Click to play videoNew Delhi: The Union Cabinet on Thursday approved a draft Bill that aims to bring transparency in the functioning of the judiciary and ensure accountability of judges.
“Cabinet approved the proposal to introduce the bill to establish the national judicial council,” says Union Finance Minister P Chidambram.
So, what does the creation of National Judicial Council (NJC) mean? Until now, the only way to remove a judge guilty of misbehaviour or misconduct was the difficult and long drawn way of impeachment.
But after the NJC is set up, the council will look into complaints against judges and if found guilty, the council can recommend taking away of judicial work from the judge or even premature retirement of the judge – a far easier way of enforcing punitive action against an erring judge.
By conferring complaint function on the NJC, the Cabinet has attempted to strike a balance between independence and accountability of the judges.
"There is such a rapid deterioration in the moral values of the society and our judges come from this very society. So, it is high time that there should be transparency and every judge, whether it is in the High Court or the Supreme Court, should be accountable," says former Chief Justice of India V N Khare.
The NJC, of course, will comprise five judges, three from the Supreme Court and two from the High Courts.
It means that the judiciary has won its way in the debate on whether outsiders should become part of the council. When a Supreme Court judge is investigated, High Court judges will not be part of the panel.
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