Lok Sabha nod for Bill on judicial standards and accountability

New Delhi, March 29
The Lok Sabha today passed, the Judicial Standards and Accountability Bill, 2011 aimed at striking a balance between maximising judicial independence and laying down accountability at the same time for members of the higher judiciary.
The Bill proposes to reduce the quantum of punishment for frivolous and false complaints against judges from proposed five years’ rigorous imprisonment to one-year simple imprisonment and quantum of fine from Rs 5 lakh to Rs 50,000.
As in last two days, the Lok Sabha was adjourned first during the Question Hour, then at 12 noon. When it met at 2 pm, the Telangana enthusiasts again occupied the well of the House. Deputy Speaker Kariya Munda asked Law and Justice Minister Salman Khursheed to move the Bill. But when the minister could not be heard in the din, the Chair directed him to lay the copy of the speech and then move for passage of the Bill.
Making the statement on the Bill, discussed in the Lok Sabha in December last year, Khursheed informed the members that the Government heeded their suggestions on this account.
Most important component of this Bill is the proposed creation of a National Judicial Oversight Committee (NJOC) “Which gives them wider constitutional powers, including that of taking help from outside,” said the minister drawing their attention to Section 38 of the Bill where the “NJOC shall be entitled to take assistance of such officers of the Central or the State Government or any agency thereof or authority as it deems fit.”
The minister pointed out, “Since the impeachment of judges has to be decided by Parliament, MPs have been included in the committee.”
The Judicial Standards and Accountability Bill, 2010, which was introduced in December, 2010 was
brought to the Lower House with fresh amendments in December last year, including one which seeks to restrain judges from making "unwarranted comments" against conduct of any Constitutional authority.
According to the revised bill, any judge who makes oral comments against other constitutional authorities and individuals would render himself/herself liable for judicial misconduct.
Khurshid referred to some members raising the issue regarding appointment of judges and said the current system of selection of judges has been mandated by the Supreme Court in its judgement. He said in the present system, judiciary has major say in judicial appointments.
Simultaneously, Khursheed said that the proposed Clause 47 of Bill deals with the investigation into misbehaviour or incapacity of a judge by the investigation committee for removal of judges. “This is the original constitutional provision for impeachment of Judge, adopted in this Bill and also provided for under the Judges Inquiry Act, 1968,’ said the law minister.
He rejected the members demand to spell out the composition of the investigation committee to probe the conduct of a judge and left this instead to the discretion of NJOC.
The minister also promised to institute at a future date an All India Judicial Service to attract the best talent, stating “We are anxious to put in place a system that would ensure that best and the brightest are elevated to the bench in a transparent manner,” adding though, “The idea of these reforms is to ensure that their (Judges’) credibility is not undermined and at the same time the constitutional obligation cast on the President is discharged effectively,” he said.

Key component

The most important component of this Bill is the proposed creation of a National Judicial Oversight Committee (NJOC) “which gives them wider constitutional powers, including that of taking help from outside for the purpose of getting more information. The NJOC shall be entitled to take assistance of such officers of the Central or the state government or any agency thereof or authority as it deems fit.”