K. Veeraswami vs Union of India case

The Vice-President of India, Shri Jagdeep Dhankhar has stated that it is time to revisit the K. Veeraswami vs Union of India and Others judgement of 1991. In his address he stated, “ The genesis of this impregnable cover is a judgment imparted by the Supreme Court in K. Veeraswami case 1991.

Background of the K. Veeraswami Case (1991)

• Case Citation: K. Veeraswami v. Union of India & Others, AIR 1991 SC 191
• Context: The case concerned the former Chief Justice of the Madras High Court, Justice K. Veeraswami, who was alleged to have amassed wealth disproportionate to his known sources of income.
• Legal Question: Could a sitting or retired High Court judge be prosecuted under the Prevention of Corruption Act, 1988, and if so, what is the procedure?

Key Findings of the Judgment

• Judges Are Public Servants: The Supreme Court held that judges of the High Courts and Supreme Court are public servants under the Prevention of Corruption Act, 1988.
• Requirement of CJI’s Approval:
  • Before any criminal investigation or registration of an FIR against a sitting judge of a High Court or the Supreme Court (or a former judge if the alleged offence pertains to their term), the approval of the Chief Justice of India (CJI) must be obtained.
  • This requirement was meant to safeguard judicial independence from frivolous or politically motivated accusations.