No appointment of tainted persons as judge: Moily

NEW DELHI: Government may have a fresh look at the method of appointment of judges to higher judiciary and intends to come out with a comprehensive bill to deal with complaints of corruption against judges, Law Minister M Veerappa Moily said on Wednesday.
Addressing a press conference here, he said Government would not like to see that any "tainted" person becomes a judge.

At the same time, he refused to be drawn into a discussion on Karnataka Chief Justice P D Dinakaran whose elevation to the Supreme Court has been kept in abeyance over allegations of land grabbing.

"Already there is a memorandum of procedure (on appointment of judges) which we are going by as of today. I am not reiterating that the same thing will continue. May be, we have to revisit the procedure. Whatever we do, we need to take the judiciary into full confidence" he said in reply to a question on whether the Government was contemplating on making changes in the procedures.

Moily referred to the 1993 and 1998 decisions of the apex court which led to the Memorandum of Procedures relating to Supreme Court Collegium that appoints judges to the higher judiciary.

There have been demands from political parties that the appointment of judges should revert back to the government.

Moily said the independence of judiciary without accountability has "no meaning, no significance" and there was a need to resurrect its credibility.

He said the judges will have to follow the laid down standards and "respond to the ethics and become accountable to the judiciary and the nation".

The Supreme Court had laid down code of procedure in 1997 (to deal with conduct of judges). "But there was no statute to enforce it...with happenings around we need to resurrect the credibility and reputation of judiciary in the country," he said.

The minister indicated that a comprehensive bill to deal with corruption complaints against judges of the higher judiciary may be tabled by the Government in the winter session of Parliament commencing on November 19.

"The Judges Inquiry Bill 1968 deals only with the impeachment process of judges and nothing else. There are complaints and complaints of corruption (against judges). We are thinking that it should be replaced by a comprehensive Judges Standards and Accountability Bill. We hope it will come in the Winter Session of Parliament," he said.

To a poser on whether the government plans to 'update' the 1968 Act, he said "we intend to repeal it and bring out a comprehensive bill" which will be brought before the Union Cabinet in the next few days.

He stressed that impeachment of judges was the "sovereign right" of Parliament and it would continue even after the new bill comes into force.