A newer version of Judges (Inquiry) Bill would be tabled in the coming session of Parliament. The Cabinet meeting on Wednesday decided to introduce the Judges (Inquiry) Amendment Bill, 2008 and withdraw the Judges (Inquiry) Bill, 2006, which was introduced in Lok Sabha on December 19, 2006. The 2006 Bill had drawn criticism from the Parliamentary committee and many retired jurists for lacking the teeth to to deal with cases of corruption in higher judiciary.The new Bill provides for establishing a National Judicial Council (NJC) to undertake investigation and inquire into allegations of misbehaviour or incapacity of a judge of the Supreme Court or of a High Court as well as regulate the procedure for investigation and inquiry in such cases.The NJC can also recommend suitable action after following the prescribed procedure. Sources, however, informed that under the new law, removal of a judge would be through impeachment by Parliament. Sources also added that the Cabinet decision was taken on the basis of a note submitted by the Ministry of Law and Justice on the issue. A similar note on the proposed law had been placed before the Cabinet earlier too but no decision could be taken owing to opposition by some ministers. “It was then decided that the ministers opposed to the proposed law should be sensitised about it and the purpose behind it be explained to them. After that was done, a fresh note was prepared and placed before the Union Cabinet,” sources said.While Law and Justice Minister Hans Raj Bhardwaj had been airing conflicting views on the subject, it was the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, headed by Congress MP E M Sudarsana Natchiappan, which pushed the Ministry on the issue.Last week, Bhardwaj reportedly called up Natchiappan to explain the salient features of the proposed law. “The Committee was assured that its recommendations would be suitably incorporated in the new Bill,” Natchaippan told The Indian Express.On September 29, the panel asked the Ministry to spell out its stand on the Bill and make it clear if it would try and get the Bill passed in the coming session of Parliament. Much of the criticism of the Bill stems from the proposed composition of the NJC which would comprise only people from the judiciary. The Parliamentary Committee has repeatedly said that Parliament and the Executive should step in to “prevent erosion of public’s faith in the judiciary”.
