Even as the government is likely to convene an all-party meeting to discuss the issue of cash found at the home of a Delhi High Court judge – Justice Yashwant Varma.
Sources said the Centre wants to hear the views of all parties and is likely to float an idea to try and implement a new judicial accountability law somewhat similar to the earlier National Judicial Appointments Commission (NJAC).
The move comes after Rajya Sabha Chairperson Jagdeep Dhankhar’s meeting met the floor leaders of various parties on Tuesday.
Sources stated that the Narendra Modi government is mulling the NJAC-like law for judicial accountability following a high-profile scandal. The incident, which has sent shockwaves through the judiciary and political circles, has reignited a long-standing debate over judicial accountability and the process of appointing judges in India.
The controversy erupted earlier this month when a fire broke out at the official residence of Delhi High Court Justice Yashwant Varma on Tughlaq Road during Holi festivities on March 14. Emergency responders, while extinguishing the blaze, reportedly discovered a significant amount of cash in an outhouse on the property.
The discovery prompted an immediate in-house inquiry by the Delhi High Court, with Chief Justice of India (CJI) Sanjiv Khanna directing the Delhi High Court Chief Justice to submit a detailed report. Justice Varma has since been withdrawn from judicial duties, and the Supreme Court Collegium has proposed his transfer to his parent court, the Allahabad High Court, though this decision is stated to be independent of the ongoing inquiry.
The incident has provided fresh ammunition to critics of the current Collegium system—a mechanism where senior judges appoint their peers—highlighting its perceived lack of transparency and accountability.
Sources within the ruling National Democratic Alliance (NDA) suggest that the government is likely to seize this opportunity to push for a new law for judicial accountability.
The NJAC was originally introduced in 2014 to replace the Collegium system. The NJAC, established through the 99th Constitutional Amendment Act and the NJAC Act of 2014, aimed to create a more balanced and transparent process for judicial appointments by involving the executive and eminent persons alongside the judiciary.
It was passed with overwhelming support in Parliament and ratified by 16 state assemblies, only to be struck down by the Supreme Court in 2015. In a 4:1 verdict, the apex court ruled that the NJAC violated the judiciary’s independence, a cornerstone of the Constitution’s basic structure, thereby reinstating the Collegium system.
However, the recent scandal has shifted the narrative. Vice President Jagdeep Dhankhar, who also serves as the Rajya Sabha Chairman, raised the issue in Parliament on March 22, lamenting that the NJAC—once hailed as a historic reform—could have addressed such “malaise” in the judiciary.
The Bharatiya Janata Party has long criticized the Collegium system for fostering nepotism and opacity. The cash recovery scandal has bolstered their argument, with party insiders suggesting that the government sees this as a pivotal moment to challenge the judiciary’s dominance in appointments. “The Collegium system has shown its flaws time and again. This incident is a wake-up call for systemic change,” a senior BJP leader said on condition of anonymity.
The revival of the NJAC-like law remains a possibility, though it would likely face fierce resistance from some parts of the opposition and another legal battle in the Supreme Court.
