LS passes Judicial Standards and Accountability Bill

A much delayed bill which provides for a mechanism for investigation against judges was passed the Lok Sabha amid din created by pro-Telangana members.

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, in case any judge who makes oral comments against other constitutional authorities and individuals, would render himself/herself liable for "judicial misconduct."

Making a brief reply amid pandemonium to the debate on the Bill which took place during the Winter Session, Law Minister Salman Khurshid said the legislation seeks to set up a mechanism to inquire into complaints against a judge of the Supreme Court or the High Court.

He said the bill aims striking a "balance" between maximising judicial independence and laying down accountability at the same time for members of the higher judiciary.

The Bill seeks to repeal the Judges Inquiry Act, 1968 but retain some of its key features like power to Parliament to impeach a judge of the Supreme Court or the High Courts, Khurshid said.

At present there is no legal provision for dealing with complaints filed by the public against the Judges of the Supreme Court and the High Courts.

The judiciary had adopted resolutions for declaration of assets by Judges and "Restatement of values of Judicial Life". However, there is no law that requires the judges of the Supreme Court and the High Courts to declare their assets and liabilities and also there is no statutory sanction for judicial standards.