GUIDELINES FOR SITTING JUDGES AS COMMISSIONS OF INQUIRY
The Supreme
Court has formulated some broad guidelines for appointment of
a sitting judge of High Court only to a Commission in its judgement
of July 12, 2002 in T. Fenn Walter & Others Vs. Union of India
and Others. This is intended to discourage the judges from heading
inquiry commissions.
As per the guidelines,
appointment of a sitting judge of a High Court is not objectionable
as a Commission of Inquiry under the Commissions of Inquiry Act,
or to a judicial office which has to be filled up by a sitting
judge to fulfill the requirement of law or where the expertise
and experience of a sitting judge is required like a Member of
the Finance Commission or Law Commission.
The guidelines
further stipulate that the sitting judges can be appointed as
Inquiry Commission if the inquiry itself can be conducted without
prejudice to other judicial work as a judge of the superior court.
It further states that the appointment should not compromise the
dignity of the office of the sitting judge and should preserve
the independence of judiciary. The appointment of a sitting judge
as a Commission of Inquiry has to be made only on rare occasions
if it becomes necessary for the paramount national interest of
the country, the apex court guidelines pontificate.
