New Delhi, Dec 14 (Inditop.com) Stating that people with a “shady character” should not become judges, Law Minister M. Veerappa Moily said Monday the government would introduce legislation in parliament to tighten existing laws and make the judiciary more accountable.
“No person of shady character should become a judge,” Moily said during question hour in the Rajya Sabha, adding that the Judges (Standards and Accountability) Bill would be introduced “maybe in the last days of the (current) session (that lasts till Dec 21)”.
He was replying to a supplementary on whether the government proposed to de-roster Karnataka Chief Justice P.D. Dinakaran, who faces charges of land grabbing.
“The system can take care of the problem,” Moily replied, even as he admitted that the existing Judges (Enquiry) Act of 1968 “needs to be revisited”.
“This would meet many questions relating to the accountability of judges,” the minister said.
In a separate development, 75 non-Congress Rajya Sabha MPs Monday submitted a notice to Chairman Hamid Ansari seeking Dinakaran’s removal.
“Notice of the motion signed by 75 members of the Rajya Sabha under Judges (Enquiry) Act 1968 for removal of Justice P.D. Dinakaran was presented to the Chairman Rajya Sabha today (Monday),” an official statement said.
“The matter is being examined as per the provisions of the act and the rules framed thereunder,” the statement added.
Informed sources said that should the notice be accepted, a three-member committee would be set up to take the matter forward.
Responding to a supplementary from Leader of Opposition Arun Jaitley of the Bharatiya Janata Party (BJP) on whether the government would change the present system in which “judges appoint judges”, Moily said: “There are two aspects to this: One, whether the present system should continue or not and also that we don’t want a confrontation (with the judiciary).
“We will take the judiciary into confidence to ensure a convergence of views,” the minister said.
At the same time, he admitted to “infirmities” in the present system of appointing Supreme Court judges by a collegium, for which there is no provision in the constitution.
“The matter has been dealt with since 1990. A bill was introduced but lapsed. Another bill in 1993 also lapsed. Through a major judgement of the Supreme Court and two other judgements, in 1998, a memorandum of procedures was drawn up (for appointing judges).
“There are infirmities and questions relating to accountability and objectivity (of judges) surfaced from time to time. The matter is engaging the attention of the government. It needs to be tackled while recognising the fact that the judiciary is independent but without accountability,” Moily added
Replying to the main question, Moily said there was no move to appoint a National Judicial commission, prompting Congress MP P.J. Kurien to ask: “How is that as head of the Administrative Reforms Commission, you had recommended this but are now backtracking. From one to the other, we get into the concept of creative destruction,” Moily replied.
Replying to a supplementary on filling up vacancies in the high courts, the minister said: “It is incumbent on the high courts to send proposals (for appointing judges). This is an issue that needs to be addressed. I have written to the chief justices ti expedite the process. Now things have started moving. In four to five months, things will level up.”
