New Delhi, September 25
Chief Justice of India K.G. Balakrishnan today expressed himself against “too much simplification” of the procedure for the removal of tainted High Court and Supreme Court judges as it would “certainly affect” the independence of the judiciary.
Acknowledging as “cumbersome” the present Constitutional provision, under which only Parliament has the power to impeach a judge of the HC or the SC on the recommendations of the CJI, he told reporters that this procedure was aimed at protecting the judiciary’s independence.
The CJI was replying to a question on the need for making the removal of judges easier in the light of several complaints of corruption and Calcutta High Court Judge Soumitra Sen’s refusal to heed his advice and resign after a three-judge committee had established his “misconduct” in depositing Rs 32 in his personal account when he was a court receiver.
Ultimately, the matter of removal of judges of the higher judiciary depended on the political decision, he pointed out. He, however, expressed the confidence that the political establishment would take the right move depending upon the “gravity” of the situation as the Prime Minister and others holding high offices were accountable to Parliament and the people.
The CJI was also asked about the comments of law minister H.R. Bhardwaj that the present collegium system for the appointment of judges for the higher judiciary had failed and Prime Minister Manmohan Singh’s remark about the changes needed in the judicial system.
He said it was for Parliament to consider whether changes were required. However, the issue should not be approached keeping some individual judges in mind. Judges should not be rendered jobless through a simple procedure.
Asked what would happen if the impeachment move against Justice Sen failed, the CJI said the judge concerned had not been allotted any work for more than a year now. “It is our prerogative” to take a decision if he was not impeached, he said, indicating that Justice Sen would continue to be without work in that eventuality.
On the Ghaziabad PF scam, he said none of the judges reportedly involved in it had been named as accused so far. About pending cases in various courts, he said efforts were on to fill up all vacancies.
