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Tuesday,
March 07,   2006

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    Law Minister Works on “Judges Inquiry Bill”

 

The Law Minister H.R. Bhardwaj is working on a Judges Inquiry Bill of “minor measures” that can be ordered against “erring” Supreme Court and High Court judges but not strong enough to seek their impeachment. The law proposes to create National Judicial Council headed by the Chief Justice of India and populated by judges to create judicial accountability. If charges against a judge are proved, the Bill proposes to initiate one of 5 minor measures—issuing advisories, issuing warning, withdrawal of pending and future judicial work for a period of time, requesting the judge to voluntarily retire, and private and public censure or admonition. The Parliament and the Judiciary have increasingly been on a collision course with the Speaker Somnath Chatterjee challenging the authority of Judiciary over Parliamentary rulings and procedures. The weakness of the Constitution surfaced in recent times where a repressive Parliamentary ruling without due process targeting certain members denied those Parliamentarians the right to fair trial. While widespread cynicism of political actors is at an all time high, this Bill takes away the power of the Parliament to appoint a Commission to investigate corruption charges against a judge. This Bill will certainly create a controversy especially among the Government’s communist allies who have, in support of the Speaker, fought bitterly to reduce the influence and scope of the judiciary. Bhardwaj himself was embroiled in a recent controversy where he seemingly arbitrarily released monies of wanted arms dealer Quattrochi’s blocked due to charges of his involvement in the Bofors scandal.




 

 

 




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