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  India   Move to revive bill on probe against judges

Move to revive bill on probe against judges

AGE CORRESPONDENT WITH AGENCY INPUTS
Published : Feb 8, 2016, 4:45 am IST
Updated : Feb 8, 2016, 4:45 am IST

The Narendra Modi government is learnt to be thinking of bringing afresh a bill that seeks to change the present system of probing complaints of “misbehaviour and incapacity” against Supreme Court and

The Narendra Modi government is learnt to be thinking of bringing afresh a bill that seeks to change the present system of probing complaints of “misbehaviour and incapacity” against Supreme Court and high court judges.

The government wants to bring afresh the Judicial Standards and Accountability Bill, that was brought earlier by the previous UPA government, but lapsed after the dissolution of the 15th Lok Sabha in 2014. “A mandate to inculcate independence, impartiality and accountability among judges should be considered without delay. This could be done by reintroducing a modified Judicial Standa-rds and Accountability Bill,” according to a note issued by the law ministry.

Responding to a Lok Sabha question in December last year, law minister D.V. Sadananda Gowda had said: “The Judicial Standards and Accountability Bill has lapsed. We are working on it.” He had said any decision will be taken “after taking suggestions from stakeholders”.

The ministry note, prepared for the 9th meeting of the advisory council of the National Mission for Justice Delivery and Legal Reforms to be held here later this month, states the new bill could be further strengthened.

It says questions whether it would be feasible to penalise those making frivolous complaints that are confidential, whether the scrutiny panel should have judges from the same high court and if having non-judicial members in the oversight committee will be acceptable to judiciary need to be answered.

“Clarity regarding the process of inquiry, power to impose punishment (minor measures), the extent to which minor measures are enforceable... will also give teeth to the proposed legislation,” it says.

While the Judicial Standards and Accountability Bill was passed by the Lok Sabha in March 2012, it had undergone changes in the Rajya Sabha after protests by the judiciary and jurists who questioned some of its provisions.

The lapsed bill provided for a comprehensive mechanism for handling complaints made by citizens on grounds of alleged misbehaviour and incapacity against judges of the Supreme Court and high courts. It provided a mechanism to take action against those found guilty after a thorough probe. It also laid down judicial standards and made it incumbent on judges to declare their assets and liabilities.

It says a National Judicial Oversight Committee for Judicial Accountability could be set up comprising the Chief Justice of India, representing the judiciary, the law minister, representing the legislature, and an eminent person representing civil society.

The National Judicial Oversight Committee could then develop its own procedures and make rules for creation of similar structures at the state level as well, it suggests. The advisory council of the National Mission for Justice Delivery and Legal Reforms is chaired by the law minister and has the attorney-general, a representative from the Bar Council of India, the Law Commission chairman and an official from the Supreme Court registry as members.

Location: India, Delhi, New Delhi