The Judges (Enquiry) Bill 2006 : A Remedy worse than the Disease
By
Sunil V. Manohar
“Hammers Were Forged in the Temple Which Ultimately Destroyed the Temple”
The Constitution Review Commission, headed by former Chief Justice of India Mr. M. N. Venkatchalaiya recommended in the 195th Report of the Judicial Commission of India that a Statutory Committee be appointed for the specific purpose of dealing with cases of deviant behaviour by the Judges. Complaints can be filed by any person about the deviant behaviour on the part of the Judges to the Statutory Committee. The Legislature promptly latched on to the opportunity and has tabled the Judges (Enquiry) Bill. 2006.
Under the existing Judges (Enquiry) Act, 1968, no complaint procedure is provided for. Reference procedure could be initiated only upon a Notice of Motion praying for removal of a Judge signed by,
in case of a notice given in the House of the People, by not less than 100 Members of the House, and ....