Taking seriously the helplessness expressed by a former Chief Justice of India that he had no
power to discipline erring Judges, the Congress-led United Progressive Government on Wednesday said it was open to enacting a law giving necessary powers to the CJI in this regard.
"The CJI should have powers to deal with erring Judges and if there is a request in writing from the Chief Justice of India in this regard, we will take steps to initiate a Bill in Parliament to give more powers to the head of the judiciary," Law Minister Hans Raj Bharadwaj told reporters.
Former CJI V N Khare had expressed helplessness to deal with erring Judges during the hearing of a case pertaining to issuance of warrants against him and the President of India by a Ahmedabad court and had lamented that despite several requests the government was not giving him enough powers.
Referring to scandals and incidents of indiscipline in judiciary during the NDA government's tenure, the minister said, "Time has come that the courts disciplined the erring judges. The CJI should have the power to deal with the erring judges. If they need a legislation, they have to give in writing that they need a law giving more powers to the CJI."
Taking note of Mysore sex scandal, Rajasthan sex scandal, Delhi's DDA scam and the "strike" by Punjab and Haryana high court judges, Bharadwaj said, "No action whatsoever has been taken after the in-house inquiry committees gave their reports. No follow up mechanism has been put in place. No transfer proposal was made. It was dealt with in an adhoc manner."
However, he said the in-house discipline mechanism, evolved by the CJI in consultation with the Chief Justices of the high courts, could still be effective if the CJI was serious in taking corrective measures.
Reiterating that filling up of vacant posts of judges was his top priority, Bharadwaj criticised the previous NDA regime for not taking enough steps to get large number of vacancies in the high courts, which have a total strength of nearly 700 judges, filled up expeditiously.
"There are 208 vacancies of judges in various high courts amounting to nearly one-third of the total strength," he said.
He added this is one of the main reasons of delay in dispensation of justice to the poor.
Terming the delays as 'unnecessary', the minister said it was a lame excuse on the part of the previous government to blame the judiciary for not giving recommendations in time for filling up the vacancies.
"This is not a legitimate excuse. The Law Ministry did not take proper follow up action. It is open to the Law Minister to meet the concerned Chief Justice and draw his attention to the vacancy position while repeatedly requesting him to send the proposals for filling them up," he said.
The Law and Justice Ministry is responsible for ensuring that the nation has a sound judicial system and the judges' strength was an important aspect of this, the minister said.
"I will run from pillar to post and approach all concerned Chief Justices for expeditious filling up of the vacant posts," he said. "I have decided to make the appointments expeditiously."
Asked about his views on recommendations of the Constitution Review Committee for setting up of a National
Judicial Commission for appointment and transfer of judges, Bharadwaj reacted sharply criticising the NDA
government for twisting the recommendations to suit its needs.
The CRC never recommended the Law Minister to be a member of the NJC neither did it say that a person of eminence from public sits in a committee deciding the fate of judges, he said.
"What the NDA government did to the proposal of NJC was not in consonance with the original recommendations of the CRC headed by former CJI M N Venkatachalaiah," he said.
He said NJC was not the need of the hour. "The present system on appointments and transfer of judges recommended by the CJI and the collegium was eminently workable and the present government has no problems in that regard."
