You can soon complain against erring judges
Our Political Bureau NEW DELHI
THE government on Thursday cleared a new bill seeking to enable the
common man to lodge a complaint against alleged misconduct by a judge of the
Supreme Court or High Court – barring the Chief Justice of India (CJI) –
with the National Judicial Council.
The draft bill, approved by the Union cabinet at its meeting here, is
likely to be introduced in the upcoming winter session. Interestingly, the
CJI has been excluded from the purview of the proposed legislation that will
replace the Judges (Inquiry) Bill, 1968. Unlike the latter Bill, which
provided for lodging of a complaint only through a reference procedure, that
is, via a motion by an MP, the new bill allows any person to initiate an
inquiry against a Supreme Court or high court judge by lodging a complaint
with the National Judicial Commission.
The NJC is proposed to comprise the Chief Justice of India, two
seniormost judges of the apex court and two senior-most chief justices of
high court to be appointed by the CJI. However, where the complaint is
against a judge of the Supreme Court, the NJC will have four seniormost
judges of the apex court along with the CJI as members. The new bill is said
to have been approved by Chief Justice YK Sabharwal, who had earlier
expressed reservations against the proposed mechanism to probe judges.
Interestingly, the draft Bill provides for a probe against judges who are
members of the NJC provided they exclude themselves from the proceedings.
The draft Judges (Inquiry) Bill incorporates a majority of the Law
Commission’s recommendations made in its 195th report. The bill proposes the
commencement of inquiries against Supreme Court and high court judges via
both the “complaint procedure” (which can be made to the Council by anyone)
and via the “reference procedure” (following a motion by Members of
Parliament).
The National Judicial Council will not have powers to impeach judges,
which remains reserved for Parliament and the President. However, it has
been conferred powers to impose a variety of “minor measures” against errant
judges including making a request for retirement, issuing advisories,
stoppage of assignment of judicial work for a limited time, warning, censure
or admonition.
The new complaint procedure has a provision for preliminary scrutiny and
verification by NJC. Where the allegations are proved, the Council shall
submit its report to the President who has to forward the same to
Parliament. While in the reference procedure, minor measures cannot be
imposed and removal was the only recourse available, under the complaint
procedure, minor measures could be imposed.