The Hindu : National : “Parliament’s powers to impeach a Judge should not be diluted”

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Sunday, Aug 19, 2007
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“Parliament’s powers to impeach a Judge should not be diluted”

J. Venkatesan

New Delhi: The Department Related Parliamentary Standing Committee on the Ministry of Law and Justice has suggested that the duty entrusted to Parliament with regard to impeachment of a Judge under Article 124 of the Constitution should not be delegated or shifted to the National Judicial Council (NJC), whose members are chosen from the higher judiciary.

In its 21st report on the Judges (Inquiry) Bill, 2006, laid in both Houses of Parliament on Friday, the Committee under the chairmanship of E.M. Sudarsana Natchiappan, says the constitutional obligation entrusted to Parliament should not be diluted or shifted to any other institution or body.

The Bill, introduced in Parliament last year, seeks to establish an NJC to undertake preliminary investigation and inquire into allegations of misbehaviour or incapacity of a Judge of the Supreme Court or of a High Court. It also seeks to regulate the procedure for such investigation, inquiry and proof and to impose minor measures and for the presentation of an address by Parliament to the President. The Bill was referred to the Committee for its examination. The Committee focused on three specific issues pertaining to the infringement of the exclusive right of Parliament under Article 124; the composition of the NJC and allowing any person to make a complaint against a member of the higher judiciary. In its report the Committee notes that the proposed composition of the NJC rests on the premise that inquiry and investigation against an errant judge is best left to the peer group and this Bill seeks to provide a statutory basis to the existing in-house peer review.

The Committee has suggested that the powers of Parliament to impeach a Judge in no case be diluted or shifted to any other institution. On the second issue, it says either the NJC should be made a broad based committee having representation from the Executive, Parliament, Bar or an “Empowered Committee” consisting of representatives from the NJC, Executive, Parliament and Bar should be there to be a preliminary part of the investigative machinery.

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