AS PASSED BY LOK SABHA ON 29TH MARCH, 2012

Bill No. 136-C of 2010

THE JUDICIAL STANDARDS AND ACCOUNTABILITY BILL, 2012

——————
ARRANGEMENT OF CLAUSES
——————
CHAPTER I
PRELIMINARY
CLAUSES
1. Short title and commencement.
2. Definitions.
.
CHAPTER II
JUDICIAL STANDARDS TO BE FOLLOWED BY JUDGES

3. Judicial standards.
CHAPTER III
DECLARATION OF ASSETS AND LIABILITIES BY JUDGES
4. Declaration of assets and liabilities.
5. Making available document or information in relation to a declaration of assets and
liabilities of Judges on website.
6. Maintenance of records.
CHAPTER IV
MAKING OF COMPLAINT

7. Complaints.
8. Manner of making of complaint.
9. Reference to Scrutiny Panel.
CHAPTER V
SCRUTINY PANEL
10. Constitution of Scrutiny Panel.
11. Composition of Scrutiny Panel.
12. Functions of Scrutiny Panel.
13. Procedure of Scrutiny Panel.
14. Power relating to scrutiny of complaints.
15. Provision for officers and other employees for Scrutiny Panel.
16. Provision regarding frivolous and vexatious complaints.

CHAPTER VI
A. NATIONAL JUDICIAL OVERSIGHT COMMITTEE, ITS POWERS AND FUNCTIONS AND PROCEDURE FOR
INQUIRY OF COMPLAINTS

17. Establishment of Oversight Committee.

 (ii)

CLAUSES
18. Composition of Oversight Committee.
19. Forwarding of complaint relating to misbehaviour to Scrutiny Panel.
20. Records of complaints forwarded to Scrutiny Panel.
21. Certain complaints not to be forwarded to Scrutiny Panel.
B. CONSTITUTION OF INVESTIGATION COMMITTEE, ITS POWERS AND FUNCTIONS AND PROCEDURE FOR
INVESTIGATION

22. Investigation by investigation committee.

23. Powers of Oversight Committee and investigation committee.
24. Search and seizure by investigation committee.
25. Assistance to investigation committee by Government agencies.
26. Ex parte investigation.
27. Investigation into act or conduct of certain other persons in certain cases.
28. Submission of report by investigation committee.
C. INQUIRY PROCEDURE OF INVESTIGATION COMMITTEE
29. Procedure in inquiries by investigation committee.
30. Investigation committee to have power to regulate its own procedure.
31. Central Government to appoint an advocate to conduct cases against Judge.
D. STAFF OF OVERSIGHT COMMITTEE
32. Staff of Oversight Committee.
E. PENALTIES ON CONCLUSION OF INQUIRY
33. Stoppage of assigning judicial work in certain cases.
34. Procedure on receipt of report of investigation committee.
35. Advice to President for removal of Judge.
36. Filing of complaint against complainant in certain cases.
F. OTHER PROVISIONS RELATING TO INQUIRY
37. Proceedings before Oversight Committee to be judicial proceedings.
38. Power to call for assistance.
39. Confidentiality in complaint procedure.
40. Keeping identity of complainant confidential.
41. No action for contempt to lie in certain cases.
42. Investigation and inquiry by Oversight Committee not to affect criminal liability.
43. All records, documents, etc., related to complaint, scrutiny, investigation and inquiry to
be confidential.
44. Protection of action taken in good faith.
CHAPTER VII
PROCEDURE FOR PRESENTATION OF AN ADDRESS FOR REMOVAL OF A JUDGE

45. Laying of advice of Oversight Committee before Parliament.

46. Motion for removal of a Judge.
 (iii)

CLAUSES
47. Investigation into misbehaviour or incapacity of Judge by investigation committee for
removal of Judges.
48. Consideration of report and procedure for presentation of an address for removal of
Judge.
49. Power of Joint Committee to make rules.
CHAPTER VIII
OFFENCES AND PENALTIES

50. Intentional insult or interruption to Oversight Committee.

51. Penalty for violation of confidentiality in complaint procedure.
52. Power of Oversight Committee to try certain cases.
53. Punishment for frivolous and vexatious complaints.
54. Offences by companies.
55. Offences by societies or trusts.
56. Appeal to Supreme Court.
57. Power of Central Government to make rules.
58. Power to remove difficulties.
59. Repeal and saving.
THE SCHEDULE.
 Bill No. 136-C of 2010

THE JUDICIAL STANDARDS AND ACCOUNTABILITY BILL, 2012

A

BILL
to lay down judicial standards and provide for accountability of Judges, and, establish
credible and expedient mechanism for investigating into individual complaints for
misbehaviour or incapacity of a Judge of the Supreme Court or of a High Court and
to regulate the procedure for such investigation; and for the presentation of an
address by Parliament to the President in relation to proceedings for removal of a
Judge and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY

1. (1) This Act may be called the Judicial Standards and Accountability Act, 2012. Short title and
commencement.
5 (2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint:
 2
Provided that different dates may be appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be construed as
a reference to the coming into force of that provision.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) “assets” includes immovable and movable property; 5
Explanation.—For the purposes of this clause,—
(i) “immovable property” includes the land and any building or other
structure attached to the land or permanently fastened to anything which is
attached to the land, and tenancies, lease holds or any other interest in immov-
able property; 10
(ii) “movable property” includes any other property which is not immov-
able property as also corporeal and incorporeal property of every description
and household goods and personal effects of the value of each item of more
than fifty thousand rupees;
(b) “Chairman” means the Chairman of the Council of States; 15
(c) “competent authority” means in relation to,—
(i) the Judge of the High Court, the Chief Justice of that High Court;
(ii) the Chief Justice of the High Court, the Chief Justice of India;
(iii) the Judge of the Supreme Court, the Chief Justice of India;
(iv) the Chief Justice of India, the President of India; 20
(d) “incapacity” means physical or mental incapacity which is, or is likely to be,
of a permanent character;
(e) “investigation committee” means the investigation committee constituted
under section 22;
(f) “inquiry” means an inquiry for proof of misbehaviour or incapacity; 25
(g) “Judge” means a Judge of the Supreme Court or of a High Court and
includes the Chief Justice of India and the Chief Justice of a High Court;
(h) “judicial standards” means the values of judicial life specified in section 3,
and the Schedule;
(i) “liabilities” includes financial guarantees given and all loans raised from any 30
bank, financial institution or any other source;
(j) “misbehaviour” means,—
(i) conduct which brings dishonour or disrepute to the judiciary; or
(ii) wilful or persistent failure to perform the duties of a Judge; or
(iii) wilful abuse of judicial office; or 35
(iv) corruption or lack of integrity which includes delivering judgments
for collateral or extraneous reasons, making demands for consideration in cash
or kind for giving judgments or any other action on the part of the Judge which
has the effect of subverting the administration of justice; or
(v) committing an offence involving moral turpitude; or 40
(vi) failure to furnish the declaration of assets and liabilities in accordance
with the provisions of this Act; or
 3
(vii) wilfully giving false information in the declaration of assets and
liabilities under this Act; or
(viii) wilful suppression of any material fact, whether such fact relates to a
period before assumption of office, which would have bearing on his integrity;
5 or
(ix) wilful breach of judicial standards;
(k) “notification” means a notification published in the Official Gazette;
(l) “Oversight Committee” means the National Judicial Oversight Committee
established under section 17;
10 (m) “prescribed” means prescribed by rules made under this Act;
(n) “Scrutiny Panel” means a panel constituted under sub-section (1) or sub-
section (2) of section 11 for the scrutiny of complaints;
(o) “Speaker” means the Speaker of the House of the People.
CHAPTER II
15 JUDICIAL STANDARDS TO BE FOLLOWED BY JUDGES

3. (1) Every Judge shall continue to practice universally accepted values of judicial life Judicial stan-
dards.
as specified in the Schedule to this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, no
Judge shall—
20 (a) contest the election to any office of a club, society or other association or
hold such elective office except in a society or association connected with the law or
any court;
(b) have close association or close social interaction with individual members of
the Bar, particularly with those who practice in the same court in which he is a Judge;
25 (c) permit any member of his immediate family (including spouse, son, daughter,
son-in-law or daughter-in-law or any other close relative), who is a member of the
Bar, to appear before him or associated in any manner with a cause to be dealt with by
him;
(d) permit any member of his family, who is a member of the Bar, to use the
30 residence in which the Judge actually resides or use other facilities provided to the
Judge, for professional work of such member;
(e) hear and decide a matter in which a member of his family, or his close relative
or a friend is concerned;
(f) enter into public debate or express his views in public on political matters or
35 on matters which are pending or are likely to arise for judicial determination by him:
Provided that nothing contained in this clause shall apply to,—
(i) the views expressed by a Judge in his individual capacity on issues of
public interest (other than as a Judge) during discussion in private forum or
academic forum so as not to affect his functioning as a Judge;
40 (ii) the views expressed by a Judge relating to administration of court or
its efficient functioning;
(g) make unwarranted comments against conduct of any Constitutional or
statutory authority or statutory bodies or statutory institutions or any chairperson or
member or officer thereof, in general, or at the time of hearing matters pending or likely
45 to arise for judicial determinations.
(h) give interview, to the media in relation to any of his judgment delivered, or
order made, or direction issued, by him, in any case adjudicated by him;
(i) accept gifts or hospitality except from his relatives;
 4
(j) hear and decide a matter in which a company or society or trust in which he
holds or any member of his family holds shares or interest, unless he has disclosed his
such holding or interest, and no objection to his hearing and deciding the matter is raised;
(k) speculate in securities or indulge in insider trading in securities;
(l) engage, directly or indirectly, in trade or business, either by himself or in 5
association with any other person:
Provided that the publication of a legal treatise or any activity in the nature of a
hobby shall not be construed as trade or business for the purpose of this clause;
(m) seek any financial benefit in the form of a perquisite or privilege attached to
his office unless it is clearly available or admissible; 10
(n) hold membership in any organisation that practices invidious discrimination
on the basis of religion or race or caste or sex or place of birth;
(o) have bias in his judicial work or judgments on the basis of religion or race or
caste or sex or place of birth.
Explanation.—For the purposes of this sub-section, “relative” means— 15
(i) spouse of the Judge;
(ii) brother or sister of the Judge;
(iii) brother or sister of the spouse of the Judge;
(iv) brother or sister of either of the parents of the Judge;
(v) any lineal ascendant or descendant of the Judge; 20
(vi) any lineal ascendant or descendant of the spouse of the Judge;
(vii) spouse of the person referred to in clauses (ii) to (vi).
CHAPTER III
DECLARATION OF ASSETS AND LIABILITIES BY JUDGES
Declaration of 4. (1) Every Judge shall make a declaration of his assets and liabilities in the manner as 25
assets and provided by or under this Act.
liabilities.
(2) A Judge shall, within thirty days from the date on which he makes and subscribes
an oath or affirmation to enter upon his office, furnish to the competent authority the infor-
mation relating to—
(a) the assets of which he, his spouse and his dependent children are, jointly or 30
severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children.
(3) A Judge holding his office as such, at the time of the commencement of this Act, shall
furnish information relating to such assets and liabilities, as referred to in sub-section (2) to
the competent authority within thirty days of the coming into force of this Act. 35
(4) Every Judge shall file with the competent authority, on or before the 31st July of
every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as
on the 31st March of that year.
(5) The information under sub-section (2) or sub-section (3) and annual return under
sub-section (4) shall be furnished in such form and in such manner, as may be prescribed. 40
Explanation.—For the purposes of this section, “dependent children” means sons
and daughters who have no separate means of earning and are wholly dependent on the
Judge for their livelihood.
 5
5. The competent authority shall exhibit the document or information in relation to a Making avail-
declaration of assets and liabilities of Judges,— able document
or information
(a) in the case of Judges and Chief Justices of the High Courts, on the website in relation to a
declaration of
of the High Court in which such Judges and Chief Justice are serving;
assets and
(b) in the case of Judges of the Supreme Court and Chief Justice of India, on the liabilities of
5 Judges on
website of the Supreme Court. website.
6. The competent authority shall keep the documents or information forms containing Maintenance
the details of the assets and liabilities and other particulars in relation thereto filed by of records.
the Judges in its safe custody for such period as may be decided by the Oversight
10 Committee.

CHAPTER IV
MAKING OF COMPLAINT

7. Any person making an allegation of misbehaviour or incapacity in respect of a Complaints.

Judge may file a complaint in this regard to the Oversight Committee.
15 8. The complaint under section 7 shall— Manner of
making of
(a) be in such form and filed in such manner as may be prescribed; complaint.

(b) set forth particulars of the misbehaviour or incapacity which is the subject
matter of allegation;
(c) be verified at the foot of the complaint by the complainant and shall specify,
20 by reference to the numbered paragraphs of the complaint, what he verifies of his own
knowledge and what he verifies upon information and shall refer to the source of the
information.
9. Save as otherwise provided under this Act, the Oversight Committee shall refer Reference to
all such complaints to the appropriate Scrutiny Panel constituted under Chapter V for Scrutiny Panel.
25 scrutiny.

CHAPTER V
SCRUTINY PANEL
10. There shall be constituted a panel to be called “Complaints Scrutiny Panel” in the Constitution of
Supreme Court and in every High Court to scrutinise the complaints against a Judge received Scrutiny Panel.

30 under this Act.

11. (1) The Scrutiny Panel in the Supreme Court shall consist of a former Chief Justice Composition
of India and two Judges of the Supreme Court to be nominated by the Chief Justice of of Scrutiny
Panel.
India.
(2) The Scrutiny Panel in every High Court shall consist of a former Chief Justice of
35 that High Court and two Judges of that High Court to be nominated by the Chief Justice of
that High Court.
12. (1) If the Scrutiny Panel, after scrutiny of the complaint referred to it for scrutiny Functions of
under section 9, and after making scrutiny of the complaint, as it deems appropriate, is Scrutiny Panel.
satisfied that—

40 (a) there are sufficient grounds for proceeding against the Judge, it shall, after
recording reasons therefor, submit a report on its findings to the Oversight
Committee for making inquiry against the Judge in accordance with the provisions of
this Act;
 6
(b) the complaint is frivolous or vexatious, or, is not made in good faith, or there
are not sufficient grounds for inquiring into the complaint, or the complaint relates
only to the merits of the judgment or a procedural order, and, then, it shall after
recording reasons therefor submit a report on its findings to the Oversight Committee
for not proceeding with the complaint and treating the matter as closed. 5
(2) The scrutiny of complaints under this section by the Scrutiny Panel shall be held in
camera.
(3) The Scrutiny Panel shall submit its report under clause (a) or clause (b) of sub-
section (1), to the Oversight Committee in this behalf within a maximum period of three
months from the date of receipt of the complaint from the Oversight Committee. 10
Procedure of 13. Save as otherwise provided in this Act, the Scrutiny Panel shall have power to
Scrutiny Panel. regulate its own procedure in scrutinising the complaints referred to it for scrutiny under
section 9.
Power relating 14. The Scrutiny Panel shall, while scrutinising the complaints forwarded to it for
to scrutiny of scrutiny under section 9, have all the powers of a civil court trying a suit under the Code of 15
complaints.
Civil Procedure, 1908 and in particular, in respect of the following matters, namely:— 5 of 1908.

(a) summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; 20
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or other documents;
and
(f) any other matter which may be prescribed.
Provision for 15. (1) The Chief Justice of India shall, determine the nature and categories of the officers 25
officers and and other employees required to assist the Scrutiny Panel referred to in sub-section (1) of
other employ-
ees for Scrutiny
section 11 in the discharge of its functions and provide the Scrutiny Panel with such officers
Panel. and other employees as he may think fit.
(2) The Chief Justice of the High Court shall, determine the nature and categories of
the officers and other employees required to assist the Scrutiny Panel referred to in 30
sub-section (2) of section 11 in the discharge of its functions and provide the Scrutiny Panel
with such officers and other employees as he may think fit.
Provision 16. If the Scrutiny Panel is of the opinion that a complaint was filed frivolously or
regarding vexatiously or only with a view to scandalise or intimidate a Judge, it may refer the case to the
frivolous and
vexatious
Oversight Committee for further action. 35
complaints.
CHAPTER VI
A. NATIONAL JUDICIAL OVERSIGHT COMMITTEE, ITS POWERS AND FUNCTIONS AND PROCEDURE FOR
INQUIRY OF COMPLAINTS

Establishment 17. With effect from such date as the Central Government may, by notification,
of Oversight appoint, there shall be established a National Judicial Oversight Committee. 40
Committee.
Composition 18. (1) The National Judicial Oversight Committee shall consist of the following,
of Oversight namely:—
Committee.
(a) a retired Chief Justice of India appointed by the President after ascertaining
the views of the Chief Justice of India — Chairperson;
(b) a Judge of the Supreme Court nominated by the Chief Justice of India— 45
Member;
 7
(c) the Chief Justice of a High Court nominated by the Chief Justice of India—
Member;
(d) the Attorney-General for India— ex officio Member;
(e) an eminent person nominted by the President—Member:
5 Provided that—
(a) where the allegations are against a Judge of the Supreme Court, who is a
member of the Oversight Committee, then, the Chief Justice of India shall nominate
another Judge of the Supreme Court in his place as a member of that committee; or
(b) where the allegations are against the Chief Justice of a High Court, who is a
10 member of the Oversight Committee, then, the Chief Justice of India shall nominate a
Chief Justice of another High Court in his place as a member of that committee.
(2) After the commencement of the proceedings relating to a complaint against a
Judge,—
(a) if any change in the composition of the Oversight Committee arises due to
15 elevation of a member of the Oversight Committee, as the Chief Justice of India or a
Judge of the Supreme Court, as the case may be; or
(b) if any change arises in the composition of the Oversight Committee due to
refusal or retirement or resignation or any other reason,
the proceedings of the Oversight Committee shall continue from the stage from which it was
20 pending before such change and the Chairperson of the Oversight Committee shall make
such incidental changes, as he deems necessary, to continue the proceedings.
19. The Oversight Committee shall, within three months of the receipt of a complaint Forwarding of
relating to misbehaviour of— complaint
relating to
(a) an individual Judge of the Supreme Court or Chief Justice of a High Court, misbehaviour to
25 refer the complaint, to the Scrutiny Panel of the Supreme Court to scrutinise and Scrutiny Panel.
report thereon;
(b) an individual Judge of a High Court, refer the complaint, to the Scrutiny Panel
of the High Court in which such Judge is acting as such, to scrutinise and report
thereon.
30 20. The Oversight Committee shall maintain a record of the complaints referred to the Records of
Scrutiny Panel. complaints
forwarded to
Scrutiny Panel.
21. A complaint against the Chief Justice of India shall not be referred to the Scrutiny C e r t a i n
Panel for scrutiny but shall be scrutinised by the Oversight Committee. complaints not
to be forwarded
to Scrutiny
Panel.
B. CONSTITUTION OF INVESTIGATION COMMITTEE, ITS POWERS AND FUNCTIONS AND PROCEDURE FOR
35 INVESTIGATION

22. (1) The Oversight Committee, shall for the purpose of inquiry for misbehaviour by Investigation by
a Judge, constitute an investigation committee (by whatever name called) to investigate into investigation
the complaint in respect of which the Scrutiny Panel has recommended in its report under committee.
clause (a) of sub-section (1) of section 12 for making inquiry against the Judge in accordance
40 with the provisions of this Act.
(2) The composition and tenure of the investigation committee shall be such as may be
decided by the Oversight Committee:
Provided that the number of the investigation committees, in no case, at a time, shall
exceed three:
45 Provided further that the Oversight Committee may, having regard to the nature of
misbehaviour of a Judge, may constitute different investigation committees for inquiry into
different complaints.
 8
Powers of 23. The Oversight Committee, shall, for the purpose of proceedings under this Act
Oversight and the investigation committee, while conducting any investigation under this Chapter,
Committee
and investiga- have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 5 of 1908.
tion commit- and in particular, in respect of the following matters, namely:—
tee.
(a) summoning and enforcing the attendance of any person from any part of 5
India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or other documents; 10
and
(f) any other matter which may be prescribed.
Search and 24. (1) If the investigation committee has reason to believe that any documents which,
seizure by in its opinion, will be useful for, or relevant to, any preliminary investigation or inquiry, are
investigation
committee.
secreted in any place, it may authorise any officer subordinate to it, or any officer of an 15
agency referred to in section 25, to search for and to seize such documents.
(2) If the investigation committee is satisfied that any document seized under
sub-section (1) would be evidence for the purpose of any investigation and that it
would be necessary to retain the original document in its custody, it may so retain the said
document till the completion of such investigation or retain a copy of such document, as it 20
may deem fit.
(3) The provisions of the Code of Criminal Procedure, 1973, relating to searches shall, 2 of 1974.
so far as may be, apply to searches under this section subject to the modification that sub-
section (5) of section 165 of the said Code shall have effect as if, for the word “Magistrate”,
wherever it occurs, the words “investigation committee or any officer authorised by it” were 25
substituted.
Assistance to 25. The investigation committee shall be entitled to make a request to the Oversight
investigation Committee for assistance to it and the Oversight Committee may invoke its powers in this
committee by
Government
behalf under section 38 of this Act.
agencies.
Ex parte 26. If a Judge, to whom notice is issued by the investigation committee referred to in 30
investigation. section 22, refuses to appear before it or does not co-operate with it in conducting investiga-
tion, then, the investigation committee may proceed ex parte.
Investigation 27. The investigation committee may cause investigation into any act or conduct of
into act or
any person, other than the Judge concerned, in so far as it considers necessary so to do for
conduct of
certain other the purpose of its investigation into any allegations made against a Judge and shall give 35
persons in such person a reasonable opportunity of being heard and to produce evidence in his
certain cases. defence.
Submission of 28. The investigation committee, after completion of the inquiry in respect of a com-
report by plaint, shall submit its findings to the Oversight Committee.
investigation
committee.
C. INQUIRY PROCEDURE OF INVESTIGATION COMMITTEE 40
Procedure in 29. (1) The investigation committee shall frame definite charges against the Judge on
inquiries by
investigation
the basis of which the inquiry is proposed to be held.
committee.
(2) Every such inquiry shall be conducted in camera by the investigation committee.
(3) Charges framed under sub-section (1) together with the statement of grounds on
which each such charge is based shall be communicated to the Judge and he shall be given 45
 9
a reasonable opportunity of presenting a written statement of defence within such time as
may be specified by the investigation committee.
(4) The investigation committee shall hold every such inquiry as expeditiously as
possible and in any case complete the inquiry within a period of six months from the date of
5 receipt of the complaint:
Provided that the Oversight Committee, for reasons to be recorded in writing, may
extend the period for completion of the inquiry by a further period of six months.
30. Save as otherwise provided, the investigation committee shall have power to Investigation
regulate its own procedure in making the inquiry and shall give reasonable opportunity to committee to
have power to
10 the Judge of cross examining witnesses, adducing evidence and of being heard in his regulate its own
defence. procedure.
31. The Central Government may, if requested by the investigation committee, Central
appoint an advocate to conduct the cases against the Judge. Government
to appoint an
advocate to
conduct cases
against Judge.
D. STAFF OF OVERSIGHT COMMITTEE
15 32. (1) The Oversight Committee shall, for the purpose of performing its functions Staff of
under this Act, appoint a Secretary and such other officers and employees possessing such Oversight
Committee.
qualifications, as the President may determine, from time to time, in consultation with the
Oversight Committee.
(2) The terms and conditions of service of the Secretary, officers and employees
20 referred to in sub-section (1) shall be such as the President may determine, from time to time,
in consultation with the Oversight Committee.
(3) In the discharge of their functions under this Act, the Secretary, the officers and
employees referred to in sub-section (1) shall be subject to the administrative control and
direction of the Oversight Committee.

25 (4) The Oversight Committee shall provide such number of its officers and other
employees to assist the investigation committee as the Oversight Committee considers
appropriate having regard to the nature of investigation in a case.
E. PENALTIES ON CONCLUSION OF INQUIRY
33. During the pendency of the inquiry by the investigation committee, the Oversight Stoppage of
30 Committee may recommend stoppage of assigning judicial work including cases assigned to assigning
judicial work
the Judge concerned if it appears to the Oversight Committee that it is necessary in the in certain
interest of fair and impartial scrutiny of complaints or investigation or inquiry. cases.

34. (1) If the Oversight Committee on receipt of the report from the investigation Procedure on
committee is satisfied that— receipt of
report of
35 (a) no charges have been proved, it shall dismiss the complaint and matter be investigation
committee.
closed and no further action shall be taken against the Judge and the complainant shall
be informed accordingly;
(b) all or any of the charges have been proved but the Oversight Committee is of
the opinion that the charges proved do not warrant removal of the Judge, it may, by
40 order, issue advisories or warnings.
(2) Without prejudice to the provisions contained in sub-section (1), if the Oversight
Committee, on receipt of the report from the investigation committee is satisfied that there
has been a prima facie commission of any offence under any law for the time being in force
by a Judge, it may recommend to the Central Government for prosecution of the Judge in
45 accordance with the law for the time being in force.
 10
(3) In a case where an inquiry or investigation against the Judge has been initiated
and such Judge has demitted office during such inquiry or investigation, such inquiry or
investigation may be continued if the Oversight Committee is of the opinion that the
misbehaviour is serious in nature and requires to be inquired into or investigated and the
Oversight Committee may after conclusion of inquiry forward its findings to the Central 5
Government to take further action in the matter under relevant law for the time being in force.
Advice to 35. If the Oversight Committee is satisfied that all or any of the charges of misbehaviour
President for or incapacity of a Judge have been proved and that they are of serious nature warranting his
removal of removal, it shall request the judge to voluntarily resign and if he fails to do so, then, advise
Judge.
the President to proceed for the removal of the Judge and the President shall refer the matter 10
to Parliament.
Filing of 36. If the Scrutiny Panel refers a case to the Oversight Committee under section 16, the
complaint Oversight Committee shall consider the matter further and if it concurs with the conclusion
against
of the Scrutiny Panel, it may authorise the filing of a criminal complaint against the original
complainant 15
in certain
complainant before a competent court.
cases. F. OTHER PROVISIONS RELATING TO INQUIRY
Proceedings 37. All proceedings under this Act shall be deemed to be judicial proceedings within
before the meaning of sections 193 and 228 of the Indian Penal Code, and the Oversight Committee 45 of 1860.
Oversight shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the
Committee to
Code of Criminal Procedure, 1973. 20 2 of 1974.
be judicial
proceedings.
Power to call 38. The Oversight Committee shall be entitled to take assistance of such officers of the
for assistance. Central Government or State Government or any agency thereof or authority as it deems fit.
Confidentiality 39. Notwithstanding anything contained in any other law for the time being in force,
in complaint the complainant and every person who participates in the scrutiny or investigation or
procedure. inquiry as a witness or as a legal practitioner or in any other capacity, whether or not he seeks 25
confidentiality about his name, shall undertake to the Oversight Committee or Scrutiny Panel
or investigation committee that he shall not reveal his own name, the name of the Judge
complained against, the contents of the complaint or any of the documents or proceedings
to anybody else including the media without the prior written approval of the Oversight
Committee: 30
Provided that the Oversight Committee may, if it considers appropriate, authorise any
person to apprise the media or press in respect of matters relating to complaint, scrutiny or
investigation or inquiry, as the case may be.
Keeping 40. The Oversight Committee or the Scrutiny Panel or investigation committee may, at
identity of the request of a complainant, direct that the complainant be accorded such protection, as it 35
complainant deems appropriate, including keeping his identity confidential, from every body and also the
confidential.
Judge against whom the complaint is made.
No action for 41. After the commencement of scrutiny of complaints under this Act, no action for
contempt to contempt of court shall lie or shall be proceeded with in respect of the allegations, which are
lie in certain the subject matter of the investigation or inquiry.
cases.
40

Investigation 42. Any scrutiny, investigation or inquiry pending before the Scrutiny Panel or inves-
and Inquiry by tigation committee or Oversight Committee shall not affect the criminal liability in respect of
Oversight such allegations which are the subject matter of the investigation or inquiry.
Committee
not to affect
criminal
liability.
All records, 43. Notwithstanding anything contained in the Right to Information Act, 2005 or any 22 of 2005.
documents, other law for the time being in force, all papers, documents and records of proceedings 45
etc., related related to a complaint, preliminary investigation and inquiry shall be confidential and shall
to complaint, not be disclosed by any person in any proceeding except as directed by the Oversight
scrutiny, Committee:
investigation
and inquiry to
be confidential.
 11
Provided that the findings of the investigation committee and the orders passed by the
Oversight Committee under clause (b) of sub-section (1) of section 34 shall be made public.
44. No suit, prosecution or other legal proceeding shall lie against the Chairperson or Protection of
any member of the Oversight Committee, Scrutiny Panel, investigation committee or against action taken in
good faith.
5 any officer or employee, agency or person engaged by such committees or panel for the
purpose of conducting scrutiny or investigation or inquiry in respect of anything which is in
good faith done or intended to be done under this Act or the rules made thereunder.
CHAPTER VII
PROCEDURE FOR PRESENTATION OF AN ADDRESS FOR REMOVAL OF A JUDGE
10 45. The President, on receipt of advice under section 35, shall cause the findings of the Laying of advice
Oversight Committee along with the accompanying materials to be laid before both Houses of Oversight
of Parliament. Committee
before
Parliament.
46. On laying of the advice of the Oversight Committee along with the accompanying Motion for
material, the Central Government may move a motion in either House of Parliament for taking removal of a
Judge.
15 up the said advice for consideration by the House.
47. (1) Notwithstanding anything contained in section 45 or section 46, if notice is Investigation
given of a motion for presenting an address to the President praying for the removal of a into mis-
behaviour or
Judge signed,—
incapacity of
(a) in the case of a notice given in the House of the People, by not less than Judge by
investigation
20 one hundred members of that House; committee for
removal of
(b) in the case of a notice given in the Council of States, by not less than fifty
Judges.
members of that Council,
then, the Speaker or, as the case may be, the Chairman may, after consulting such persons,
if any, as he thinks fit and after considering such materials, if any, as may be available to
25 him, either admit the motion or refuse to admit the same.
(2) If the motion referred to in sub-section (1) is admitted, the Speaker or, as the case
may be, the Chairman shall keep the motion pending and the matter shall be referred to the
Oversight Committee for constitution of an investigation committee under section 22.
(3) The Oversight Committee, after receipt of reference under sub-section (2),
30 constitute an investigation committee under section 22 and the investigation committee
shall conduct an inquiry in accordance with the provisions contained under Chapter VI and
submit its report to the Oversight Committee for being submitted to the Speaker or Chairman,
as the case may be, for consideration.
(4) Where it is alleged that a Judge is unable to discharge the duties of his office
35 efficiently due to any physical or mental incapacity and the allegation is denied, the inves-
tigation committee may arrange for the medical examination of the Judge by such Medical
Board as may be appointed for the purpose by the Speaker or, as the case may be, the
Chairman.
(5) The Medical Board shall undertake such medical examination of the Judge as may
40 be considered necessary and submit a report to the investigation committee stating therein
whether the incapacity is such as to render the Judge unfit to continue in office.
(6) If the Judge refuses to undergo medical examination considered necessary by
the Medical Board, the Board shall submit a report to the investigation committee stating
therein the examination which the Judge has refused to undergo, and the investigation
45 committee may, on receipt of such report, presume that the Judge suffers from such
physical or mental incapacity as is alleged in the motion referred to in sub-section (1).
 12
Consideration 48. (1) If the report of the investigation committee contains a finding that the Judge
of report and is not guilty of any misbehaviour or does not suffer from any incapacity, then, no further
procedure for
presentation steps shall be taken in either House of Parliament in relation to the report and the motion
of an address pending in the House or the Houses of Parliament shall not be proceeded with.
for removal
of Judge. (2) If the report of the investigation committee contains a finding that the Judge is 5
guilty of any misbehaviour or suffers from any incapacity, then, the motion referred to in
section 46 shall together with the report of the investigation committee, be taken up for
consideration by the House or the Houses of Parliament in which it is pending.
(3) If the motion is adopted by each House of Parliament in accordance with the
provisions of clause (4) of article 124 or, as the case may be, in accordance with that clause 10
read with article 218 of the Constitution, then, the misbehaviour or incapacity of the Judge
shall be deemed to have been proved and an address praying for the removal of the Judge
shall be presented in the prescribed manner to the President by each House of Parliament in
the same session in which the motion has been adopted.
Power of Joint 49. (1) There shall be constituted a Joint Committee of both Houses of Parliament 15
Committee to in accordance with the provisions hereinafter contained for the purpose of making rules to
make rules.
carry out the purposes of this Chapter.
(2) The Joint Committee shall consist of fifteen members of whom ten shall be
nominated by the Speaker and five shall be nominated by the Chairman.
(3) The Joint Committee shall elect its own Chairman and shall have power to regulate 20
its own procedure.
(4) Without prejudice to the generality of the provisions of sub-section (1), the Joint
Committee may make rules to provide for the following, among other matters, namely:—
(a) the manner of transmission of a motion adopted in one House to the other
House of Parliament; 25
(b) the manner of presentation of an address to the President for the removal
of a Judge;
(c) the travelling and other allowances payable to the members of the
Committee and the witnesses who may be required to attend such Committee;
(d) the facilities which may be accorded to the Judge for defending himself; 30
(e) any other matter which has to be, or may be, provided for by rules or in
respect of which provision is, in the opinion of the Joint Committee, necessary.
(5) Any rules made under this section shall not take effect until they are approved
and confirmed both by the Speaker and the Chairman and are published in the Official
Gazette, and such publication of the rules shall be conclusive proof that they have been 35
duly made.
CHAPTER VIII
OFFENCES AND PENALTIES

Intentional 50. (1) Whoever intentionally insults, or causes any interruption, to the Scrutiny Panel
insult or or investigation committee or Oversight Committee while the Oversight Committee or Scru- 40
interruption
to Over-
tiny Panel or investigation committee or any of their members is doing scrutiny or conduct-
sight ing any investigation or inquiry under this Act, shall be punished with simple imprisonment
Committee. for a term which may extend to six months, or with fine, or with both.
(2) The provisions of sub-section (2) of section 199 of the Code of Criminal Procedure,
1973 shall apply in relation to an offence referred to in sub-section (1) as they apply in 45 2 of 1974.
relation to an offence referred to in sub-section (2) of the said section 199, subject to the
modification that no complaint in respect of such offence shall be made by the Public
Prosecutor except with the previous sanction of the Oversight Committee.
 13
51. If any complainant or other person, who participates in the scrutiny or investigation Penalty for
or inquiry as a witness or as a lawyer or in any other capacity, contravenes the provisions of violation of
confidentiality
section 39 or section 40 or section 43, shall be liable for punishment with simple imprisonment in complaint
for a term which may extend to one month, or with fine which may extend to five hundred procedure.
5 rupees, or with both.
52. When any such offence as is described in sub-section (1) of section 50 is committed, Power of
in the view, or, in the presence, of the Oversight Committee, then the said Oversight Committee, Oversight
Committee to
may cause the offender to be detained in custody and may at any time on the same day take try certain
cognizance of the offence and after giving the offender a reasonable opportunity of showing cases.
10 cause as to why he should not be punished under this section, try such offender summarily
so far as may be in accordance with the procedure specified for summary trials under the
2 of 1974. Code of Criminal Procedure, 1973, and sentence him to simple imprisonment for a term
which may extend to one month, or with fine which may extend to five hundred rupees, or
with both.
15 53. (1) Any person who makes a complaint which is found, after following the procedure Punishment
under this Act to be frivolous or vexatious or made with an intent to scandalise or intimidate for frivolous
and vexatious
the Judge against whom such complaint is filed, shall be punishable with simple imprisonment complaints.
which may extend to one year and also with fine which may extend to fifty thousand rupees.
(2) The provisions of this section shall have effect notwithstanding anything contained
2 of 1974. 20 in the Code of Criminal Procedure, 1973.
(3) No suit, prosecution or other legal proceeding shall lie against the complaint under
this section in respect of anything which is in good faith done or intended to be done under
this Act.
54. (1) Where an offence under this Act has been committed by a company, every Offences by
person who at the time the offence was committed was in charge of, and was responsible to, Companies.
25
the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that where a company has different establishments or branches or different
30 units in any establishment or branch, the concerned Head or the person in-charge of such
establishment, branch or unit nominated by the company as responsible shall be liable for
contravention in respect of such establishment, branch or unit:
Provided further that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the offence was
35 committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of or is attributable to any neglect on the part of,
40 any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “ company” means any body corporate and includes a firm or other association
45 of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
55. (1) Where an offence under this Act has been committed by a society or trust, Offences by
every person who at the time the offence was committed was in charge of, and was responsible societies or
trusts.
to, the society or trust for the conduct of the business of the society or the trust, as well as
50 the society or trust, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
 14
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under 5
this Act has been committed by a society or trust and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the part of
any director, manager, secretary, trustee or other officer of the society or trust, such director,
manager, secretary, trustee or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly. 10
Explanation.—For the purpose of this section,—
(a) “society” means any body corporate registered under the Societies
Registration Act, 1860 and, “trust” means any body registered under the Indian Trusts 21 of 1860.
Act, 1882; 2 of 1882.

(b) “director”, in relation to a society or trust, means a member of its governing 15

board other than an ex officio member representing the interests of the Central or State
Government or the appropriate statutory authority.
Appeal to 56. Any person convicted on a trial held under sub-section (1) of section 53 may,
Supreme notwithstanding anything contained in any other law for the time being in force, appeal,
Court.
within sixty days of order of such conviction, to the Supreme Court. 20
Power of 57. (1) The Central Government may make rules, in consultation with the Chief Justice
Central of India, to carry out the provisions of this Act (other than the provisions contained under
Government
to make rules.
Chapter VII).
(2) In particular, and without prejudice to the generality of the foregoing power, rules
made under this section may provide for all or any of the following matters, namely:— 25
(a) the form and manner in which, information is to be furnished or, annual return
to be filed, under section 4;
(b) the form and manner in which complaint shall be filed under section 8;
(c) other matters in respect of which the Scrutiny Panel shall, for the purpose of
scrutiny of complaint, have powers of a civil court under section 14; 30
(d) other matters in respect of which the Oversight Committee shall, for the
purpose of inquiry or investigation of complaint have powers of a civil court under
clause (f) of section 23;
(e) any other matter which is required to be, or may be, specified by rules or in
respect of which provision is to be made by rules. 35
(3) Every rule made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule 40
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
Power to 58. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
remove Government may, after consultation with the Chief Justice of India, by an order published in 45
difficulties.
the Official Gazette, make such provisions, not inconsistent with the provisions of this Act
as appear to it to be necessary or expedient for removing the difficulty:
 15
Provided that no such order shall be made after the expiry of a period of three years
from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
51 of 1968. 5 59. (1) The Judges (Inquiry) Act, 1968 is hereby repealed. Repeal and
saving.
51 of 1968. (2) Notwithstanding the repeal of the Judges (Inquiry) Act, 1968 (hereinafter referred
to as the repealed Act) the rules made by the Joint Committee under section 7 of the repealed
Act shall continue to be in force until rules are framed under section 49 of this Act.
(3) Notwithstanding such repeal, anything done or any action taken or purported to
10 have been done or taken including any order or notice made or issued or any inquiry
initiated under the repealed Act shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done or taken or initiated under the corresponding
provisions of this Act.
(4) The mention of particular matters in sub-sections (2) and (3) shall not be held to
10 of 1897. 15 prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with
regard to the effect of repeal.
 THE SCHEDULE
[See section 3(1)]
JUDICIAL STANDARDS

1. Norms, including punctuality and commitment to work, guidelines and conventions

essential for the conduct and behaviour of Judges, being pre-requisite for an
independent, strong and respected judiciary, having integrity and detachment
and impartial administration of justice as reflected in the Restatement of Values
already adopted by the Conference of Chief Justices held in 1999 shall be practised
by every Judge.
2. All times be conscious that he is under the public gaze and not do any act or
omission which is unbecoming of the high office he occupies and the public
esteem in which that office is held.
3. A degree of aloofness consistent with the dignity of his office shall be practised
by every Judge.
4. Judgments should speak for themselves.

16
 LOK SABHA

————

BILL
to lay down judicial standards and provide for accountability of Judges, and, establish
credible and expedient mechanism for investigating into individual complaints for
misbehaviour or incapacity of a Judge of the Supreme Court or of a High Court and to
regulate the procedure for such investigation; and for the presentation of an address
by Parliament to the President in relation to proceedings for removal of a Judge and for
matters connected therewith or incidental thereto.

————

(As passed by Lok Sabha)

GMGIPMRND—4853LS—29.03.2012