The Administrative Reforms Commission on Monday suggested constitution of a National Judicial Council under which appointment of judges would be made by a collegium having representation of the executive, legislature and judiciary, and it can recommend removal of a judge.
With the vice president as chairperson, the NJC should comprise the prime minister, Lok Sabha speaker, chief justice of India, law Minister, leader of opposition in Lok Sabha as also Rajya Sabha, the commission recommended in its fourth report on 'Ethics in Governance'.
On the issue of appointment of high court judges, the council will also include the chief minister of the concerned state and the chief justice of the concerned high court.
The NJC should be authorised to lay down the code of conduct of judges, including the subordinate judiciary, the 263-page report presented to the prime minister by the commission's chairman M Verappa Moily suggested.
The task of recommending appointments of Supreme Court and high court judges should be entrusted with the NJC, which should also be empowered to enquire into alleged misconduct and impose minor penalties.
"It can also recommend removal of a judge if so warranted," it said.
Based on the NJC recommendations, the President should have the powers to remove a Supreme Court or high court judge.
The commission has suggested amendments to Article 124 and 217 of the Constitution providing for the setting up of the NJC and arming it with powers to oversee and discipline judges.
The commission has suggested that a judge of the Supreme Court should be designated as the judicial values commissioner and assigned the task of enforcing the code of conduct.
A similar arrangement should also be made in the high courts. The commission has also sought amendments to the Prevention of Corruption Act to provide for a special offence relating to "collusive bribery."
Elaborating, it said an offence could be classified as "collusive bribery" if the outcome of the transaction led to a loss to the state, public or public interest.
The punishment for all such cases should be double that of other cases of bribery, it emphasised.
Defining corruption under the PCA, it said this should include offences like gross perversion of the Constitution and democratic institutions amounting to wilful violation of oath of office, abuse of authority unduly favouring or harming someone, obstruction of justice and squandering public money.
