Parliamentary Panel Recommended Constitutional Amendment to set up NJC

The Parliamentary panel on law and justice, headed by Abhishek Singhvi stated that the Constitution should be amended to set up a National Judicial Commission with powers to initiate criminal prosecution and sacking of corrupt judges. The concluded that judiciary cannot be left unpoliced in matters of corruption. The report prepared by the Parliamentary panel recommended setting up of a National Judicial Commission (NJC) to create a broad-based and comprehensive model of judges appointments. If necessary it should include amendments in the Constitution in the process of comprehensive model of judges appointment.

The recommendations of the Parliamentary Panel

•    The NJC has to be entrusted with powers of both transfer and criminal prosecution of judges for corruption.

•    It may also be given the power for dismissal or removal of judges by relevant amendments in the constitution.

•    The panel also recommended that the former judges working as chairpersons and members of tribunals should also be brought under the NJC.

•    The panel stated that Judicial Accountability Bill is meant to strengthen the existing in-house procedure of the judiciary to deal with wrong behaviour of judges.
 
The Bar Council of India which is the apex regulator of the legal profession in India welcomed the panel’s recommendation. The report also explained the reasons for not bringing the judiciary under the Lokpal's purview as - if the judiciary was included, it would have resulted in possible and direct prosecution of even a Supreme Court judge before a magistrate. The same would have been applied to high court judges.