Higher judges would now be made accountable to the public for alleged acts of misconduct and corruption as the long-awaited Judicial Standards and Accountability Bill 2010 wins Cabinet approval as an Oversight Committee is being set up.
The high-level committee will be headed by a former Chief Justice of India and will consist of four other members including the Attorney General, a Supreme Court Judge, a former Chief Justice of a high court and an eminent personality nominated by the President of India.
This committee that will be responsible for formulating regulatory guidelines for monitoring the judges of the Supreme Court and High Courts and shall also be empowered to place restrictions on those affiliated to public work.
The Hindu reported:
"In the case of a complaint against a Supreme Court Judge, the scrutiny panel will consist of a former Chief Justice of India and two sitting Supreme Court judges, and in the case of a complaint against a High Court judge, the panel will have a former Chief Justice of the High Court and two of its sitting judges. The members of the Supreme Court panel will be nominated by the Chief Justice of India, and that of the High Court panels by the Chief Justice of the High Court concerned."
The bill is going to replace the Judges (Inquiry) Act 1968 while there are expectations that it’ll help rid the judiciary of the incidents of corruption which have been reported recently.
It will bestow the committee with the power to remove judges facing grave charges of misconduct and provides for some other amongst those to be let off with mild warning.
In addition to above, the bill also proposes to make explicit provisions for declaration of assets and liabilities of the judges.
Information and Broadcasting Minister Ambika Soni told media that the the bill had been passed with some amendments, adding: "The enactment of the bill will address the growing concerns regarding the need to ensure greater accountability of the higher judiciary by bringing in more transparency and would further strengthen the credibility and independence of the judiciary."
A copy of the amended bill was not available to Legally India at the time of going to press – please do let us know if you get your hands on one.
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executive and the judiciary. This will further help in ensuring arrear free judiciay.
Honest and hard working judges have nothing to fear. On the contrary they are respected and honoured by the litigants, lawyers and the public at large. The dishonest and non-performing judges need to be shunted out.In democracy independent judiciary is needed, but not untransparent and unaccountable.Since the bill has to be passed by the Parliament, it is time for the Parliament members, Bar Council and other intellectuals to agitate and get membership. Let each House of Parliament elect one member for oversight committee. Similarly let Bar Council elect one member to be a member of the oversight committee. There must not be outside interference. Let India be land of laws, where rule of law and not man prevails.Let us wipe out the tears of every waiting litigant.
"A Parliamentary panel on Law and justice is said to have recommended inclusion of one MP each from the Lok Sabha and the Rajya Sabha in the Oversight Committee."It is highly disgusting that M.P.who are tainted with legal charges may also try to become member to influence judiciary & influence/blackmail rather.If it is indispensable to include M.P.then provision shall be made with a condition that only such member should be nominated who does not have any legal case pending with judiciary anywhere in India.Otherwise propose amendment should be ignored to make judiciary strong and independent.At present it is only judiciary who does not hesitate to give direction or decision to probe against corrupt politicians like A.Raja,Kanimoji,Kalmadi etc.which will not be possible after induction of politician as a member in inquiry/oversight committee.Let parliament should not involve itself in the judicial administrative proceedings,it shall give only directions to impart strength to judiciary through effective policy.
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