Complaints against SC, HC judges may go to panel
NEW DELHI: The government has proposed setting up a mechanism to deal with complaints against judges in the apex court and in all 24 high courts in the country despite resistance from the Chief Justice of India (CJI) and the Supreme Court collegium.
Article Courtesy: The Times of India
The provision for a secretariat has been included in the memorandum of procedure (MoP) for appointment of judges. Including retired judges, the secretariat will be tasked with evaluating complaints against the judiciary and recommending action. It will also screen candidates to be considered for appointment in the apex court and high courts. The CJI and the collegium have been resisting such a mechanism as the higher judiciary believes it will impinge on their independence.
As of now, complaints against the judiciary are referred to the CJI who decides how they are to be dealt with.
In a decision taken at the highest level, the government has resolved not only to have a secretariat for the collegium, in the SC and in all HCs, but also lay the rules for appointment of retired judges to the secretariats. The latter will be appointed with the consent of the CJI and the chief justices of the respective high courts.
By introducing the screening mechanism through the secretariats in the SC and high courts, the government seems to have decided to shelve the proposed Judges Accountability Bill to avoid any confrontation with the judiciary. The bill was passed by Lok Sabha in 2012 but it lapsed with the dissolution of the 15th House.
As of now, there is no formal mechanism to deal with complaints against judges. All complaints against the judiciary are referred to the CJI who decides how they are to be dealt with.
After striking down the National Judicial Appointments Commission Act last year, the SC had asked the government to frame the MoP incorporating five key factors, including a mechanism to ensure transparency in appointments, a secretariat and a mechanism to deal with complaints.
The government is of the opinion that the higher judiciary should not see these measures as an infringement on the independence of judiciary since appointment of retired judges for the secretariat would be made by the CJI in case of the secretariat for the apex court while chief justices of HCs would do so in states.
"The retired judges will be working under the CJI and the chief justices and hence there should not be any misgivings on the executive's interference in the affairs of the higher judiciary," a source said.
Besides, the government is likely to convey to the CJI that such measures in the MoP are dictated by the December 16 judgment of the five-judge constitution bench which had in its order left the task of framing the MoP to the executive.
The five-judge constitution bench had clearly laid the ground for setting up of secretariats in the SC and in all HCs to guide the collegium, and said these secretariats will serve as a mechanism to deal with complaints against judges.
A final draft of the MoP, to be sent to the CJI soon for his approval, will also include a provision making it mandatory for the collegium to record dissenting opinions of judges and record the minutes of the discussion. As of now, the collegium may not provide reasons or any recorded minutes for its recommendations.
Law minister Ravi Shankar Prasad has been meeting the top four judges of the SC who are members of the collegium, besides the CJI, individually and sensitising them on the need to bring in much-needed transparency in judges' appointment and that the MoP is as per the roadmap suggested by the apex court in its December 16 judgment.
The government's decision to engage with other members of the collegium is also inspired by the fact that the constitution bench had noted in its order that any decision on the MoP would only be taken by the CJI on the basis of unanimous view of the collegium.