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------------------------------------------------------------ New law to make judges accountable on anvil ----------------------------------------------------------- After introducing a new method of performance appraisal of Indian Administrative Service officers, the government has decided to enact a law to ensure accountability of judges and discipline the erring judicial officers, as part of its efforts to reform the administration. The new law will be framed by making certain amendments in the Judges Inquiry Act, 1968, official sources said here today, adding the process for its enactment will start soon.
The law will have a provision for investigation by a committee of judges in the cases of complaints against a judicial officer, they said. Under the new law, a judge, against whom prima facie evidence of some illegal act is found, would be asked not to attend courts, pending inquiry, the sources said. If a judge is found guilty, he will be asked to put in his papers failing which he would be removed, they said.
The draft of the amendment will soon be circulated among the members of the cabinet, opposition leaders and the Chief Justice of India.The act will make it easier to take action against a judge found guilty. At present, a complex and long-drawn process of impeachment is required to remove such a judge.
The aim of enacting the law is to reign in the erring judges and maintain respectability of the judiciary, the sources said. They said it was part of Dr Manmohan Singh government's plans to reform all systems of administration and governance.
The judiciary has recently been rocked by incidents of alleged corruption and indiscipline.The judiciary was shaken when a Delhi High Court judge was accused of taking money and other favours for passing judgments. Strike by judges of the Punjab and Haryana High Court, a Rajasthan High Court judge's alleged involvement in a sex scandal and Mysore sex scandal were other cases which adversely affected the image of the judiciary.
The Judges Inquiry Act, 1968, provides for investigation into misbehaviour or incapacity of a judge. Since judges of superior courts occupy very high positions, disciplinary proceedings which exist in the case of all other employees cannot be thought of.
A judge of a High Court or Supreme Court cannot be removed from his office except by impeachment by a majority of a legislative house and majority not less than two-third present and voting as provided by articles 124 and 217 of the Constitution. ---------------------------------------------------- The Navhind Times 16/05/05 page 1 ----------------------------------------------------
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