By recommending the impeachment of a High Court judge, the Chief Justice of India has revived a dead debate concerning the Indian judiciary. On August 2, 2008 in a letter addressed to the Prime Minister, the Chief Justice recommended the impeachment of judge Soumitra Sen of Calcutta High Court.
Judge Sen is accused of having been involved in financial misappropriation before he was appointed as a judge. It is reported that in 1984 while judge Sen was practising as a lawyer he was appointed as the receiver in a dispute concerning the Steel Authority of India. It is alleged that in the capacity of the receiver he misappropriated a sum of INR 2,500,000 [USD 59523], which judge Sen reportedly paid back on orders from the court. Later, he was appointed a judge at the Calcutta High Court in 2003.
A judge accused of corruption facing impeachment, a process by which a sitting judge could be removed from service in India, is nothing special. A corrupt public servant is not worthy of continuing in service and is least desirable to serve as a judge in a court of law, a public office that demands scrupulous impartiality and untainted personality. Anyone accused of a crime must be prosecuted and the crime investigated into. The fact that the accused is a judge must not provide the person with any immunity.
Judge Sen being the first person recommended for impeachment by a Chief Justice of India does not mean that the judiciary is immune from corruption and other vicious practices. There are similar allegations against some judges in India. But not a single judicial officer was impeached so far. The only exception was the case of judge V. Ramaswami who faced impeachment in 1991, an attempt that failed due to the absence of a political consensus. It is expected that history will not be repeated. If it is repeated it would be a shame upon the Indian judiciary and its accountability.
The accountability of judges, particularly in the context of increasing allegations of malpractices resorted to by judges is a grave concern in India. As of now there is no open process for the selection, promotion and if required the dismissal of High Court or Supreme Court judges in the country. The entire process is retained within the whims of the Supreme Court. All attempts so far to enforce accountability on the judiciary were vetoed by the judiciary itself. There is also the absence of a political consensus over this issue.