The Hindu : National : ‘Set up National Judicial Commission’

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Wednesday, Sep 17, 2008
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National

‘Set up National Judicial Commission’

J. Venkatesan

New Delhi: A Rajya Sabha member, Parimal Nathwani, has suggested to Prime Minister Manmohan Singh to set up a National Judicial Commission (NJC) with powers to inquire into complaints against judges and to transfer them for misconduct.

In a recent letter to Dr. Singh, Mr. Nathwani said that he had taken up the issue regarding vacancies in the High Courts and also working conditions and poor pay structures of the Supreme Court and High Court Judges.

He pointed out that the Constitution (67th Amendment) Bill 1990 — providing for a frame work for the NJC which would recommend appointment of Judges and their working conditions — was introduced in the Lok Sabha but it could not become a law.

As a result the NJC could not be constituted and appointment of judges was being made as per the Supreme Court judgments.

“This adhocism has hit the High Courts and the Supreme Court the worst.”

Methodology

“The most important question is of obtaining good judges in the Supreme Court and the High Courts. The vacancies in the High Courts are large. The reason is that suitable bar members are not prepared to work as judges because of the poor working conditions and low pay structure. The ideal methodology to avoid this [situation] is the establishment of the NJC which would decide the working conditions and pay structure of judges and this should be a regular periodical exercise,” he said.

More powers sought

The Commission should have powers to transfer judges and inquire into complaints against them, a mechanism — which would prevent unilateral transfers and/or inquiries, the apprehension of which preclude efficient bar members from accepting judgeship.”

The MP urged the Prime Minister to ensure the setting up of the NJC at the earliest.

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