the concerns raised during the session. This report is expected to be examined further in the next meeting. The government also indicated its intention to introduce a motion in the monsoon session for the removal of Justice Varma. Nonetheless, MPs voiced dissatisfaction, stating that such removal proceedings ought to have already been concluded. No update has been provided on the opposition’s earlier notice in the Rajya Sabha seeking Justice Yadav’s removal, which was submitted in December last year.
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