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National council coming to probe complaints against higher judiciary

J. Venkatesan

New Delhi: The Union Cabinet on Wednesday gave its nod for introducing a newer version of the Judges (Inquiry) Amendment Bill 2008, in the coming session of Parliament, to make High Court and Supreme Court judges accountable for their acts, including corruption and incapacity.

The meeting decided to withdraw the Judges (Inquiry) Bill, 2006, introduced in the Lok Sabha on December 19, 2006. That measure drew criticism from a parliamentary committee and many retired judges for lacking the teeth to deal with cases of corruption in the higher judiciary.

The new Bill provides for establishing a National Judicial Council (NJC) to investigate and inquire into allegations of misbehaviour or incapacity on the part of a judge of the Supreme Court or of a High Court as well as regulate the procedure for investigation and inquiry. According to the government, the provisions of the new Bill would bring about transparency in the functioning of the judiciary, make judges more accountable and would also enhance its prestige.

In 1997, the Supreme Court passed two resolutions establishing in-house procedures for examining any complaint against a judge, and adopting “The Restatement of Values of Judicial Life” against which judicial conduct would be measured. The Bill seeks to give statutory backing for this procedure.

The NJC will comprise the Chief Justice of India (CJI); two seniormost judges of the apex court and two seniormost Chief Justices of the High Courts to be nominated by the CJI.

Any person can complain to the NJC against judges of the Supreme Court (except the CJI), and the Chief Justices and judges of the High Courts. If the complaint is against a Supreme Court Judge, the NJC will consist of the CJI and four seniormost judges of the apex court. If it is against the CJI, the CJI will not take part in the proceedings and the President shall nominate the next seniormost judge.

There is a provision for preliminary scrutiny and verification by the NJC. If a judge is proved guilty, the NJC can recommend his or her removal through impeachment by Parliament.

Where the proved misbehaviour does not warrant removal, the NJC can impose minor measures such as issuing advisory, requesting retirement; stoppage of assignment of judicial work for a limited time, and warning, censure or admonition (public or private). However, in the case of a reference by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha on a motion for removal, the NJC cannot impose or recommend any minor measure.

E. Sudarsana Natchiappan (Congress), who headed the parliamentary panel, told The Hindu that it recommended the setting up of an empowered committee outside the judiciary to scrutinise the complaints. He expressed the hope that this suggestion would be incorporated to ensure more transparency in the procedure.

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