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Saturday, October 16, 1999

Law on judges' conduct soon

PRESS TRUST OF INDIA  
NEW DELHI, OCT 15: The Government is proposing to bring in a legislation on the code of conduct for judges on the lines of the one evolved by the Supreme Court to deal with removal of judges from the office for misconduct.

Law Minister Ram Jethmalani, who met reporters on Friday with his deputy O Rajagopal, said, "I propose to give legal shape to the code of conduct evolved by the Supreme Court to define `misconduct' which calls for action against a judge including removal from office."

Outlining priorities in the first 100 days of his assuming office, Jethmalani said the Government would increase the number of judges at all levels and fill existing vacancies but maintained that quality of judges would not be compromised.

He said the quality of the Supreme Court and high court judges in most of the cases were at par or even better than the world standard but lamented that the lower judiciary was not looked after well where emoluments and perks were low.

"The emoluments and standards of living ofjudges must be made extremely attractive. This applies to the subordinate judiciary much more than to higher levels," he said.

On the much-awaited legislation relating to the companies, Jethamalani said most probably it would be placed before parliament during the winter session.

Jethmalani, who also handles company affairs, stressed on strengthening of corporate democracy but said, "At the same time there must be adequate protection for small share holders or small investors against fraud and misappropriation."

Expressing concern over the large number of pending cases, he said a major part of pending litigation was useless and avoidable because one or the other side had no real case to fight.

"While the attitudes of private litigants are difficult to change, it behoves a government department not to foment litigation," Jethmalani said, adding, "Executive insensitiveness and resort to litigation without cause at various levels of the judiciary have to be curbed."

On delays in judicial proceedings,he said emoluments and working conditions of those who represent the government in various courts and tribunals must be so fixed as to create no temptation for frivolous litigation or delay in disposal of cases.

Jethmalani said, "In consultation with the Attorney General and other law officers, procedures will be set afoot to eliminate avoidable litigation." The Minister also touched upon issues like barring persons of foreign origin from holding high public offices and the Law Commission recommendation for a fixed five-year term for the Lok Sabha and said to bring in any amendment to the Constitution, there had to be prior consultation with all political parties.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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