http://www.tribuneindia.com/2008/20081009/main1.htm

Cabinet nod for judicial council
Reserved SC, ST posts won't be de-reserved;
new bill to be framed
Tribune News Service

New Delhi, October 8
At a meeting of the union cabinet held here today, cabinet decided to
set up a judicial council to probe cases against higher judiciary, put
a ban on publication and telecast of exit polls during the election
process, reframing of the SC/ST draft Bill, clearing the amendment of
the Indian Trust Act and setting up of a plasma centre. There was also
an indepth discussion on the impact of the anti-Christian violence in
Orissa and in other parts of the country and divided views on the
imposition of President's rule in Orissa and banning of the Bajrang
Dal.

The setting up of a national judicial council (NJC) to investigate
complaints against judges of the higher judiciary and recommend
suitable action against them was okayed. The NJC will probe
allegations against a judge of the Supreme Court or high courts
judges. However, the power to impeach a judge, if required, will
continue to wrest with Parliament.

The NJC comes close on the heels of a few serious allegations,
including a CBI investigation into the cash-at-door scam under which a
couple of judges of the Punjab and Haryana High are being questioned.

It is likely that the Chief Justice of India will head the NJC. It is
expected to have two components. One to probe allegations against high
court judges and other to look into the allegations leveled against a
Supreme Court judge.

The setting up of the NJC was pending since long. In December, 2006,
the Congress-led UPA government introduced the Judges (inquiry) Bill,
2006. The same was referred to the parliamentary standing committee,
which has now suggested withdrawal of the bill and the introduction of
an amended bill. This will be called the Judges (inquiry) Amendment
Bill 2008 and will be introduced in the forthcoming session of
Parliament, finance minister P. Chidambaram said while briefing
reporters on the developments in the cabinet here today.

He said the new bill will bring about transparency in the functioning
of the judiciary and would enhance its prestige.

The government today made it clear that a post reserved for SCs/STs
will not be de-reserved and will be carried forward as such. The
provision will be incorporated in the new SC/ST (reservation in posts
and services) Bill, which the cabinet today agreed to redraft to make
the reservation process more coherent.

"Sensitive to the need for providing adequate representation for the
SCs and STs in civil services and posts under the central government,
the government resolved to enact a reservation act to codify
instructions on reservation and accordingly introduce a bill in the
Rajya Sabha in 2004. The bill will be withdrawn and a new bill
framed," finance minister P. Chidambaram today said after the cabinet
meeting.

The cabinet today approved a proposal to withdraw the said bill and
introduce in its place another bill containing provisions regarding
penalty on officers, who do not implement reservation provisions,
imparting training to SCs and STs so that they could compete for jobs.

The proposed law will create an unambiguous, coherent and authentic
framework for implementing reservations for the SCs and STs in the
central government services.

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