SC Collegium Recommends Transfer of Justice Varma Amid Inquiry into Allegations of Burnt Currency

The Supreme Court Collegium has recommended the transfer of Justice Varma from the Delhi High Court to the Allahabad High Court. This move comes at a time when an internal inquiry is set to commence regarding allegations involving the discovery of burnt currency linked to the judge. The timing of the transfer has raised significant discussions within the legal community, fueling speculation about the connection between the two events.

Transfer of Justice Varma: A Controversial Move?

The Supreme Court Collegium, headed by the Chief Justice of India (CJI), routinely oversees the appointments and transfers of High Court judges to ensure judicial efficiency and fairness. However, the transfer of Justice Varma has sparked debates due to its coincidental overlap with the upcoming inquiry into allegations of burnt currency.

Reports suggest that large sums of burnt currency notes were discovered under suspicious circumstances, leading to an in-house inquiry. Though the judiciary has stated that transfers are routine administrative decisions, critics argue that such a move, at a time of heightened scrutiny, raises questions about judicial transparency and accountability.

The transfer of judges, as per judicial precedents, is within the authority of the Collegium system. However, legal experts and senior advocates have pointed out that ensuring fair and impartial investigations into allegations against judges is crucial for maintaining public confidence in the judiciary.

National Judicial Appointments and the 99th Constitutional Amendment Act, 2014

The issue of judicial appointments in India has been a long-standing debate, culminating in the proposal of the 99th Constitutional Amendment Act, 2014, which sought to establish the National Judicial Appointments Commission (NJAC). The NJAC aimed to replace the existing Collegium System with a more transparent, accountable mechanism for appointing Supreme Court and High Court judges.

What Was the 99th Constitutional Amendment Act, 2014?

The 99th Constitutional Amendment Act was passed by Parliament in 2014 to establish the National Judicial Appointments Commission (NJAC). The NJAC was intended to make the process of judicial appointments more transparent and reduce the monopoly of the judiciary in the selection of judges. The amendment sought to insert Articles 124A, 124B, and 124C into the Constitution, giving NJAC constitutional authority.

Composition of the NJAC

The proposed NJAC was to consist of:

1. Chief Justice of India (CJI) - Chairperson
2. Two senior Supreme Court judges
3. Union Minister of Law and Justice
4. Two eminent persons, appointed by a committee comprising the Prime Minister, Chief Justice of India, and Leader of the Opposition.

The NJAC was designed to replace the Collegium System, in which senior judges had the exclusive authority to appoint judges. The goal was to enhance transparency and allow greater participation from the executive and civil society.

Supreme Court Strikes Down NJAC

In 2015, the Supreme Court of India, in the case Supreme Court Advocates-on-Record Association v. Union of India, struck down the NJAC and the 99th Constitutional Amendment, declaring them unconstitutional and void. The Court held that the NJAC violated the basic structure of the Constitution, particularly judicial independence, as it allowed the executive a greater role in judicial appointments.

This landmark judgment reaffirmed the Collegium System, under which judges appoint judges, citing that judicial independence is a fundamental principle of the Indian Constitution.

Conclusion

The transfer of Justice Varma and the controversies surrounding judicial appointments highlight the complexities of India’s legal system. While the Collegium System remains the prevailing method of judicial appointments, its opacity and lack of accountability have led to calls for reform. The NJAC was a bold attempt to introduce transparency, but its rejection by the Supreme Court reinforced the judiciary’s commitment to self-regulation.

As the inquiry into Justice Varma’s case unfolds, it is essential for the judiciary to maintain its credibility and uphold the principles of fairness and independence. Judicial transfers should be free from external influence, ensuring that justice is served both within and outside the legal system.

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