RAJYA SABHA
The Government
is committed to setting up of a National Judicial Commission,
which inter alia would draw up a Code of Ethics for Judges
of the Supreme Court and the High Courts.
The National
Commission to Review the Working of the Constitution has recommended
that a permanent Committee comprising the Chief Justice of India
and two serniormost Judges of the Supreme Court of India, be
empowered to examine complaints of deviant behaviours of all
kinds and complaints of misbehaviours and incapacity of Judges
of the Supreme Court and the High Courts. The recommendation
would be taken into account while establishing the National
Judicial Commission.
The issue of
Judicial Accountability was discussed at the Conference of Chief
Justices held in 1990 and on the basis of the broad consensus
emerging out of the deliberations, the Chief Justice of India
summed up the position as follows:
"The Chief
Justice of the High Court has the competence to receive complaints
against the conduct of the Judges of his court and when he receives
any he would look into it for finding out if it deserves to
be closely looked into. Where he is satisfied that the matter
requires to be examined, he shall have facts ascertained in
such manner as he considers appropriate keeping the nature of
allegations in view and if he is of the opinion that the matter
is such that it should be reported to the Chief Justice of India,
he shall do so.
The Chief Justice
of India shall act in a similar manner in regard to complaints
relating to conduct of Judges of the Supreme Court and in regard
to conduct of Chief Justices of the High Courts. On the basis
of the facts ascertained, the Chief Justice of the High Court
or the Supreme Court, as the case may be shall take such appropriate
action as may be considered proper, keeping the interests of
the judiciary as the paramount consideration."
The complaints
received against the Judges of the Supreme Court and the High
Courts are dealt with in the manner indicated above.
This information
was given by Shri Arun Jaitley, Minister of Law & Justice
and Commerce & Industry, in a written reply to a question
in the Rajya Sabha today.
