The Hindu : Bill to set up judicial commission in budget session

Online edition of India's National Newspaper
Saturday, Jan 18, 2003

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National

Bill to set up judicial commission in budget session

By J. Venkatesan

NEW DELHI Jan. 17. The Centre has proposed to introduce a bill for setting up a National Judicial Commission in the budget session of Parliament. The NJC would be empowered to appoint judges to the High Court and the Supreme Court and take disciplinary action against judges for proven misconduct.

Sources in the Union Law Ministry say that the Union Law Minister, Jana Krishnamurthi, has written to 52 leaders of political parties and individuals seeking their response to the proposal so that the bill would have a smooth passage. And he is to hold an all-party meeting by the end of this month and hear their views. Though the response has been lukewarm so far, Mr. Krishnamurthi is confident of pushing through the bill on the negotiating table.

The Government feels that the in-house mechanism evolved by the Supreme Court to deal with corruption and misconduct in judiciary has been a failure, going by the recent reports of alleged misdemeanour of some judges of the High Courts of Punjab and Haryana, Karnataka and Rajasthan. And that despite prompt action by the former Chief Justice of India, G.B. Pattanaik, nothing concrete emerged out of the in-house mechanism which had neither legal nor constitutional status.

The charges of misconduct against some senior judges have dented the image of the judiciary, prompting the Government to go ahead with the move to set up the NJC. Also, the inordinate delay in making appointments to the higher judiciary is causing concern and only a Commission can ensure that these vacancies are filled expeditiously, the sources say.

The Bar Council has urged the executive and the judiciary to find a suitable mechanism to curb judicial corruption. The National Commission to Review the working of the Constitution has also suggested the setting up of the NJC. Hence, the Government is keen on putting in place the NJC despite the opposition voiced by successive Chief Justices and despite the fact that the Commission would be headed by the CJI with two senior-most judges of the Supreme Court, two Chief Justices of the High Courts and the Union Law Minister as other members. The Commission can also co-opt senior members of the Bar.

In 1997, the United Front Government introduced a bill to set up the Commission but it lapsed following the dissolution of the Lok Sabha. The latest incidents involving judges of the higher judiciary have compelled the Centre to bring back this bill. The Centre feels that the Commission could deal with the appointment of judges, transfers, promotions and disciplinary action effectively without impinging on judicial independence.

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