Half-baked measure

The judicial standards and accountability bill, which  has been hanging fire for many months, has been passed by the Lok Sabha, unfortunately without a debate. That shows the level of interest of the members in the conduct of members of the judiciary which has come into adverse attention in the recent past. The bill, which will now go to the Rajya Sabha, seeks to create a more effective mechanism to investigate and take action against judges who are accused of judicial misconduct. Law minister Salman Khurshid has said that its provisions maintain a balance between independence and credibility of judges on the one hand accountability on the other. It may be considered a step forward from the present system which makes it practically almost impossible to take action against an errant judge but falls short of providing for most effective  procedures  for the purpose.

The bill provides for setting up of an oversight committee to which any citizen can complain about the conduct of a judge, The committee will study the complaint and if necessary forward it to a scrutiny panel or an investigative committee. Based on the results of the scrutiny, the oversight committee can recommend action against a judge, which may vary from a warning, withdrawal of judicial work and transfer to a  call for resignation. It can also refer the matter to parliament. The final action against an errant judge still remains impeachment which experience has shown is very problematic though there have been many credible charges of corruption and misconduct against judges. Unwarranted comments by judges against any constitutional authority will also be now deemed misconduct. The punishment for leveling frivolous charges has been reduced from the stiff jail terms and fine envisaged in the original bill.

The bill seeks to replace the Judges Inquiry Act of 1968, which was very ineffective. It has to be seen from the working of the bill whether investigation of judges’ conduct and actions against them will be easier now.  There should be a detailed discussion of the provisions when the bill goes to the Rajya Sabha. There is the need to change the system of appointment of judges which is now the exclusive preserve of the judiciary. An independent system where both the judiciary and the executive have representation may be able to screen judges better at the time of appointment. This is as important as creating a system for taking action against errant judges.