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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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