(a) whether the former Chief Justice of India and National Human Rights Commission
Chairman has expressed serious concern over the growing corruption in the judiciary and
favoured an effective legal mechanism to enforce accountability among judges;
(b) if so, whether number of former Chief Justices have also urged the Government to
take urgent steps to see that corruption is removed immediately in the Indian Judiciary; and
(c) if so, the steps the Government propose to take in this regard?
THE MINISTER OF LAW AND JUSTICE AND MINISTER OF COMMERCE AND INDUSTRY
(SHRI ARUN JAITLEY):
(a) Government has consulted the Supreme Court of India. The Court has informed as below:
`Hon`ble Mr. Justice J.S. Verma, former Chief Justice of India and former National Human
Rights Commission`s Chairman had expressed serious concern over the growing corruption in
the judiciary and favoured an effective legal mechanism to enforce accountability among
judges as reported in The Indian Express, New Delhi, dated 23rd December, 2002.`
(b) The then Chief Justice of India on 23rd December, 2001 at a joint conference
organized by Bar Council of India and State Bar Council of Kerala, inter-alia stated:
I have said it before and I will say it again: in my opinion, more than 80% of the Judges
in this country, across the board, are honest and incorruptible. It is known that the
judiciary does not tolerate corruption in its ranks, it is requisite that corrupt Judges
should be investigated and dismissed from service. This is very much possible in the case
of subordinate judiciary because disciplinary control lies with the High Court. It is
difficult where the higher judiciary is concerned because the only recourse in law is
impeachment, which is cumbersome process and which, as a recent instance showed, may
not achieve the desired result for reasons that are political. The Supreme Court and High
Courts have attempted to evolve an informal procedure to meet the situation, but it is
yet to be tested.`
(c) The Government is committed to setting up a National Judicial Commission, which inter
alia would draw up a Code of Ethics for Judges of the Supreme Court and the High Courts.
The National Commission to Review the Working of the Constitution has recommended that a
permanent Committee comprising he Chief Justice of India and two senior most Judges of
the Supreme Court of India, be empowered to examine complaints of deviant behaviour of
all kinds and complaints of misbehaviour and incapacity of Judges of the Supreme Court
and the High Courts. The recommendations would be taken into account while establishing
the National Judicial Commission. Under article 235 of the Constitution of India, the
administrative control over the members of subordinate Judicial Service vests with the
concerned High Court. Further, in exercise of powers conferred under proviso to Article
309 read with Articles 233 and 234 of the Constitution, the State Government frames rules
and the regulations in consultation with the High Court exercising jurisdiction in relation
to such State. The members of the State Judicial Service are governed by these rules and
regulations. Care is taken to recruit/promote persons of integrity and take action against
delinquents by proper authorities. Use of information technology in courts is being
encouraged to promote transparency and fairplay.