Bill on accountability of judges introduced in LS

The much-delayed Judicial Standards and Accountability Bill, 2010 proposes to make provisions for declaration of assets and liabilities by judges within 30 days of assuming office and also lays down certain guidelines for them.

The measure assume significance in the wake of recent cases involving allegations of misconduct against the judiciary prompting even the Supreme Court to comment on the 'uncle judge' syndrome in the Allahabad High Court.

The bill, tabled by Law Minister M Veerappa Moily amid din created by the Opposition demanding a JPC probe into 2G spectrum allocation, provides for setting up a five-member National Judicial Oversight Committee to be headed by a former Chief Justice of India.

Other members of the apex committee would be a Supreme Court judge, a Chief Justice of a High Court, an eminent person nominated by the President and the Attorney General of India, who would be the ex-officio member.

The bill seeks to replace the Judges (Inquiry) Act, 1968 while retaining its basic features. Under the new measure, a judge not facing serious charges may be let off after a warning or issuance of advisory. However, if any judge faces serious charges, that would require further probe, that particular judge may be asked to step down.

"And if he (the judge in question) fails to do so, then (the Oversight Committee can) advise the President to proceed for the removal of the judge and the President shall refer the matter to Parliament."

According to the guidelines or code of conduct, the judges should not have close association with individual members of the bar and not allow any member of their immediate family to appear before them in courts.

The proposed law expects judges not to contest election to any office of club, society or other association, except those associated with the law or any court.

According to its 'Judicial Standards', the members of the higher judiciary should have no bias in judicial work or judgements on the basis of religion, race, caste, sex or place of birth.

The assets and liabilities of the judges of the Supreme Court, including that of the Chief Justice of India, will be displayed on the website of the apex court. A similar exercise will be undertaken by the High Courts.

As of now, there is no law that requires the judges of the Supreme Court and the High Courts to declare their assets and liabilities. There is also no statutory sanction for judicial standards.