Parliamentary panel faults bill on errant judges

New Delhi, Aug 17 (IANS) A parliamentary panel Friday recommended drastic changes in a proposed law to discipline errant judges, virtually junking the bill in its original form.

The changes recommended to the Judges (Inquiry) Bill, 2006, ranged from the composition of the proposed National Judicial Council (NJC) to an impeached judge's right to move the apex court.

Strongly disapproving the all-judge composition of the NJC, the panel, headed by Rajya Sabha member E.M.S Natchiappan, asked the government to broad base it and include members from the executive, legislature and from among the lawyers as well.

The panel, referring to the judiciary's last word in appointment of judges, said, "Judges appointing judges is bad enough in itself; judges judging judges is worse."

The panel also recommended complete omission of section 30 of the bill, which entitles an impeached judge to move the Supreme Court against the president's order of his dismissal passed on the basis of a two-third majority decision of both houses of parliament.

"The president's order of removal of a judge is the result of parliament's decision after due process and resolution of 2/3rd majority by each house. Therefore, allowing the president's decision to be challenged by a dismissed judge is totally unwarranted and uncalled for," said the panel, following a nine-month-long scrutiny of the bill.

The panel, officially known as the Parliamentary Standing Committee on the Ministry of Law and Justice, also fiercely disapproved other provisions of the bill, which would amount to curtailment of parliament's existing power on removing judges.

"The committee takes strong exception to the fact that the provisions of the bill have the effect of curtailing the parliament's right to discuss about the conduct of a judge," it said in a report.

"The committee categorically observes that the powers of the parliament with regard to impeachment of a judge should in no case be diluted or shifted to any other institution or body," the panel said.

In a suggestion, not related to the scrutiny of the bill, the panel also suggested providing for reservation for scheduled castes, tribes and other backward classes people for appointment as judges in the higher judiciary "to meet the ends of social justice and equity".