Laws applicable to the Republic of India
How to File Complaints Against the Subordinate Judiciary
Judicial Misconduct
Mandatory Affidavit Requirements for Complaints Against Judicial Officers
F. No: L-15011/50/12-Jus.
Government of India
Ministry of Law & Justice
Department of Justice
Jaisalmer House, 26, Mansingh Road,
New Delhi – 110011
Dated: 31st December, 2014
To
The Registrar General
All High Courts
Subject: Guidelines for dealing with complaints against the subordinate judiciary – regarding
Sir/Madam,
As you are aware, the Hon’ble Chief Justice of India, vide D.O. No. CJI/CC/Comp/2014/1405 dated 03.10.2014, addressed to the Chief Justices of all High Courts, has advised that neither the High Courts nor the subordinate judiciary should entertain any complaint against a judicial officer unless it is accompanied by sworn affidavits and verifiable material supporting the allegations.
Expressing concern over the large number of complaints being filed against the subordinate judiciary—often by individuals with vested interests or personal agendas—the Hon’ble Chief Justice of India has directed that the authenticity of such complaints must be verified before any action is initiated.
In view of Article 235 of the Constitution, further action relating to grievances or complaints against judicial officers falls within the jurisdiction of the High Courts. All Chief Justices have therefore been requested to give adequate publicity to the guidelines communicated on 3rd October 2014.
Accordingly, you are requested to ensure wide publicity of these guidelines, including through the websites of the High Courts and the subordinate courts under their control, so that litigants with grievances or complaints are aware of the procedure that must be followed.
The Department of Justice may be informed of the action taken in this regard. Once adequate publicity has been given to these guidelines, complaints or grievances received in the Department can be responded to with reference to the established procedure.
Yours faithfully,
(Y. M. Pande)
Director (Justice)
Telefax: 23072135
Practical Guidelines for Filing a Complaint Against a Subordinate Judicial Officer
1. Understand Where to File the Complaint
Complaints against subordinate judges must be filed with the concerned High Court, as administrative control over the subordinate judiciary (District court level) lies with the High Court (Article 235 of the Constitution). In the Calcutta High Court before Registrar Vigilance.
You should NOT send such complaints directly to the Ministry or the Supreme Court.
**2. Prepare a Sworn Affidavit
This is mandatory as per the Chief Justice of India’s direction.
Your affidavit (Client/Lawyer) must include:
- Your full name, address, and contact details
- A clear statement of facts describing the misconduct
- Each allegation stated on oath, affirming it is true to your knowledge
- Your signature and attestation by an Oath Commissioner/Notary
Complaints without a sworn affidavit will not be entertained.
3. Attach Verifiable, Concrete Evidence
Include documentary or material proof supporting your allegations, such as:
- Certified copies of court orders
- Audio/video recordings (if legally obtained)
- Correspondence, notices, or procedural records
- Witness names or statements (if available)
Unsupported allegations or personal opinions are not considered.
4. Write a Clear, Structured Complaint
Your complaint letter should include:
- Header
- Your details
- Case number (if any)
- Name of the judicial officer
- Name of the court
- Summary of Misconduct
- Specific incidents
- Dates and procedural details
- How the misconduct occurred
- List of Evidence Attached
- Request for Inquiry/Action
5. Submit the Complaint Properly
You may submit your complaint:
A. By Registered/Speed Post
Send it to the Registrar General of the relevant High Court.
B. By Physical Submission
Submit at the High Court’s filing/receiving counter.
C. Through Official Email/Online Portal (if provided)
Some High Courts provide complaint email IDs or grievance portals.
Check the official website of the concerned High Court.
6. Avoid These Common Mistakes
Do NOT:
- File anonymous complaints
- Make baseless allegations
- File complaints motivated by personal grievance, case outcome, or pressure
- Circulate the complaint publicly or on social media
- File simultaneously with multiple authorities
Such complaints may be ignored or treated as misuse.
7. Follow Up Respectfully
After 30–60 days, you may write a polite follow-up letter to the High Court requesting status.
Do NOT repeatedly call, pressure, or interfere in the process.
8. Maintain Confidentiality
Proceedings relating to judicial officers are confidential.
The High Court may not share detailed updates, but will confirm receipt.
9. Possible Outcomes
After review, the High Court may:
- Seek clarification from you
- Conduct a preliminary inquiry
- Call for an explanation from the judicial officer
- Initiate departmental/disciplinary proceedings
- Close the complaint if baseless
10. When Not to File a Complaint
Complaints cannot be used to challenge judicial decisions.
If you are unhappy with an order, the correct remedy is:
- Appeal, revision, or review—not a complaint.
Read More
Judges (Inquiry) Act, 1968: Failure of Dealing With Judicial Misconduct of HC and SC Judges