The bill was referred to a group of ministers after sharp differences over the provision of "minor reprimand" for members of the higher judiciary arose during a cabinet meeting in March this year.
A bill to create a mechanism to hold judges accountable for any misconduct is likely to come up before the Union cabinet tomorrow.
The bill was referred to a group of ministers after sharp differences over the provision of "minor reprimand" for members of the higher judiciary arose during a cabinet meeting in March this year.
The GoM, headed by agriculture minister Sharad Pawar, had cleared the bill in May.
The Judicial Standards and Accountability Bill, 2010 proposes that a judge can be warned, taken off work, censured or admonished, depending upon the misconduct.
But if the violation is serious in nature, the judge can also be impeached.
It also lays down a code to deal with cases of corruption against judges of the Supreme Court and the high courts. It also seeks to repeal the four decade-old Judges Enquiry Act, 1968 which deals with the process of impeachment of senior judges.
The draft bill also has provision for allowing the common man to complain about the alleged misconduct of a judge. But the citizens will have to reveal the source of their information in complaints filed by them.
But a final decision on whether action should be taken against the erring judges will remain with the government.
The bill, prepared by the law ministry, provides for a series of committees to probe the allegations against judges before an impeachment motion is introduced in either house of Parliament.
While there will be one Scrutiny Committee for the Supreme Court, the other will be for the 21 high courts.
The bill proposes to set up a National Judicial Oversight Committee, likely to be headed by the vice-president in his capacity as the chairman of Rajya Sabha with distinguished jurists as members that will receive any complaint against the sitting judges.
The bill also lays down certain guidelines or code of conducts for judges. The proposed law expects judges not to delay delivering a judgement beyond a three-month time frame after conclusion of arguments.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}