Wednesday, March 30, 2011

Judicial standards and accountability bill


1.        
·         It allows for anyone to complain against a judge
·         This effectively allows impeachment procedure to be initiated even by one person’s complaint unlike the current rule of atleast 100 MPs of lok sabha or 50 MPs of rajya sabha
·         The complaint needs to be submitted to a judicial oversight committee
·         Judicial oversight committee comprises of
o   2 sitting judges
o   A retired judge
o   An eminent person
o   Attorney general
·         But work of judicial oversight committee is effectively like a post office . hence it is a waste of time
·         Also attorney general may have to plead in front of a judge against whom there is a complaint. This creates a conflict of interest
·         Further the complaint is forwarded to a scrutiny panel to investigate the complaint and determine the future course of action
·         Scrutiny panel will comprise of 3 members of which 2 have to be from same court as that of accused judge
o   It is difficult for the members in scrutiny panel to pass an impartial judgement on their own colleague
·         The future course of action can either be
o   Minor punishment
o   Ask for voluntary resignation
o   Impeachment
·         Minor punishments will dent the credibility of judiciary
·         Another drawback is that composition and tenure of investigation committee is not defined in bill
·         The bill list out 18 judicial standards
o   This will impede the freedom and independence of judiciary
·         The entire process is kept out of scope of RTI. This will encourage a secret and regressive system
WAY AHEAD
·         Strike balance between accountability and independence of judiciary
·         Start with making the selection process transparent

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