National Judicial Council: The Bill and the Moily Panel Recommendation

NJC

The National Judicial Council that is sought to be set up by the Government by amending the Judges(Inquiry) Act, 1968 is on the following lines

An Amendment

of the Judges (Inquiry)

Act, 1968 is to be made for setting

up a National Judicial

Council that will investigate

reported acts of misconduct

by High Court and

Supreme Court Judges.

The new

law aimed at bringing

transparency in the functioning

of the judiciary and

will enhance its prestige.

Under the new procedure,

complaints can be made by

any person against Judges

of the Supreme Court and

High Courts except Chief

Justice of India.

The National

Judicial Council will consist

of the Chief Justice of

India and two senior most

judges of the Supreme

Court to be nominated by

the Chief Justice, two

judges of the High Court to

be nominated by the Chief

Justice of India irrespective

of their seniority. However,

in the case of complaint or

a reference against a judge

of the Supreme Court, the

Council shall consist of the

Chief Justice of India and

four senior most judges of

the Supreme Court to be

nominated by the Chief Justice

of India.

Note the difference with the NJC recommended by the Moily Panel on Administrative Reforms :The following is the summary of the Moily Commission on NJC:

It has the function of not only making appointments of Supreme Court judges; but also inquiring into complaints about them; recommending penal action; the procedure for removal as is contained in Art.124 that involves the Parliament passing a resolution by a special majority is to be dispensed with and the NJC will recommend to the President about the removal of judges.. The aim is to make the procedure effective by making it relatively less elaborate.