New Delhi, December 19
To make the judiciary more accountable by arming citizens with the right to file a complaint against Supreme Court or high court judges for their misbehaviour and incapacity to perform their duty, the government today introduced the Judges Inquiry Bill in the Lok Sabha, providing for the setting up of a national judicial council to probe such complaints.
It provided for the removal of an errant judge for serious misconduct and public censoring for lesser charges.
Introducing the bill, law minister H.R. Bhardwaj said it had been drafted keeping judicial independence in view, but at the same time, provided for judicial accountability.
It would replace the Judges (Inquiry) Act, 1968, under which the procedure of impeachment against an errant judge was found to be quite cumbersome.
“There is an urgent need for a legislation for establishing a national judicial council (NJC) to look into allegations of misbehaviour or incapacity of a judge of the Supreme Court or of a high court”, Mr Bhardwaj said. The NJC would comprise the Chief Justice of India (CJI) as chairman, two seniormost judges of the Supreme Court and two seniormost Chief Justices of high courts.
The bill provided for making a complaint against a judge by any individual either to the NJC or through a reference to the chairperson of the Rajya Sabha or the Lok Sabha Speaker.
In case the latter procedure was followed, a notice to this effect would have to given with the signatures of 50 MPs in the Rajya Sabha and 100 MPs in the the Lok Sabha.
If the complaint was against the CJI, the President would nominate the next seniormost judge of the apex court as chairman and its next seniormost judge would fill the slot of the fifth member.
The inquiry by the NJC would have to be completed within six months, whether on direct complaint or on reference from Parliament.
If the complaint was received from Parliament, the reference made to it would remain pending before the house till the inquiry was over.
If the charges of misconduct or incapacity were proved by the NJC on direct complaint, it would send its report for follow-up action to the President, who would place it before Parliament to initiate the procedure for removal of the judge.
In case the probe was done on reference by presiding officers of the Rajya Sabha or the Lok Sabha, the findings would have to be communicated to them for initiating proceedings for the removal by Parliament, motion of which would be sent to the President.
In case of the incapability of a judge to perform duty, including physical or mental incapacity, the NJC would have the power to set up a medical board for his examination.
