Judicial Standards & Accountability Bill differed

NEW DELHI: Once bitten, twice shy. The Manmohan Singh government is taking a cautious approach in dealing with the higher judiciary. Amid differences from within, the Union Cabinet on Monday deferred the Judicial Standards and Accountability Bill, 2010. It is to be scrutinised by a group of ministers (GoM).

The legislation, which lays down a code to deal with cases of corruption against judges of the Supreme Court and high courts, seeks to replace the 42-years-old Judges Inquiry Act.

At the Cabinet meeting, it was decided that the bill being a “radical departure” from the existing Act, should be discussed informally or in a GoM before it is cleared for being tabled in Parliament. According to sources, there were stark difference of opinion within the Cabinet on the proposed bill.

Just around six months ago, the law ministry’s Judges (Declaration of Assets and Liabilities) Bill, 2009, had to be withdrawn in Rajya Sabha after the entire Opposition as well as some Congress MPs opposed its passage saying it was discriminatory as it placed judges in a special category. The hostility to the legislation, which had got the Lok Sabha’s nod amid an uproar in the House, had left the government red in the face.

After that fiasco, law minister Veerappa Moily got down to drafting a new legislation with a much wider scope. In his own words, he wanted to ensure “accountability while ensuring independence” of the judiciary. The government, while trying to avoid a face-off with the judiciary, also does not want to entirely spare them from falling within the ambit of accountability. However, the guidelines being proposed for judges are likely to draw flak from them.
The proposed draft bill has a provision for allowing any person to complain about the alleged misconduct of a judge, though the source of information will have to be revealed. The bill also allows the government to deal with serving and retired judges found guilty of involvement in corruption and other acts of misbehaviour, if the National Judicial Oversight Committee recommends. The bill proposes to set up such a committee headed by the vice-president.