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Filing FIRs Against Judges? Here's What the Law Says


The judiciary is crucial in upholding justice and fairness in India. But what happens if there are allegations against a sitting judge? Can a First Information Report (FIR) be registered? How are complaints about judges investigated? Let’s break it down simply.

Can an FIR Be Filed Against a Judge?

Judges have special protections under the law to safeguard their independence, but they are not above the law. The Supreme Court of India, in the case of K. Veeraswami v. Union of India (1991), established important rules about this:

  1. Approval Required First
    Before filing an FIR against a sitting judge of the Supreme Court or High Court, approval must be obtained from the Chief Justice of India (CJI). This prevents false or politically motivated accusations.
  2. Exceptions Exist
    If a judge is accused of a personal crime unrelated to their job, general rules of law may apply.
  3. No Police Inquiry Without Permission
    Police cannot investigate a sitting judge unless they get permission from the CJI first.

How Complaints Against Judges Are Handled

When there are complaints about a judge’s behavior or misconduct, the judiciary has a specific internal process to deal with them while keeping things fair and transparent.

Step 1: Filing the Complaint

  • Complaints about High Court judges go to the Chief Justice of that High Court.
  • Complaints about Supreme Court judges go directly to the Chief Justice of India.

Step 2: Initial Check

  • The Chief Justice reviews the complaint to see if it’s serious or just frivolous.
  • Frivolous complaints are dismissed right away.

Step 3: Investigation by a Panel

  • If the complaint is serious, a panel of three senior judges investigates it.
  • The panel listens to the evidence, hears what the judge has to say, and decides if misconduct occurred.

Step 4: Results and Actions

  • If the misconduct is minor, the judge may get a warning or advice.
  • For serious misconduct, the judge may be asked to resign or step down from duties.

Step 5: Impeachment - The Last Option

  • For very serious cases, Parliament can remove a judge through impeachment under Articles 124(4) and 217(1)(b) of the Constitution.
  • This process involves a formal inquiry and approval by two-thirds of both Houses of Parliament.

Conclusion

Judges are protected to ensure they can work independently, but they are still accountable. Without approval from the Chief Justice of India, an FIR cannot be registered against a sitting judge. Complaints are addressed through a proper system to maintain transparency and trust in the judiciary. This way, India strikes a balance between judicial independence and accountability.

By simplifying the legal process, we can ensure that everyone understands how allegations against judges are handled, reinforcing trust in the country's justice system.

FAQs:

  1. Can an FIR be registered against a sitting judge?
    Yes, but only with prior approval from the Chief Justice of India to ensure judicial independence is protected.

  2. What happens to frivolous complaints against judges?
    Frivolous complaints are dismissed during the initial assessment by the Chief Justice.

  3. How are allegations of misconduct against judges investigated?
    A three-member committee of senior judges examines the evidence and provides recommendations.

  4. What is the process for impeaching a judge?
    Parliament initiates the process, requiring a two-thirds majority vote in both Houses for approval.

  5. Can police investigate a sitting judge without permission?
    No, police must first obtain approval from the Chief Justice of India before conducting investigations.



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