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

General Dhiraj Seth takes over as Chief of Army Staff

General Dhiraj Seth, PVSM, UYSM, AVSM, took over as the 31st Chief of the Army Staff (COAS) from General Upendra Dwivedi, PVSM, AVSM, who superannuated after more than four decades of distinguished service to the nation on Tuesday.   General Dhiraj Seth is an alumnus of the N

The women India doesn`t count enough

She runs a tailoring shop from a single room in her house. Every morning she stitches school uniforms, answers queries on WhatsApp, collects payments through UPI and orders fabric online. Officially, she still belongs to India`s informal economy. Yet her enterprise is no longer disconnected from the formal

“Cancer is just a mind game”

Dr. Ananda Shankar Jayant, a Padma Shri awardee, inspired audiences for decades through her mastery of Bharatanatyam and Kuchipudi. But it was her journey through cancer that taught some of life`s most powerful lessons in courage and resilience.

Why Swami Vivekananda is the pathfinder for our times

Swami Vivekananda for Our Times  Edited and compiled by Rajiv Sikri, with Introduction by S. Gurumurthy Rupa Publications, 552 pages, Rs 695  

Five ways to realise the potential of India’s handicraft and handloom sector

India`s economic ambitions are increasingly defined by the industries of the future. Semiconductors, electronics, artificial intelligence and advanced manufacturing dominate policy conversations. Yet one of India`s largest employment-intensive sectors continues to occupy a surprisingly marginal place in ec

Beyond toilets: Why open defecation persists in rural India

Despite the awareness campaigns on sanitation across India, open defecation (OD) is practised openly and widely in both rural and urban areas. Research shows that rural respondents are well aware of the negative impacts of OD, yet this awareness does not lead to toilet construction or use. In rural North I





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter