JUDGES ENQUIRY BILL

PARLIAMENTARY COMMITTEE ON JUDGES ENQUIRY BILL











According to media-reports, Parliamentary Committee to examine Judges Enquiry Bill has recommended that a five-member panel comprising of two members of Parliament, a nominee each of Prime Minister, Chief Justice of India and Bar Council of India should first examine complaint against a judge before being put before the proposed National Judicial Council comprising of five sitting judges from High Courts and Supreme Court. But constitution of the panel will unnecessarily create fear in judiciary as rightly observed by retired Chief Justice of India VN Khare, adversely affecting independence of judiciary because of domination of legislature in the panel. Possibility of Judicial System dancing to desires of ruling party in such case should not be ruled out because appointments on the panel will have no say of the Opposition Leader. Even constitution of National Judicial Council with sitting judges is improper and unpractical because appointment of judges from outside

Delhi

will make functioning of the Council difficult apart from postponing of usual court-work due to their involvement in Council. Best and the only remedy is to have a judicially refined say of legislature in the Council by having retired Supreme Court judges as member-nominees of the President, Prime Minister, Opposition Leader, Chief Justice of India and Bar Council of India with Central Vigilance Commissioner as ex-officio member of the Council abolishing any need of any panel to examine the complaint first. However the Committee has rightly suggested that even Chief Justice of India should be under purview of the Council.

















SUBHASH C. AGRAWAL





(Guinness Record Holder for most letters in newspapers)





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