New Delhi: Chairman of the Law Commission Justice M. Jagannadha Rao on Tuesday submitted a report on the Judges' Inquiry Bill, 2005 to Union Law Minister H.R. Bhardwaj.

The Commission has made a comprehensive study suggesting changes in the proposed draft of the Bill, prepared by the Law Ministry. It deals with the procedure for removal of the judges of the Supreme Court and High Courts. This is the 195th report of the Commission.

The original Bill was intended to make judges of the Supreme Court and the High Courts accountable for their actions, including corruption and incapacity. It also envisaged a procedure for investigation and proof of misbehaviour or incapacity of a judge, and for presentation of an address in Parliament and matters connected therewith.

The Government sent the Bill to the former Chief Justice of India, R.C. Lahoti, and sought his comments. After the comments were received, the Bill was referred to the Law Commission in November 2005.

Sources told The Hindu that the Commission had suggested substantial changes in the Bill. However, in view of the stipulation that its reports should not be released before placing them in Parliament, the panel was unable to provide the press with a gist. Sources said the Bill was likely to be introduced in the Budget session of Parliament.

The Bill, seeking to repeal the 1968 Act, in its original form contemplated establishment of the National Judicial Council comprising the Chief Justice of India as Chairperson, two seniormost Judges of the apex court and two seniormost Chief Justices of the High Courts to be nominated by the Chief Justice of India. Whether the concept of National Judicial Council is still retained in the Bill is not clear.

Should furnish affidavit

Under the original Bill a person who makes a complaint against a judge should furnish an affidavit. The Council 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 the charges. The Council will communicate its findings and recommendations to the President.

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