An important component of this legislation is the creation of a National Judicial Council (NJC) chaired by the CJI and populated by 2 senior SC judges and 2 from the HC level to review complaints against judges. It also stipulates a process by which SC judges and even the CJI may be investigated by this council. Complaints are to be scrutinized and verified by the council before accepting it. While the NJC can impose many “minor” actions such as seeking early retirement, issuing advisories, stopping assignment of work while investigation is in progress, issue warnings, censures, or admonitions, it cannot impeach a judge. That right will remain with the Parliament and the President.
Accepting that no individual should be beyond investigation or scrutiny and above the law, there are many problems with this legislation. Firstly, it is not clear how frivolous or vexatious complaints are dealt with or what status a charge-sheeted judge may assume. Secondly, with investigation being as shoddy as it is in India , it is also unclear who long a judge may be under charge and how his judgments are to be treated which being investigated. Thirdly, since police, investigative agencies, and federal investigative mechanisms are under the political class, it is unclear how this law will protect vengeful complaints or politically-inspired complaints will be filtered. Fourthly, with the number of cases being piled up at all levels of the judiciary, it is unclear how the new NJC plans to deal with the volume of complaints. Fifthly, with the number of issues raising confrontations between the Judiciary and the Legislature such as the Reservation issue, parallel Islamic courts, privilege information to be used as evidence, politically-inspired vilification of inconvenient Parliamentarians, etc. the move by politicians to grant themselves excessive control over the judiciary is suspect. Sixthly, the undue emphasis on judicial accountability and Code of Conduct for judiciary while not bringing any norms for politicians seems inconsistent—if such measures be applied to the Parliament, several would be barred for embezzlement, murder, arson, rape, and extortion.
These are issues that responsible and honest politicians must ensure are covered by the new bill when it is brought up for debate in the winter session .
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