Cabinet clears judicial accountability bill
The Union Cabinet on Tuesday approved the much-delayed Judicial Standards and Accountability Bill, making the judges of the Supreme Court and high courts subject to scrutiny of a high-level committee. A five-member oversight committee, headed by a former Chief Justice of India, will be formed as part of the Judicial Standards and
Accountability Bill that will look into complaints of misconduct by judges. Other members of the top committee would be a Supreme Court judge, a Chief Justice of a high court, the Attorney-General of India and an eminent person nominated by the President.
Briefing reporters after the Cabinet meeting, Union information and broadcasting minister Ambika Soni stated that the bill provides a mechanism for enquiring into complaints against the judges of the Supreme Court and the high courts.
“The enactment the law will address the growing concerns regarding the need to ensure greater accountability of the higher judiciary. The bill is expected to strengthen the credibility and independence of the judiciary,” Ms Soni stated. The proposed law, which seeks to replace the Judges (Inquiry) Act, 1968, is expected to be introduced in Parliament during the Winter Session.
“The bill provides for several punishments from asking judges to step down in case of serious charges and provision of warnings to judges not facing serious charges,” she added. Under the existing laws, the only option available for action against an errant member of the judiciary is impeachment.
The bill has provision for setting up of committees to which cases will be referred by the oversight committee. The I&B minister stated that a screening committee will be in place for the Supreme Court and in each of the 21 high courts. A former Chief Justice of India and two judges of the top court will be members of the screening committee for the Supreme Court. Similarly, former Chief Justice of a high court and two judges of a high court would be members of the screening committees to be constituted for the high courts. The committees would investigate the charges and submit reports within three months to the oversight committee.
The bill also has a provision for allowing the common man to complain about misconduct of a judge. However, they will need to reveal the source of their information in complaints filed by them. The bill aims to make provision for declaration of assets and liabilities of higher judiciary members. The proposed law lays down certain guidelines or code of conducts for judges which includes not delaying delivering a judgement beyond a three-month time frame after conclusion of arguments. The bill was brought before the Cabinet in March this year. A GoM, headed by agriculture minister Sharad Pawar, had cleared the bill in May.
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