New Delhi: To make High Court and Supreme Court judges accountable for their actions, including corruption and incapacity, the Centre will introduce the Judges (Inquiry) Bill, 2005 in the winter session of Parliament.

The Bill seeks to regulate the procedure for investigation and proof of misbehaviour or incapacity of a judge, and for presentation of an address in Parliament and matters connected therewith, Law Minister H.R. Bhardwaj told a press conference here on Friday.

The Bill, seeking to repeal the 1968 Act, contemplates establishment of the 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.

Asked whether Justice R.C. Lahoti, CJI, had given his views on the Bill, the Minister said comments were received and "we have included the suggestions."

Withdrawal of work from judges against whom complaints existed could be decided by the collegium of judges.

"Nobody is above law"

Asked whether complaints could be given even against the CJI, Mr. Bhardwaj said, "nobody is above the law and the council will be a totally autonomous body with self-correcting measures."

Under the Bill, 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 himself, he will not take part in the proceedings and the President will nominate the next seniormost judge.

A person who gives a complaint against a judge should furnish an affidavit. The NJC may also investigate any act or conduct of any person other than the judge concerned and frame charges. The judge will be given an opportunity to answer to the charges.

The council will communicate its findings and recommendations to the President. If the NJC makes out a prima facie case against the judge, the President will cause the findings to be laid before Parliament for impeachment.

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