Hon’ble Supreme Court affirms CJI’s Authority to Recommend Presidential Action for High Court Judge’s Removal Following Misconduct Inquiry

Name of the Case: XXX VS. THE UNION OF INDIA & OTHERS

Citation: 2025 INSC 943

Hon’ble Bench: JUSTICE DIPANKAR DATTA AND JUSTICE AUGUSTINE GEORGE MASIH

Date: 07.08.2025

A High Court judge faced an in-house committee inquiry, set up by the Chief Justice of India, over allegations of serious misconduct. The committee’s report concluded that misconduct had indeed been committed and recommended the judge’s removal from office. Acting on this, the Hon’ble  Chief Justice of India forwarded the report to the Prime Minister and the President, thereby initiating the constitutional process for impeachment.

In response, the judge filed a petition challenging the Chief Justice’s action. It was argued that the Chief Justice of India lacked such power, that the in-house procedure was extra-constitutional, that forwarding the report violated judicial independence and Articles 14 and 21, and that breach of confidentiality invalidated the process. The Hon’ble Supreme Court rejected these arguments, holding that under Articles 124 and 217 the CJI is not a mere post-office but has a duty to act on established misconduct to protect judicial integrity. It ruled that the in-house procedure is constitutional, can operate alongside the impeachment mechanism, and that even if confidentiality is breached, the validity of the report’s findings remains unaffected¹.

1. https://www.sci.gov.in/view-pdf/?diary_no=386642025&type=j&order_date=2025-08-07&from=latest_judgements_order 
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Adv. Saju Jakob

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