Draft bill for judges scrutiny okayed

The draft Judicial Standards and Accountability Bill, 2010, which provides for subjecting judges of the apex court and high courts facing charges of misconduct to scrutiny of a high-level committee, will be introduced in the winter session of Parliament. The Bill lays down judicial standards and requires the judges in the higher judiciary to declare their assets and liabilities.

It seeks to replace the existing Judges Inquiry Act, 1968, while retaining its basic features. The Bill will provide for a National Judicial Oversight Committee (NJOC) that will consist of a retired chief justice of India, attorney general, a Supreme Court judge and a chief justice of a high court (both nominated by the CJI), and an eminent person nominated by the President.

If a complaint is made with the NJOC, it will be referred to a “scrutiny committee” that will have to submit its report in three month’s time.

After going through the report, the NJOC can issue a warning to the erring judge or, if more probe is needed, can ask the judge concerned to resign. For this, the NJOC can set up a separate panel.

The scrutiny panel will be set up at the Supreme Court and at every high court. In the apex court, the committee will consist of a retired CJI and two SC judges and at the high courts, it will consist of a retired CJ and two high court judges.

At present, there is no legal provision to deal with complaints filed against judges at the Supreme Court and high courts. Also, there is no law that requires the judges in the higher judiciary to declare their assets and liabilities and also there is no statutory sanction for judicial standards.

Union Minister Ambika Soni, who briefed presspersons after a Cabinet meeting, said the enactment of the Bill would address all concerns on the need to ensure accountability of higher judiciary. The Bill was first introduced in the 14th Lok Sabha and sent to a Parliamentary standing committee and got lapsed following dissolution of the House.