How to File a Complaint Against a Judge in India

1. Understanding the Types of Misconduct

Before filing a complaint, it is crucial to understand what constitutes judicial misconduct. Common grounds for complaint may include:

• Corruption: Any act of bribery or accepting illegal gratification.
• Bias or Prejudice: Displaying partiality or favour towards any party in a case.
• Professional Misconduct: Engaging in inappropriate behaviour, including inappropriate remarks or conduct outside the court.
• Dereliction of Duty: Refusing to hear cases without valid reasons or delaying proceedings unnecessarily.
• Abuse of Power: Misusing judicial authority for personal gain or to settle scores.

2. Procedure for Judges of Subordinate Courts

Complaints against judges of subordinate courts can be filed by any individual, organization, or party who believes there has been misconduct or breach of conduct by the judge. The complaint must be submitted in writing, either addressed to the Registrar of the High Court, the Chief Justice of the High Court, or a designated authority within the High Court’s administrative wing.

Upon receipt, the complaint is subjected to an initial scrutiny process. This step involves verifying whether the complaint is genuine and whether it falls within the purview of judicial misconduct or malfeasance.

If the preliminary inquiry finds merit in the complaint, a show cause notice may be issued to the judge in question. The judge is asked to provide an explanation or defence regarding the allegations.

2. Filing a Complaint Against a High Court Judge

The procedure for filing a complaint against a High Court judge is specific and must be followed carefully:

Step 1: Draft a Formal Complaint

• Write a clear, concise, and factual complaint.
• Mention the name of the judge, the court where the judge presides, and the date(s) of the alleged misconduct.
• Provide supporting documents or evidence to substantiate your claims.

Step 2: Sworn Affidavit

Some High Courts require the complaint to be accompanied by a sworn affidavit to discourage false or frivolous allegations​.

Step 3: Address the Complaint

• Address the complaint to the Chief Justice of the concerned High Court.
• Alternatively, if the complaint is about the Chief Justice of a High Court, it can be addressed to the Chief Justice of India (CJI) at the Supreme Court of India.

Step 4: Send the Complaint

• Send the complaint through registered post with an acknowledgement to ensure proof of delivery.
• Keep copies of the complaint and all supporting documents for your records.

Step 5: Follow Up

• Follow up with the office of the Chief Justice to check the status of your complaint. The judiciary may choose to take action or may decide not to proceed based on the merit and evidence presented.

3. Filing a Complaint Against a Supreme Court Judge

If the judge in question is from the Supreme Court, the process differs slightly:

• Draft the complaint and address it to the Chief Justice of India (CJI).
• Alternatively, you can address it to the President of India or the Union Law Minister. However, complaints against Supreme Court judges are rarely entertained unless backed by substantial and credible evidence.

4. Filing a Complaint Under the Judicial Standards and Accountability Bill (Not Yet Enforced)

The Judicial Standards and Accountability Bill, 2010, aimed to establish a formal procedure for filing complaints against judges of the Supreme Court and High Courts. While the bill introduced provisions for setting up a National Judicial Oversight Committee, it has yet to be enforced. Nevertheless, if it is enacted in the future, this law could streamline the complaint process.

5. Filing a Complaint Through the Bar Council

If you are a lawyer or a member of a legal association, you can also approach the Bar Council of India (BCI) or the State Bar Council. They may assist in filing a formal complaint if the misconduct involves the violation of ethical standards affecting a judge’s duty.

6. Impeachment of Judges: The Last Resort

In cases involving grave misconduct by judges of the Supreme Court or High Courts, the impeachment process is the final option. The Constitution of India lays down the procedure for the removal of judges under Article 124(4) for Supreme Court judges and Article 217(1)(b) for High Court judges.

The impeachment process involves:

1. A motion being introduced in Parliament, signed by a minimum number of members (100 in Lok Sabha or 50 in Rajya Sabha).
2. The formation of a committee to investigate the charges.
3. If the committee finds the judge guilty, the motion is debated and must be passed with a two-thirds majority in both houses of Parliament.

7. Limitations and Challenges in Filing Complaints

Filing a complaint against a judge in India is not without challenges:

• Lack of Transparency: Judicial complaints are often handled internally, and the outcome may not be made public.
• Protection of Judicial Independence: The judiciary is a pillar of democracy, and any action against a judge must ensure that judicial independence is not compromised.
• Legal Repercussions: If a complaint is found to be false or malicious, the complainant may face legal consequences, including contempt of court.

8. Alternative Avenues for Grievances

If filing a formal complaint is not feasible, consider other avenues:

• Approach the Chief Justice: Write directly to the Chief Justice of the concerned court, explaining your grievances and seeking intervention.
• Public Interest Litigation (PIL): File a PIL if the misconduct of a judge affects the public interest.
• Media and Legal Advocacy Groups: Some non-governmental organizations (NGOs) and legal advocacy groups may provide support in cases of judicial misconduct.

Conclusion

Filing a complaint against a judge in India is a serious matter that requires adherence to specific procedures and the presentation of credible evidence. It is essential to proceed with caution and integrity, ensuring that any allegations made are factual and well-documented. The Indian judicial system, while protective of its judges, also values accountability and transparency, thus providing citizens a mechanism to uphold judicial integrity.

References

[1] Filing of Complaints Against Biased Judges: Procedure, Available Here

[2] Guidelines of Grievances, Available Here

[3] The Judicial Standards and Accountability Bill, 2010, Available Here

[4] How are judges held accountable?, Available Here

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