The Hindu : National : Bill to make judges more accountable

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Friday, Jul 01, 2005

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National

Bill to make judges more accountable

J. Venkatesan

Will regulate the procedure for probe

National council with the Chief Justice of India as chairperson to be set up
An affidavit must support complaint

If a judge is found guilty, the findings will be laid before Parliament for impeachment

NEW DELHI: With a view to making High Court and Supreme Court judges accountable for their actions, including corruption and incapacity, the Centre proposes to introduce a Bill in the monsoon session of Parliament.

The Judges (Inquiry) Bill, 2005 seeks to regulate the procedure for investigation and proof of misbehaviour or incapacity of a judge. The Bill, which seeks to repeal the 1968 Act, contemplates establishing a National Judicial Council comprising the Chief Justice of India (CJI) as chairperson, two seniormost judges of the apex court and two seniormost Chief Justices of the High Courts to be nominated by the CJI.

A complaint against a judge will be forwarded to the NJC for investigation; if the complaint is against an NJC member, the CJI will nominate the next seniormost judge of the apex court. If the complaint is against the CJI, he will not take part in the proceedings and the President will nominate the next seniormost judge of the apex court.

A person who complains against a judge of misbehaviour or incapacity shall furnish an affidavit. The Council may also conduct an investigation into any act or conduct of any person other than the judge concerned and frame charges. The judge will be given an opportunity to answer the charges.

The Council will communicate its findings and recommendations to the President. If the Council makes out a prima facie case against the judge, the President will get the findings laid before Parliament for impeachment. During the pendency of investigation or impeachment proceedings, the Council may recommend stoppage of assigning judicial work to the judge concerned, if it is necessary for an impartial probe.

The Council is empowered to issue from time to time a code, consisting of guidelines for the conduct and behaviour of judges.

The code will provide for annual disclosure of their assets and liabilities to the CJI or the Chief Justice of the High Courts as the case may be.

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