Centre defers Judicial Standards and Accountability Bill; Law min says Bill needs “further consultation”

The long dormant Judicial Standards and Accountability Bill will not see the light of day yet, after the Central Government deferred it on Thursday. Law Minister Sadananda Gowda said that the matter requires further consultation with various stakeholders..The Bill, which proposes to lay down standards of conduct for judges of the Supreme Court and the High Courts, had lapsed after it was passed in the Lok Sabha in March 2012. In August 2013, the Rajya Sabha made its amendments to the Bill..The Bill has drawn flak from members of the legal fraternity. Last year, Law Commission Chairman Justice AP Shah had criticised the Bill for failing to maintain the balance between judicial accountability and independence. He said,. “The statutory laying down of judicial standards, thereby making the non-observance of such standards justiciable, opens a Pandora’s box of litigation.”.He also termed the definition of “misbehaviour” in clause 2(j) of the Bill as “over-inclusive”, saying that even a minor infraction would constitute misconduct..In February 2014, the Union Cabinet cleared amendments to the Bill, including the removal of the clause which precluded judges from making “unwarranted comments” against Constitutional and statutory authorities. In another amendment, a specific definition of “relative” was introduced in Schedule II. This definition pertains to the clause which prohibits judges from hearing matters of relatives..Other features of the Bill include the requirement of judges to disclose their assets and the power granted to “any person” to make a complaint alleging misconduct or misbehaviour on the part of a judge. The Bill, if ever passed by both Houses, will replace the existing in-house mechanism in the Supreme Court and High Courts.