Justice Varma Case: Judicial Transfers and NJAC Debate

Context:

Published on March 26, 2025, this article from The Hindu delves into the controversy surrounding Delhi High Court Justice Yashwant Varma, following the discovery of burnt cash at his residence on March 14, 2025. The Supreme Court Collegium’s decision to repatriate him to the Allahabad High Court has reignited discussions on judicial transfers and the scrapped National Judicial Appointments Commission (NJAC), reflecting broader issues of judicial accountability and appointment processes as of March 27, 2025.

Key Information Points:

• Incident Trigger: On March 14, 2025, a fire at Justice Yashwant Varma’s Delhi residence revealed burnt wads of cash, sparking allegations of misconduct.
• Initial Response: Justice Varma was absent during the fire; his family called the fire brigade, and police arrived but were asked to leave by his personal assistant, delaying official reporting by eight hours.
• Judicial Action: On March 22, 2025, Chief Justice of India (CJI) Sanjiv Khanna withdrew Justice Varma’s judicial work and formed a three-member inquiry committee comprising Justices Sheel Nagu, G.S. Sandhawalia, and Anu Sivaraman.
• Collegium Decision: On March 20 and 24, 2025, the Supreme Court Collegium recommended repatriating Justice Varma to his parent Allahabad High Court, where he will rank ninth in seniority.
• Inquiry Progress: The committee visited Varma’s residence on March 25, 2025, and Delhi Police inspected it on March 26, analyzing CCTV footage; the Supreme Court released images of the incident on March 22.
• Bar Reaction: The Allahabad High Court Bar Association began an indefinite strike on March 25, 2025, opposing the transfer and alleging evidence tampering, urging the CJI to reconsider and initiate impeachment proceedings.
• Legal Hurdle: A 1991 Supreme Court ruling (K. Veeraswami case) mandates CJI approval for registering an FIR against a sitting judge, delaying formal police action despite a petition filed for investigation.
• CJI Assurance: On March 26, 2025, CJI Khanna promised to list the FIR petition and met Bar leaders on March 27, who demanded Varma’s transfer withdrawal and judicial accountability standards.
• Transfer Process: High Court judges are appointed under Article 217 and can be transferred under Article 222 by the President after Collegium consultation, typically for administrative reasons or public interest, not as punishment.
• Varma’s Background: Elevated to Delhi High Court in October 2021 from Allahabad, Varma’s transfer back reverses a prior shift, independent of the ongoing inquiry per the Supreme Court.
• NJAC Context: The National Judicial Appointments Commission (NJAC), enacted via the 99th Constitutional Amendment in August 2014, aimed to replace the Collegium with a six-member body (CJI, two senior SC judges, Law Minister, two eminent persons).
• NJAC Struck Down: In October 2015, the Supreme Court (4:1) declared NJAC unconstitutional, citing violation of judicial independence—a basic structure of the Constitution—restoring the Collegium system.
• Political Revival: Vice President Jagdeep Dhankhar, in a March 25, 2025, Rajya Sabha speech, argued NJAC could have ensured accountability, criticizing Collegium opacity and suggesting its civil society inclusion as a safeguard.
• Collegium Critique: Dhankhar noted the Collegium’s secretive records, accessible only to the CJI, hinting at potential judicial-executive trade-offs, a view echoed by Justice Chelameswar’s 2015 dissent.
• Government Stance: The Union government has not yet approved Varma’s transfer, amid calls from both government and opposition to reform the Collegium system.

Key Terms:

• Collegium System: Judicial self-appointment mechanism led by the CJI and senior judges.
• NJAC: National Judicial Appointments Commission, a struck-down body for judicial appointments.
• Judicial Independence: Judiciary’s autonomy from executive/legislative interference, a constitutional pillar.
• Repatriation: Transfer of a judge back to their parent High Court.
• Article 222: Constitutional provision enabling High Court judge transfers by the President.
• In-House Inquiry: Internal judicial probe into allegations against a sitting judge.
• Basic Structure: Core constitutional principles, like judicial independence, un–amendable by law.

Link To The Original Article – https://www.thehindu.com/news/national/justice-yashwant-varma-case-how-high-court-judges-are-repatriated-and-why-the-njac-was-struck-down/article69377880.ece