Law Minister not given proper information about how judiciary functions: CJI

Sathasivam rejected Kapil Sibal's view that accountability process in judiciary was exceptionally weak.

By: Press Trust of India | New Delhi | Published:February 12, 2014 8:39 pm

Chief Justice of India P Sathasivam on Wednesday rejected Union Law Minister Kapil Sibal’s view that accountability process in judiciary was exceptionally weak, saying all complaints against judges are dealt according to the existing mechanism.

At present, no request of the government or any of its agencies is pending in the Supreme Court, he said. “I have utmost regard for our honorable Law Minister. Unfortunately he was not given accurate and proper information about the role of judges and how the judiciary functions.

“The mechanism to deal with complaints against sitting judges of the Supreme Court and the high courts is provided in the in-house procedure,” he said in his valedictory address during CVC’s golden jubilee celebrations.

He was referring to Sibal’s remarks on Tuesday that the process of accountability within the judiciary was “exceptionally weak”.

“Unless the CJI in his individual capacity grants sanction, there can be no process of investigation. And, therefore, you see very few instances of people being brought to book,” the minister had said.

Sathasivam spoke in detail about the procedure in place to deal with such cases against judges of Supreme Court, high courts and other subordinate courts and employees working under them.

The complaints received by the CJI are examined and ultimately if it is found that deeper probe is required into the allegations contained, a three-member committee is constituted for making fact-finding inquiry, he said.

“If the Committee reports that the misconduct disclosed is so serious as to call for initiation of proceedings for removal of the concerned judge, the Chief Justice of India may advise the concerned judge to resign or seek voluntary retirement or withdraw judicial work and the government may be intimated that this has been done since allegations are so serious as to warrant initiation of proceedings for removal of the concerned judge,” he said.

“A copy of the report is furnished to the concerned judge. At present, no request of the government or any of its agencies is pending in the Supreme Court,” he said.

For all the latest India News, download Indian Express App now

  1. G
    Guest
    Feb 13, 2014 at 12:36 am
    Most of India's problems today exist because the judicial system has gone abysmal. Yet judiciary in India doesn't think it's answerable to anyone?The so-called 'contempt of court' phrase.. Is it a justice system or a hush-up system?Section 377 got reinstated and still my countrymen feel the need to categorically state every single time that they "respect" supreme court's this verdict. Really?Why can't we have more competent judges and politicians? Just why?Why shouldn't there exist better tests to select judges?In 21st century world, a court judge must also have some knowledge of science and technology to get a better perspective on a case.And why shouldn't there be better mechanisms for judicial accountability?
    Reply
    1. G
      Guest
      Feb 13, 2014 at 12:36 am
      Most of India's problems today exist because the judicial system has gone abysmal. Yet judiciary in India doesn't think it's answerable to anyone?The so-called 'contempt of court' phrase.. Is it a justice system or a hush-up system?Section 377 got reinstated and still my countrymen feel the need to categorically state every single time that they "respect" supreme court's this verdict. Really?Why can't we have more competent judges and politicians? Just why?Why shouldn't there exist better tests to select judges?In 21st century world, a court judge must also have some knowledge of science and technology to get a better perspective on a case.And why shouldn't there be better mechanisms for judicial accountability?
      Reply
      1. A
        ARVIND
        Feb 12, 2014 at 4:50 pm
        I beg to differ with the Honble CJI.I complained against Justice Chandramauli Kumar Prasad of his court and sought sanction to prosecute him. No action was ever taken.
        Reply
        1. A
          ARVIND
          Feb 12, 2014 at 4:50 pm
          I beg to differ with the Honble CJI.I complained against Justice Chandramauli Kumar Prasad of his court and sought sanction to prosecute him. No action was ever taken.
          Reply
          1. O
            omkars
            Feb 12, 2014 at 5:04 pm
            Judicial system in India is a joke. Just read the judgment recently over rights and you will laugh at the level of illiteracy among judges. They are also very touchy about any criticism. In the end,judges and judiciary reflect what kind of society we are. Politicians,judges,teachers,doctors ,engineers,writers basically belong to same mediocre system we have created. Judges cannot be a breed apart.
            Reply
            1. O
              omkars
              Feb 12, 2014 at 5:04 pm
              Judicial system in India is a joke. Just read the judgment recently over rights and you will laugh at the level of illiteracy among judges. They are also very touchy about any criticism. In the end,judges and judiciary reflect what kind of society we are. Politicians,judges,teachers,doctors ,engineers,writers basically belong to same mediocre system we have created. Judges cannot be a breed apart.
              Reply
              1. H
                Harsh Ostwal
                Feb 13, 2014 at 12:34 am
                Most of India's problems today exist because the judicial system has gone abysmal. Yet judiciary in India doesn't think it's answerable to anyone?The so-called 'contempt of court' phrase.. Is it a justice system or a hush-up system?Section 377 got reinstated and still my countrymen feel the need to categorically state every single time that they "respect" supreme court's this verdict. Really?Why can't we have more competent judges and politicians? Just why?Why shouldn't there exist better tests to select judges?In 21st century world, a court judge must also have some knowledge of science and technology to get a better perspective on a case.And why shouldn't there be better mechanisms for judicial accountability?
                Reply
                1. H
                  Harsh Ostwal
                  Feb 13, 2014 at 12:34 am
                  Most of India's problems today exist because the judicial system has gone abysmal. Yet judiciary in India doesn't think it's answerable to anyone?The so-called 'contempt of court' phrase.. Is it a justice system or a hush-up system?Section 377 got reinstated and still my countrymen feel the need to categorically state every single time that they "respect" supreme court's this verdict. Really?Why can't we have more competent judges and politicians? Just why?Why shouldn't there exist better tests to select judges?In 21st century world, a court judge must also have some knowledge of science and technology to get a better perspective on a case.And why shouldn't there be better mechanisms for judicial accountability?
                  Reply
                  1. R
                    Raviforjustice Raviforjustice
                    Feb 13, 2014 at 4:08 pm
                    Both the law minister and the CJI fooling the people. It is for these two public servants to ensure that judiciary delivers what it is supposed to deliver meaningfully, transparently and with responsibility. But neither of them will do what they are required to do and keep casting aspersions on each other and expect people to believe them both! While there is a lot that the judiciary has to and can do in house to improve their performance, the law minister has his own responsibility to ensure that this crucial organ of the consution performs according to the laws framed as per the aspiratons of the people.
                    Reply
                    1. R
                      Raviforjustice Raviforjustice
                      Feb 13, 2014 at 4:08 pm
                      Both the law minister and the CJI fooling the people. It is for these two public servants to ensure that judiciary delivers what it is supposed to deliver meaningfully, transparently and with responsibility. But neither of them will do what they are required to do and keep casting aspersions on each other and expect people to believe them both! While there is a lot that the judiciary has to and can do in house to improve their performance, the law minister has his own responsibility to ensure that this crucial organ of the consution performs according to the laws framed as per the aspiratons of the people.
                      Reply
                      1. M
                        Mahesh Kumar
                        Feb 12, 2014 at 4:47 pm
                        very sorry but seems to be rightly brought out by C J I that our law minister is not well informed?
                        Reply
                        1. M
                          Mahesh Kumar
                          Feb 12, 2014 at 4:47 pm
                          very sorry but seems to be rightly brought out by C J I that our law minister is not well informed?
                          Reply
                          1. S
                            santokhsinghsahi
                            Feb 12, 2014 at 8:15 pm
                            All the stake holders, legislature, executive and judiciary, bar included are required to collectively partite in regulatory judicial council to take care of the entire justice delivery system. Such a judicial system issuccessfully working in California, where the SC Chief Justice is isted by nominees from the legislature,subordinate judiciary and bar council. India too needs to consute National and State Judicial Councils by involving all the providers and the consumers. In order to avoid long process of Consutional amendment and often repeated independence of the judiciary,approach the SC for review of “Collegium system”. In case SC fails, then Parliament must step in to full fill itspromise of wiping “every tear of every waiting litigant”, by consuting National and State Judicial Councils, as detailed, below;National Judicial CouncilChairman: (1) Chief Justice of India ; Members:(2) One Nominee of SC Justices; (3) HC CJ’s; (4) Lok Sabha; (5) Rajya Sabha; (6) BCI) and (7) LM. Odd (7) will bedecisive.Functions:(1) Appointment, Transfer, Promotion/Elevation and Removal. (2) Opening and Closing of Benches, as perwork load. (3) Take care of the Finances; availability and utilization. (4) Opening and Closing of Circuit Benches, as per work load. (5) Propose new legislation in law or procedure for improvement.State Judicial CouncilChairman: 1) Chief Justice of the High Court (2) One Nominee of HC Justices;(3) One nominee of District and Session Judges (4) State embly; (4) Vidhan Parishad; (6) State Bar Council (7) LM Odd (7) will be decisive.Functions: (1) Appointment, Transfer, Promotion and Removal. (2) Opening and Closing of Courts; (3) To care of the Finances; availability and utilization. (4) To regulate the general functioning (5) Propose new legislation in law or procedure for improvement.
                            Reply
                            1. S
                              santokhsinghsahi
                              Feb 12, 2014 at 8:15 pm
                              All the stake holders, legislature, executive and judiciary, bar included are required to collectively partite in regulatory judicial council to take care of the entire justice delivery system. Such a judicial system issuccessfully working in California, where the SC Chief Justice is isted by nominees from the legislature,subordinate judiciary and bar council. India too needs to consute National and State Judicial Councils by involving all the providers and the consumers. In order to avoid long process of Consutional amendment and often repeated independence of the judiciary,approach the SC for review of “Collegium system”. In case SC fails, then Parliament must step in to full fill itspromise of wiping “every tear of every waiting litigant”, by consuting National and State Judicial Councils, as detailed, below;National Judicial CouncilChairman: (1) Chief Justice of India ; Members:(2) One Nominee of SC Justices; (3) HC CJ’s; (4) Lok Sabha; (5) Rajya Sabha; (6) BCI) and (7) LM. Odd (7) will bedecisive.Functions:(1) Appointment, Transfer, Promotion/Elevation and Removal. (2) Opening and Closing of Benches, as perwork load. (3) Take care of the Finances; availability and utilization. (4) Opening and Closing of Circuit Benches, as per work load. (5) Propose new legislation in law or procedure for improvement.State Judicial CouncilChairman: 1) Chief Justice of the High Court (2) One Nominee of HC Justices;(3) One nominee of District and Session Judges (4) State embly; (4) Vidhan Parishad; (6) State Bar Council (7) LM Odd (7) will be decisive.Functions: (1) Appointment, Transfer, Promotion and Removal. (2) Opening and Closing of Courts; (3) To care of the Finances; availability and utilization. (4) To regulate the general functioning (5) Propose new legislation in law or procedure for improvement.
                              Reply
                              1. T
                                tj
                                Feb 12, 2014 at 3:43 pm
                                Does judiciary function?I have sent dozens of complaints against judges, with solid doentary proofs, of serious misconduct, corruption, favouritism, indolence, absurd orders, contempt of own court or higher courts, shielding and rewarding criminals and punishing innocent, extortion, blackmailing, scandals etc. But ALL HAVE BEEN HUSHED UP. Neither the complaints were found false, nor any action has been taken.
                                Reply
                                1. Load More Comments