SDPI Demands Supreme Court Reinstate In-House Inquiry into Justice Yadav’s Conduct

BM Kamble, National Vice President of the Social Democratic Party of India, expresses grave concern over the Rajya Sabha Secretariat’s intervention in halting the Supreme Court’s in-house inquiry into controversial remarks made by Allahabad High Court Judge Justice Shekhar Kumar Yadav at a Vishwa Hindu Parishad event on December 8, 2024. This action raises serious questions about the independence of the judiciary and the potential influence of the ruling National Democratic Alliance, led by the Bharatiya Janata Party, in protecting a judge whose remarks align with its ideological affiliates.

Justice Yadav’s statements, characterized by inflammatory and majoritarian rhetoric targeting the Muslim community, violate the constitutional principles of secularism, equality, and justice enshrined in Article 14. Such remarks from a sitting judge not only risk deepening communal divides but also erode public confidence in the judiciary’s impartiality. The VHP’s close ties to the BJP and the Sangh Parivar amplify concerns that the Secretariat’s assertion of exclusive parliamentary jurisdiction may reflect an intent to shield Justice Yadav from accountability, prioritizing partisan interests over constitutional integrity.

The Supreme Court’s in-house inquiry mechanism is a critical tool for addressing judicial misconduct without escalating to the politically complex impeachment process.The Rajya Sabha Secretariat’s intervention in March 2025, claiming sole authority over the matter, oversteps its constitutional role and undermines the judiciary’s autonomy to self-regulate. The lack of transparency regarding the Secretariat’s communication, coupled with Justice Yadav’s failure to issue an apology despite widespread public outcry, signals a troubling reluctance to address conduct that threatens India’s democratic fabric.

The SDPI is particularly alarmed by the judiciary’s decision to drop the probe, especially given the NDA’s parliamentary dominance, which makes impeachment proceedings unlikely to succeed. This impasse risks leaving Justice Yadav’s actions unaddressed, further damaging public trust in democratic institutions. The alignment of the judge’s remarks with the BJP’s ideological agenda, as evidenced by the VHP’s endorsement, suggests a potential vested interest in protecting divisive rhetoric that resonates with the ruling party’s voter base.

The SDPI demands immediate transparency from the Rajya Sabha Secretariat regarding its intervention and calls on the Supreme Court to reinstate an impartial in-house inquiry into Justice Yadav’s conduct. We urge all stakeholders to uphold judicial independence and safeguard the constitutional values of equality and secularism. The ruling NDA must refrain from leveraging parliamentary mechanisms to shield actions that undermine national cohesion and take proactive steps to restore public faith in India’s judiciary.