 lok sabracorrigendum to tim judges (inqujry) bill, 1968 (to be/as introduced in lok sabba) 1 page 6, line 11,-!2!: "rei'tfoml'endia ion" ~ iirrodr1r"fh-d1£t ion" new delhi; july 19, 1268 '~adha 28, 1890 (sakal  rui no 57 01 1968 ----- the judges (n'~quiry) bill' 1958i ': a bill to regulate the procedure for the investigation and proof of the misbehaviour o~ incapacity of a judge of the supreme court or of a high court and fot the presentation  of an address by paruament to the prestdenf and for matters connected therewith be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 (1) this act maybe called the judges (inquiry) act, 1968 short title and com-(2) it shall come into force on such date as the central govern- mencement ment may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-detinltions (a) "chairman" means the chairman of the council of statesj (b) "committee" means a committee constituted under sec tion 3; (c) "judge" means a judge of the supreme c'ourt or of a high court and includes the chief justice of india and the chief justice of a high court; , (d) "prescribed" means prescribed by rules made under this act; (e) "speaker" means the speaker of tlie house of the people (a) in the case of a n'otice given in the house of the people, by not less than one hundred members of that house; jnveati,a-3 (1) if notice is given of a motion f'or presenting an address to tion into the president praying for the removal 'of a judge signeci,-10 mibbehaviouror incapacity ef jud,eby committee (b) in the case of a noftce given in the council of states, by not less than fifty members of that council, then, the :speaker 'or, as the case may be, the chainnan may, aiter 15 col'lsulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to 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 cbainnan shall keep the 1d10tion 20 pending and constitute, as soon as may be, for the purpose of makin, an investigation into the j'l'owld~ on which the removal of a judge is p~yed for, a committee consisting of /three members of whom-(a) one shall be chosen from among the chief justice and other judges of the supreme court; (b) one shall be chosen from ~ the chief justices of th~ high courts; and (c) one shall be a person who is, in the opiaion of the speak er 01',85 theca!le may be, the chainnad, a distinguished jurist: provided that where notices of a motion referred to in sub-section (1) are given on the same day in bot'h houses of parliament, no como: 30 mlttee shall be constituted unless the motion has been admitted in batll houses and where such motion has been admitted in ·bet liou88l, the committee shall be conatituted jointly by the speaket and the chainnan: , , ~ --' provided further that where notices of a motion as aforesaid are given in the houses of parliament on different dates, the notice which s is given later shall stand rejected (3) the committee shall frame definite charges against the judge on the basis of which the investigation is proposed to be held (4) such charges together with a statement of the grounds on which each such charge is based shall be communicated to the judge 10 and he shall be given a reasonable opportunity of presenting a written '1atement of defence within such time as may be specified in this behalt by the committee (5) where it is alleged that the judge is unable to dischllrle the duties of his office efficiently due to any ;physical 011 mental incapaeity is and the allegation is denied, the, committee may arrange for the medical examination of the judge by such medical board as may be ap poiated for the purpose by the speaker or, as the ,case \olay be, the chairman or, where the committee is constituted jointly by the speaker and the chairman, by both of them, for the pm-pose and the 20 judge shall subm1t himseu to such medical examination within the time specified in this behalf by the committee, (6) the medical board shall undertake such medical examination of the jude'e as may be considered necessary and submit a report to the committee stating therein whether the incapacity is such as to 2s render the judge unfit to continue in office (7) if the judge refuses to undergo medical examination considered necessary by the medical board, the board shall submit a report to the committee stating therein the examination which the judge has refused to undergo, and the committee may, on receipt of such 30 report, presume that the judge suffers from such physical or mental incapacity as is alleged in the motion referred to in sub-section (1) (8) the committee may, after considering the written statement of the judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the judge shall be given 'ls a reasonable opportunity of presenting a fresh written statement of " '1 defence, i: , ',~ , ! (9) the central government may, if required by the speaker or the chairman, or both, as the ease may be, appoint an advocate to conduct the case spinst the judge :) 4 (1) subject to any rules that may de made in thill behalf, the committee shall have power to regulate its own procedure in rnaking the investigation and shall give a reasonable opportunity to the judge of cross-examining witnesses, adducing evidence and of being heard in his defence (2) at the conclusion of the investigation, the committee shall submit ita report to the speaker or, as the case may be, to the chairman, or where the committee has been constituted jointly by the speaker and the chairman, to both of them, stating therein its findings on each of the charges separately with such observations on the 10 whole case as it thinks fit (3) the speaker or the chairman, or, where the committee has been constituted jointly by the speaker and the chairman, both of them, sh:a:ll cause the report submitted under sub-section (2) to be laid, as soon as may be, respectively before the house of the people is and the council of states powers of 5 for the purpose of making any investigation under this act, the committee committee shall have the powers of a civil court, while trying a suit, under the code of civil procedure, 1908, in respect of the following 5 of 1908 matters namely: -20 (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) rece~ving evidence on oath; (d) issuing commissions for the examination of witnesses or 2s documents' (e) such other matters as may be prescribed consider-6 (1) if the report of the committee contains a finding that the ation of judge- is not guilty of any misbehaviour or does not suffer from any report and incapacity then, no further steps shall be taken in either house of ;; ro~= parliament in relation to the report and the motion pending in the tation of a house or the houses of parliament shall stand rejected addreas forremovalof judge (2) if the report of the committee contains a finding that the judge is 'guilty of any misbehaviour or suffers from any incapacity then, the motion referred to in sub-section (1) of section 3 shall, to- 3s gether with the report of the committee, be taken up for con_deration by the house or houses of parliament in which it is pending (j) if &be motion is adopted by each house of parliament 1d aceot dance with the provisions of clause (4) of article 124 or as the case may be, in accordance with that clause read with article 218 of the constitution, then, the misbehaviour or incapacity of the judge shall s be deemed to have been proved and an address praying for the removal of the judge shall be presented in the preslcribed manner to the president by each house of parliament in the same llession in which the motion has been adopted 7 (1) tjaere shall be constituted a joint committee of both powerto 10 houses of parliament in accordance with the provisions hereinafter make rule •• contained for the purpose of making rules to carry out the purposes of this act (2) 'i'he joint committee shall consist of fifteen members of whom ten shall be nominated by the speaker and five shall be nominated by is the chainnan (3) the joint committee shall elect its own chairman and shall have power to regulate its own procedure (4) without prejudice to the generality of the provisions of subsection (1), the joint commilttee may make rules to provide for the 20 following among other matters, namely:-(a) the manner of transmission of a motion adopted in one house to the other house of parliament; (b) the manner of presentatioo of an address to the president for the removal of a judge; 2s (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 ii, 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 chair-35 man and are published in the official gazette, and such publication of the rules shall be conclusive proof that they have been duly made,  statement of objects and reasonsudder the constitution, a judge of the supreme court or of a high court may be removed from office on the ground of proved: misbehaviour or incapacity of the judge after an address has been presented to the president for such removal by each house of parliament this bill seeks to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge and for presentation of an address to the president new delhi; y b chavan the 6th june, 1968  president's remommendation under article 117 of the constitution of india(copy of letter no 161 341 66-judl iiin(ii), dated the 11th july, 1968 from shri y b chavan, minister of home affairs to the secretary, lok sabha) the president having been informed of the subject matter of the j':ldges (inquiry) bill, 1968, recommends under article 117 (3) of the constitution the consideration of the bill in the lok sabha  the judges (inquiry) bill, 1968, if enacted, would involve expenditure out of the consolidated fund of india only when a motion, referred to in clause 3(1) of the bill, is admitted in 'either house of parliament when such a motion is admitted, a committee is required to be constituted for making an investigation into the grounds on which the removal of the judge has been prayed for when such a committee is constituted, expenditure will have to be incurred on the following items, namely:-(i) payment to the membe1'5 of the committee, their salaries, allowances and travelling expenditure and payment of salaries, ete, to the secretarial and other staff attached to the members and to the committee; (ii) medical examination of the judge where it is neeem8l'y to determine whether the judge i! suttering from any pliysical or mental incapacity; (iii) payment to the advocate appointed by the central government to conduct the case against the judge; (tv) the facilities to be accorded to the judge for defending himself: (v) 'summoning or examining witnesses or fdr discovery or production of documents or receiving other evidence, etc 2 since the investigation contemplated by the bill is not likely to be a regula!' feature, there is no likelihood of a regular recurring or non-recurring expenditure cod!equent on the enactment of the bill it i not, therefore, possible to estimate accurately at this stage what will be the total recurring or non-recurring expenditure consequent on the enactment of the bill such expenditure will depend on the composition of the committee, the duration of the inquiry, the nature of the charges to be investigated into and other matters referred to above if a committee is constituted for anyone inquiry with ~ judge of the supreme court, a chief justic:e of a high court pnd ~ jurist drawing emoluments equal to that of a chief justice of a lllgh court, and that committee works whole-time for a period of three months, the estimated expenditure will come to about rupees one lakh in such a case no non-recurring expenditure is likely to be involved, clause 7 of the bill empowers the joint committee of the two houses of parliament to make rules to carry out the purposes of the bill, when enacted the matters in respect of which such rules may be made relate to the ma·nner of transmission of a motion adopted in one house to the other ~ouse of parliament, presentation of addrees to the president for the removal of a judge, and grant of travelling and other allowances payable to the members of the committee constituted under clause 3 of the bill, etc these are matters of detail and the delegation of legislative power is of a normal character a bill to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the supreme court or of a high court and for the presentation of an address by parliament to the president and for matters connected therewith (shri y b chavan, minister of hofm ajlairs) 