10-JUN-2025, 12:16 PM
In a strongly worded reaction to the recent development in the judiciary, Kapil Sibal, Rajya Sabha Member of Parliament and senior advocate, has expressed grave concerns over the ouster of Justice Yashwant Verma following an in-house inquiry. Sibal, known for his forthright opinions on judicial transparency and constitutional norms, has demanded greater accountability and public explanation behind the decision, calling it a critical moment for the independence of the judiciary in India.
The incident has triggered a debate on the opaque nature of in-house inquiries and the need for systemic reform in the way judges are evaluated and, if necessary, removed. As one of India’s most prominent legal minds, Kapil Sibal‘s remarks have reignited conversations around judicial independence, institutional integrity, and the balance between discretion and due process.
Kapil Sibal Questions Transparency in Justice Verma’s Removal
Concerns Over the In-House Enquiry Mechanism
Raising pointed questions about the lack of transparency in the process, Kapil Sibal highlighted how the judiciary’s internal mechanisms often function behind closed doors. According to him, while it is necessary to hold judges accountable, the process should not appear arbitrary or lacking in due procedural fairness.
“The removal of a sitting judge through an in-house inquiry, without a clear public rationale or judicial review, is deeply troubling,” said Sibal in a press briefing. “It raises fundamental questions about fairness, transparency, and the scope of judicial independence.”
Justice Yashwant Verma’s ouster has come as a surprise to many, particularly because there was no prior indication in the public domain about any serious misconduct or allegations. The sudden nature of the decision has only fueled suspicion and curiosity.
Kapil Sibal Advocates for Judicial Accountability With Transparency
A Call for Structural Reform in Disciplinary Proceedings
Kapil Sibal emphasized that while maintaining the sanctity of the judiciary is paramount, this cannot be done at the cost of secrecy. He proposed that the in-house inquiry mechanism, currently governed by guidelines issued by the Supreme Court, must be reviewed and brought under a more robust and transparent framework.
He questioned:
-
Why were the findings of the in-house committee not made public?
-
What specific charges were laid against Justice Verma?
-
Was Justice Verma given a fair opportunity to defend himself?
-
What are the implications for public trust in the judiciary when decisions are shrouded in opacity?
Sibal warned that the current structure can be misused or misinterpreted, especially in politically charged times. He argued that a mechanism as significant as removing a judge must include oversight, perhaps even by a judicial ombudsman or a public accountability panel.
Background: The Controversial Ouster of Justice Yashwant Verma
Justice Yashwant Verma, known for his contributions to constitutional law and civil liberties jurisprudence, was reportedly removed from judicial duties based on findings from an internal inquiry. The nature of the inquiry, its findings, and its procedural safeguards have not been made public. According to sources, the matter involved administrative irregularities rather than overt misconduct, further intensifying calls for transparency.
The judiciary has long defended in-house inquiries as necessary to preserve institutional discipline without sensationalizing internal matters. However, critics argue that this approach often leads to erosion of trust when the public is kept entirely in the dark.
Kapil Sibal has consistently argued for a more open judiciary. As a senior advocate who has appeared in several landmark constitutional cases, he maintains that judicial integrity is best preserved when the processes that uphold it are themselves above reproach.
Kapil Sibal: A Vocal Advocate for Judicial Reform
Continuing a Legacy of Legal Activism
This is not the first time Kapil Sibal has spoken out on issues concerning the judiciary. As a former Union Law Minister and one of the most seasoned voices in Parliament, Sibal has repeatedly pushed for reforms in judicial appointments, disciplinary processes, and the Collegium system.
He has also emphasized the importance of institutional checks and balances, arguing that no arm of the government, including the judiciary, should be immune from scrutiny.
“A democracy cannot afford to keep its judicial accountability system hidden from the public eye,” Sibal remarked during a televised interview. “We need a system that protects judges from political pressure, but also ensures that any lapses are dealt with in a fair, open, and reasonable manner.”
Political and Legal Reactions to Sibal’s Remarks
Sibal’s comments have drawn mixed responses from political and legal quarters. While several opposition leaders have echoed his call for reform, others from the ruling party have dismissed the remarks as “politically motivated.” Legal experts remain divided — some support the need for confidentiality in judicial matters, while others support Sibal’s stand for greater public disclosure.
However, regardless of the political divide, Kapil Sibal has succeeded in pushing the debate into the mainstream. The issue of how judges are disciplined, and the extent to which the public has a right to know, is now firmly in the national spotlight.
Moving Forward: What Kapil Sibal Proposes
Legal Framework for In-House Inquiries
In the wake of the controversy, Kapil Sibal has proposed the formation of a judicial reforms commission tasked with reviewing the entire in-house inquiry framework. He argues that:
-
The inquiry process must be codified into a legal statute
-
An independent body must oversee disciplinary proceedings
-
Judges must have recourse to appeal decisions affecting their tenure
-
Findings must be made available to Parliament, if not the public, in sensitive cases
Such measures, according to Sibal, would not only enhance the credibility of the judiciary but also shield it from unfounded criticism and allegations.
Conclusion: Kapil Sibal’s Stand Raises Fundamental Questions
The ouster of Justice Yashwant Verma may be seen as an internal matter by the judiciary, but Kapil Sibal’s intervention has turned it into a matter of national concern. His demand for transparency, fairness, and institutional reform reflects deeper anxieties within India’s democratic framework — the balance between independence and accountability.
Whether or not his recommendations are taken up remains to be seen, but one thing is clear: Sibal has once again emerged as a key voice in the battle for judicial reform. His consistent advocacy for openness in institutions continues to resonate with those who believe that justice must not only be done, but be seen to be done.
Source : ANI
