Cabinet Approves Judges Inquiry (Amendment ) Bill

The Union Cabinet approved the Judges Inquiry (Amendment) Bill, 2008, on October 8, 2008. The new Bill makes Supreme Court and High court Judges accountable for their acts, including corruption and incapacity . With the introduction of this bill, the Judges Inquiry Bill, 2006 would be withdrawn.
The Bill provides for establishing a National Judicial Council (NJC) to investigate and inquire into allegations of misbehavior or incapacity on the part of a judge of the Supreme Court or of a High court as well as regulate the procedure for investigation and inquiry. Thus , the provisions of the new Bill would bring about transparency in the functioning of the judiciary by making judges more accountable and would also enhance its prestige.
Any person can complain to the NJC against judges of the Supreme Court (except the CJI), and the Chief Justices and judges of the High Courts . If the complaint is against a Supreme court Judge, the NJC will consist of the CJI and four seniormost judges of the apex court . If it is against the CJI , the CJI will not take part in the proceedings and the President shall nominate the next seniormost judge.In the new Bill, there is a provision for preliminary scrutiny and verification by the NJC . if a judge is proved guilty, the NJC can recommend his or her removal through impeachment by the parliament. However, where the proved misbehavior does not warrant removal , the NJc can impose minor measures such as issuing advisory , requesting retirement, stoppage of assignment of judicial work for a limited time, and warning censure or admonition (public or private). The NJC cannot impose or recommend any minor measure in the case of a reference by the Speaker of the Lock Sabha or the Chairman of the Rajya Sabha on a motion for removal.