Mamata wants a CBI against judges

On the sly, is the ruling class conspiring to subvert the constitution?

manojkumarhs

Manoj Kumar | August 17, 2012



Why does Mamata Banerjee want to say it a thousand times that favourable verdicts are given in return for money. The Calcutta high court has admitted a contempt plea to make her see reason. Question is why is Mamata so keen on taking on the judiciary and why now?

The central government is working overtime to have the Judicial Standards & Accountability Bill, 2010 (“judicial accountability law”) passed to make judicial accountability enforceable.

On the independence day, the chief justice of India (CJI) cautioned the central government not to show undue haste in pushing the judicial accountability law.

Currently, the Restatement of Values of Judicial Life adopted by full court meeting of the supreme court in 1997 provides the guidelines to the supreme court and high court judges in conducting their functions.

The statement of objects explains that any conduct by a judge which lacks demonstrable integrity and dignity would undermine the trust reposed in judiciary under the constitution, hence should be subject to accountability and oversight.

The following judicial standards have been set out in the accountability law:

1. Norms, including punctuality and commitment to work, guidelines and conventions essential for the conduct and behaviour of judges, being prerequisite for an independent, strong and respected judiciary, having integrity and detachment and impartial administration of justice as reflected in the Restatement of Values already adopted by the conference of chief justices held in 1999 shall be practised by every judge.

2. All times be conscious that he is under the public gaze and not do any act or omission which is unbecoming of the high office he occupies and the public esteem in which that office is held.

3. A degree of aloofness consistent with the dignity of his office shall be practised by every judge.

4. Judgments should speak for themselves.

The judicial accountability law seeks to set up a National Judicial Oversight Committee (NJOC) comprising of:

- a retired CJI as its chairman,
- a judge of the supreme court nominated by the CJI,
- a chief justice of a high court nominated by the CJI,
- attorney general of India,
- an eminent person nominated by the president of India.

The central government has control on the NJOC since majority of the members are nominees/officers of the central government.

Additionally, the central government has powers to appoint an advocate to conduct cases against a judge.

The central government will further frame rules regarding the form and manner in which a complaint against a judge is to be made and the form for disclosure of assets and liability statements by judges.

The trappings of the judicial accountability law almost look like an attempt to create a Central Bureau of Investigation (CBI) by a different name, specially dedicated for working on judges.

The intent and purpose of the judicial accountability law, i.e., to lay down judicial standards and provide accountability, establish credible and expedient mechanism for investigating complaints of misbehaviour or incapacity of judges of the supreme court and high courts – has been completely lost sight of in the drafting of the Law.

The government of the days seems to have forgotten that the Central Government is also a litigant before the very Judge whom it seeks to oversee through the NJOC. Credibility of the NJOC is very suspect, given the growing intolerance of the central government to adverse orders by higher judiciary.

CBI remains as a stick in the hands of the central government against adversaries – is the judicial accountability law now seeking to arm the central government with a similar stick against judges.

Can we trust the ruling class (read Mamata) not to try misuse NJOC against a judge who dares to admit a contempt plea against it (read her) or for that matter is this an indicator of how the central government would want to handle a stand-off with the higher judiciary in times to come?

Comments

 

Other News

EU–India FTA 2026: A high‑stakes prescription for Indian pharma and healthcare

India’s pharmaceutical industry stands as one of the world’s market leaders of generic pharmacy with market valuation of USD 50 billion in 2026. Characterised by high volume, low-cost generic manufacturing, with an annual growth rate of 10-12% primarily propelled by exports and domestic demand,

Legends, vignettes and tales from the freedom movement

Robin Hood of Kathiawar and Other Extraordinary Stories from India’s Freedom Movement By The Paperclip  HarperCollins, 348 pages, Rs 499  

Solicitor General Tushar Mehta tells quirky tales from the world of law

The Lawful and the Awful: Quirky Tales from the World of Law By Tushar Mehta Rupa Publications, 336 pages, Rs 995  

Cabinet meet discussed `Ease of Living`, `Ease of Doing Business`

The Council of Ministers has deliberated upon valuable perspectives and best practices relating to boosting ‘Ease of Living’ and ‘Ease of Doing Business’, prime minister Narendra Modi said on Friday.   As he shared details of the Council meeting held the d

India should deepen energy partnerships with Africa

The vulnerability of Strait of Hormuz continues to influence energy politics globally. India is highly dependent on imported crude oil as a significant portion of its oil imports still come from the Gulf ultimately making such disruptions particularly consequential and has immediate economic ramifications

The rupee stumbles: Can India Inc. chip in?

Every time the Indian rupee weakens to a new record low, the conversation follows a familiar script. The RBI intervenes. Economists debate the current account deficit. The government appeals to citizens to cut consumption. And within a few news cycles, attention moves on, until the next record low arrives.


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter