 bill no 136 of 2010 the judicial standards and accountability  bill, 2010 ———— arrangement of clauses ———— chapter  i preliminary clauses1  short title and commencement 2  definitions chapter   ii judicial standards to be  followed by judges3  judicial standards chapter  iii declaration of assets and liabilities by judges4 declaration of assets and liabilities 5 making available document or information in relation to a declaration of assets andliabilities of judges on website6  maintenance of records chapter  iv making of complaint7  complaints 8  manner of making of complaint 9  reference to scrutiny panel chapter  v scrutiny panel10   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 complaints17  establishment of oversight committee clauses18  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 investigation22  investigation by investigation committee 23  powers of oversight committee and investigating committee 24  search and seizure by investigation committee 25  assistance to investigation committee by government agencies 26  ex parte investigation27  investigation into act or conduct of certain other persons in certain cases 28  submission of report by investigation committee c inquiry procedure of investigation committee29  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 committee32  staff of oversight committee e penalties on conclusion of inquiry33  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 inquiry37  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 tobe confidential44  protection of action taken in good faith chapter vii procedure for presentation of an address for removal  of a judge45  laying of advice of oversight committee before parliament 46 motion for removal of a judge clauses47 investigation into misbehaviour or incapacity of judge by investigation committee forremoval of judges48 consideration of report and procedure for presentation of an address for removal ofjudge49  power of joint committee to make rules chapter viii offences and penalties50  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 of 2010 the judicial standards and accountability bill, 2010 a billto lay down judicial standards and provide for accountability of judges, and, establishcredible 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 proceeding for removal of  a judge and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— chapter  i preliminaryprovided 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 provision2 in  this  act,  unless  the  context  otherwise requires,—definitions(a) "assets" includes immovable and movable property;5explanation—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 immovable property;10(ii) "movable property" includes any other property which is not immovable 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;15(b)  "chairman"  means the chairman of the  council  of states; (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;30(i) "liabilities" includes financial guarantees given and all loans raised from any 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; or35(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 |     |                                                                              |(vii) wilfully giving false information in the declaration of assets andliabilities under this act; or(viii) wilful suppression of any material fact, whether such fact relates to aperiod before assumption of office, which would have bearing on his integrity; or5(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;(m) "prescribed"  means prescribed by rules  made  under this act;10(n) "scrutiny panel" means a panel constituted under sub-section (1) or subsection (2) of section  11  for the scrutiny of complaints;(o)  "speaker" means the speaker of the house of the people chapter   ii judicial standards to be  followed by judges15judicial standards3 (1) every judge shall continue to practice universally accepted values of judicial life 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 orhold such elective office except in a society or association connected with the law or any court;(b) have close assoication with individual members of the bar, particularly withthose 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;30(d)  permit any  member of his family, who is a member of the bar, to use theresidence 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 relativeor a friend is concerned;(f)  enter into public debate or express his views in public on political matters oron matters which are pending or are likely to arise for judicial determination by him:35provided that  nothing contained in this clause shall apply to,—(i) the views expressed by a judge in his individual capacity on issues ofpublic interest (other than as a judge)  during discussion in   private  forum or academic forum;40(ii) the views expressed by a judge relating to administration of court orits efficient functioning;(g) 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;(h) accept gifts or hospitality except from his relatives;(i)  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;(j)  speculate in securities or indulge in insider trading in securities;5(k)  engage, directly or indirectly, in trade or business, either by himself or in 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;10(l)  seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is clearly available or admissible;(m) hold membership in any organisation that practices invidious discrimination on the basis of religion or race or caste or sex or  place of birth;(n) 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 judges254 (1) every judge shall make a declaration of his assets and liabilities in the manner as provided by or under this actdeclaration of assets and 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 information relating to—30(a) the assets of which he, his spouse and his dependent children are, jointly or 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 act35(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 year40(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 prescribedexplanation—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 livelihood5 the competent authority shall exhibit the  document or information in relation to a declaration of assets and liabilities of judges,—(a) in the case of judges  and chief justices of the high courts, on the websiteof  the high court in which such judges and chief justice are serving;5(b) in the case of judges of the supreme court   and chief justice of india,  on thewebsite of the supreme courtmaking available document or information in relation to a declaration of assets and liabilities ofjudges onwebsitemaintenance of records106 the competent authority shall keep the documents or information forms containing the details of the assets and liabilities  and other particulars in relation thereto filed by the  judges  in  its safe custody  for such  period  as  may be decided  by  the  oversight committee chapter   iv making of complaintcomplaints7  any person making an allegation of misbehaviour or incapacity in respect of a judge may file a complaint in this regard to the oversight committee8 the complaint under section 7 shall—15| (                                                                                     | a   | ) be  in such  form  and filed in such manner as may be prescribed;              ||---------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| manner                                                                                | of  |                                                                                  || making                                                                                | of  |                                                                                  || complaint                                                                            |     |                                                                                  || (                                                                                     | b   | ) set forth particulars of the misbehaviour or incapacity which is the subject   || matter of allegation;                                                                 |     |                                                                                  || 20                                                                                    |     |                                                                                  || (                                                                                     | c   | ) be verified at the foot of the complaint by the complainant and shall specify, || 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                                                                          |     |                                                                                  || reference                                                                             | to  |                                                                                  || scrutiny panel                                                                       |     |                                                                                  |9  save as otherwise provided under this act, the oversight committee shall refer all such complaints to the appropriate scrutiny panel constituted under chapter v for scrutiny25 chapter   v scrutiny panelconstitution of scrutiny panel10 there shall be constituted a panel to be called "complaints scrutiny panel" in the supreme court and in every high court to scrutinise the complaints against a judge received under this act30composition of scrutinypanel11 (1) the scrutiny  panel in the supreme court shall consist of  a former chief justice of india  and  two judges of the supreme court to be   nominated by the chief justice of india35(2)  the scrutiny panel in every high court shall consist of a former chief justice of that high court and two judges of that high court to be   nominated by the chief justice of that high courtfunctions of scrutiny panel12  (1) if the scrutiny panel, after scrutiny of  the complaint referred to it for scrutiny under section 9,  and after making scrutiny of the complaint, as it deems appropriate, is satisfied that—40(a) there are sufficient grounds for proceeding against the judge, it shall, afterrecording  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;5(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 (2) the scrutiny panel shall submit its report under clause (a) or clause (b) of subsection (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 committeeprocedure of scrutiny panel1013  save as otherwise provided in this act,  the scrutiny panel shall have power to regulate its own procedure in scrutinising the complaints referred to it for scrutiny under section 9power relating to scrutiny of complaints5 of 190814 the scrutiny panel shall, while scrutinising the complaints forwarded to it for scrutiny under section 9, have all the powers of a civil court trying a suit under the code of civil procedure, 1908 and in particular, in respect of the following matters, namely:—15(a) summoning and enforcing the attendance of any person from any part ofindia 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;20(e) issuing commissions for the examination of witnesses or other documents;and(f) any other matter which may be prescribed25provision for officers andother employees for scrutiny panel15 (1) the chief justice of india shall, determine the nature and categories of the officers and other employees required to assist the scrutiny panel referred to in sub-section (1) 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(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 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 fit3016 if the scrutiny panel is of the opinion that a complaint was filed frivolously or vexatiously or only with a view to scandalise or intimidate a judge, it may refer the case to the oversight committee for further actionprovision regarding frivolous and vexatious complaints chapter   vi a national judicial oversight committee, its powers and functions and procedure for 35 inquiry of complaints 17  with effect from such date as the  central government may,  by notification, appoint, there shall be established a national judicial oversight committee18 (1) the national judicial oversight committee shall consist of the following, namely:—40establishment of oversight committee composition of oversight 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—member;(c) the chief justice of a high court nominated by the chief justice of india—member ex officio;(d) the attorney-general for  india— ex officio member;(e) an eminent person nominted by the president—member:provided that—5(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; or10(b) where the allegations are against the chief justice of a high court, who is amember 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,—15(a) if any change in the composition of the oversight committee arises due to elevation of a member of the oversight committee, as  the chief justice of india  or a judge of a 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,20the proceedings of the oversight committee shall continue from the stage from which it was pending before such change and the chairperson of the oversight committee shall make such incidental changes, as he deems necessary, to continue the proceedings19 the oversight committee shall, within three months of the receipt of a complaint relating to misbehaviour of—forwarding of complaint relating tomisbehaviour to scrutiny panel25(a) an individual judge of the supreme court or chief justice of a high court, refer the complaint, to the scrutiny panel of the supreme court  to scrutinise and 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 thereon3020 the oversight committee shall maintain a record of the complaints referred to the scrutiny panel| records         ||-----------------|| complaints for- || warded to scru- || tiny panel     |21  a complaint against the chief justice of india shall not be referred to the scrutiny panel for scrutiny but shall be scrutinised by the oversight committeecertain complaints not to be forwarded to scrutiny panel b constitution of investigation committee, its powers and functions and procedure for investigation35investigation by investigation committee22 (1) the oversight committee, shall for the purpose of inquiry  for misbehaviour by a judge, constitute an investigation committee (by whatever name called)  to investigate into the complaint in respect of which the scrutiny panel  has recommended in its report under clause (a) of sub-section (1) of section 12 for making inquiry against the judge in accordance with the provisions  of this act40(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:45provided further that the oversight committee may, having regard to the nature ofmisbehaviour of a judge, may constitute different investigation committees for inquiry into different complaints5 of 190823 the oversight committee, shall, for the purpose of  proceedings under this act and  the investigation committee, while conducting any investigation under this chapter, have all the powers of a civil court while  trying a suit under the code of civil procedure, 1908 and in particular, in respect of the following matters, namely:—powers of oversight committee and investigating committee5 (a) summoning and enforcing the attendance of any person from any part ofindia 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;10(e) issuing commissions for the examination of witnesses or other documents;and(f) any other matter which may be prescribed15search and seizure by investigation committee24 (1) if the investigation committee has reason to believe that any documents which,in its opinion, will be useful for, or relevant to, any preliminary investigation or inquiry, are secreted in any place, it may authorise any officer subordinate to it, or any officer of an agency referred to in section 25,  to search for and to seize such documents20(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 may deem fit2 of 197425(3) the provisions of the code of criminal procedure, 1973,  relating to searches shall, so far as may be, apply to searches under this section subject to the modification that subsection (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 substituted25 the investigation committee shall be entitled to make a request to the oversight committee for assistance to it and the oversight committee may invoke its powers in this behalf under section 38 of this actassistance to investigation committee by government agencies30ex parte investigation26 if a judge, to whom notice is issued by the investigation committee referred to in section 22, refuses to appear before it or does not co-operate with it in conducting investigation, then, the investigation committee may proceed ex parte35investigation into act or conduct of certain other persons in certain cases27 the investigation committee may cause investigation into any act or conduct ofany person, other than the judge concerned, in so far as it considers necessary so to do for the purpose of its investigation into any allegations made against a judge and shall give such person a reasonable opportunity of being heard and to produce evidence in his defence28 the investigation committee, after completion of the inquiry in respect of a complaint, shall submit its findings to the oversight committeesubmission of report by investigation committee c inquiry procedure of investigation committee4029 (1) the investigation committee shall frame definite charges against the judge onthe basis of which the inquiry is proposed to be heldprocedure in inquiries by investigation 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 given45a 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 receipt of the complaint:5provided 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 months1030 save as otherwise provided,  the investigation committee shall have power toregulate its own procedure in making the inquiry and shall give reasonable opportunity to the judge of cross examining witnesses, adducing evidence and of being heard in his defenceinvestigation committee to have power to regulate its own procedure31 the central government may, if requested by the investigation committee, appoint an advocate to conduct the cases against the judgecentral government to appoint an advocate to conduct cases against judge d staff of oversight committee15staff of oversight committee32 (1) the oversight committee shall, for the purpose of performing  its functionsunder this act, appoint a secretary and such other officers and employees possessing such qualifications, as the president may determine, from time to time, in consultation with the oversight committee20(2) the terms and conditions of service of the secretary, officers and employees 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 committee25(4)  the oversight committee shall provide such number of its officers and otheremployees 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 inquiry30stoppage of assigning  judicial work in certain cases33 during the pendency of the inquiry by the investigation committee, the oversight committee may recommend stoppage of assigning judicial work including cases assigned to the judge concerned if it appears to the oversight committee that it is necessary in the interest of fair and impartial scrutiny of complaints or investigation or inquiry34  (1) if the oversight committee on receipt of the report from the  investigation committee  is satisfied that—35procedure on receipt of report of investigation committee(a) no charges have been proved,  it shall dismiss the complaint  and matter beclosed 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 ofthe opinion that the charges proved do not warrant removal of the judge, it may, by order, issue advisories or warnings40(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 accordance with the law for the time being in force455(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 government to take further action in the matter under relevant law for the time being in force| advice                                                                                           | to                                                                                       ||--------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|| president for                                                                                    |                                                                                          || removal                                                                                          | of                                                                                       || judge                                                                                           |                                                                                          || 10                                                                                               |                                                                                          || 35                                                                                               |  if the oversight committee is satisfied that all or any of the charges of misbehaviour || or incapacity of a judge have been proved and that they are of serious nature warranting his     |                                                                                          || removal, it shall request the judge to voluntarily resign and if he fails to do so, then, advise |                                                                                          || the president to proceed for the removal of the judge and the president shall refer the matter   |                                                                                          || to parliament                                                                                   |                                                                                          || 15                                                                                               |                                                                                          |36  if the scrutiny panel refers a case to the oversight committee under section 16, the oversight committee shall consider the matter further and if it concurs with the conclusion of the scrutiny panel, it may authorise the filing of a criminal complaint against the original complainant before a competent courtfiling of complaint against complainant in certain cases f other provisions relating to inquiry45 of 1860 2 of 197437  all proceedings under this act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code, and the oversight committee shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 197320proceedings before oversight committee to be judicial proceedingspower to call for assistance38 the oversight committee shall be entitled to take assistance of such officers of thecentral government or state government or any agency thereof or authority as it deems fitconfidentiality in complaint procedure2539 notwithstanding anything contained in any other law for the time being in force,the  complainant and every person who participates in the  scrutiny or investigation or inquiry as a witness or as a legal practitioner or in any other capacity, whether or not he seeks 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 committee30keeping identity  of complainant confidential40 the oversight committee or the scrutiny panel   or investigation committee may, atthe request of a complainant, direct that the complainant be accorded such protection, as it deems appropriate, including keeping his identity confidential, from every body and also the judge against whom the complaint is made3541 after the commencement of scrutiny of complaints under this act, no action forcontempt of court shall lie or shall be proceeded with in respect of the allegations, which are the subject matter of the investigation or inquiryno action for contempt to lie in certain cases42 any scrutiny, investigation or inquiry pending before the scrutiny panel or investigation committee or oversight committee shall not affect the criminal liability in respect of such allegations which are the subject matter of the investigation or inquiry40investigation and inquiry by oversight committee not to affect criminal liability22 of 200543 notwithstanding anything contained in the right to information act, 2005 or anyother law for the time being in force, all papers, documents and records of proceedings related to a complaint, preliminary investigation and inquiry shall be confidential and shall not be disclosed by any person in any proceeding except as directed by the oversight committee:45all records, documents, etc, related to complaint, scrutiny, investigation and inquiry to be confidentialprovided 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 publicprotection  of action taken in good faith544 no suit, prosecution or other legal proceeding shall lie against the chairperson or any member of the oversight committee, scrutiny panel, investigation committee or against 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 judge1045 the president, on receipt of advice under section 35, shall cause the findings of the oversight committee along with the accompanying materials to be laid before both  houses of  parliamentlaying of advice of oversight committee before parliament motion for removal of ajudge46 on laying of the advice of the oversight committee along with the accompanying material, the central government may move a motion in either house of parliament for taking up the said advice for consideration by the house1547  (1) notwithstanding anything contained in section 45 or section 46, if notice is given of a motion for presenting an address to the president praying for the removal of a judge signed,— (a)  in  the  case  of a notice given in the  house  of  the people, by not less than one hundred members of that house;20investigation into misbehaviour orincapacity of judge by investigation committee for removal ofjudges(b)  in the case of a notice 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  chairman  may,  after consulting  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 same25(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 2230(3) the oversight committee, after receipt of reference under sub-section (2), 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 consideration35 (4)  where  it is alleged that a judge is unable  to  discharge the  duties  of his officeefficiently due to any physical  or  mental incapacity and the allegation is denied, the investigation 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 chairman40 (5) the medical board shall undertake such medical examination of the judge as maybe 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 office45(6)   if  the  judge  refuses  to  undergo  medical   examination considered  necessary bythe 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 committee may, on  receipt  of such  report, presume that the judge suffers from  suchphysical  or mental  incapacity  as is alleged in the motion referred  to  in  sub-section (1)48 (1) if the  report  of  the  investigation committee contains a finding that the judge is not guilty of any misbehaviour or does  not suffer from any incapacity, then, no further steps  shall  be taken in either house of parliament in relation to the report and  the motion pending in the house or the houses of parliament shall not  be proceeded with5consideration of report and procedure for presentation of an  address for  removal of judge(2)  if  the report of the investigation committee contains a finding that  the judge  is 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 pending10 (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 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 adopted15power of joint committee to make rules49 (1) there shall be constituted a  joint committee  of  both  the houses  of  parliament  in  accordance  with  the provisions  hereinafter contained for the purpose of making rules  to 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 chairman20(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 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, necessary35(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 duly made chapter   viii offences and penalties40intentional insult or interruption to oversight committee50 (1) whoever intentionally insults, or causes any interruption, to the scrutiny panel or investigation committee or oversight committee while the oversight committee or scrutiny panel or investigation committee or any of their members is doing scrutiny or conducting any investigation or inquiry under this act, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both2 of 197445(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 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 committeepenalty for violation of confidentiality in complaint procedure51 if any complainant or other person, who participates in the  scrutiny or investigationor inquiry as a witness or as a lawyer or in any other capacity, contravenes the provisions of section 39 or section 40 or section 43, shall be liable for punishment  with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees or with both5power of oversight committee to try certain cases102 of 197452 when any such offence as is described in sub-section (1) of section 50  is committed,in the view, or, in the presence, of the oversight committee, then  the said oversight committee, may cause the offender to be detained in custody and may at any time on the same day take cognizance of the offence and after giving the offender a reasonable opportunity of showing 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 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 both15punishment for frivolous and vexatious complaints53 (1) any person who makes a complaint which is found, after  following the procedureunder this act to be frivolous or vexatious  or made with an intent to  scandalise or intimidate the judge against whom such complaint is filed, shall be punishable  with rigorous imprisonment for a term which may extend to five years and also to fine which may extend to five lakh rupees202 of 1974 (2) the provisions of this section shall have effect notwithstanding anything containedin the code of criminal procedure, 1973offences bycompanies25 54 (1) where an offence under this act which has been committed by a company,every person who at the time the  offence was committed was in charge of, and was responsible to, 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 differentunits 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:30provided further that nothing contained in this sub-section shall render any suchperson 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 offence35(2) notwithstanding anything contained in sub-section (1), where an offence underthis 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, 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 accordingly40explanation—for the purpose of this section,— (a) " company" means any body corporate and includes a firm or other associationof individuals; and(b) "director", in relation to a firm, means a partner in the firm45offences bysocieties ortrusts55  (1) where an offence under this act has been committed by a society or trust,every person who at the time the offence was committed was in charge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, as well as the society or trust, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: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 offence5(2) notwithstanding anything contained in sub-section (1), where any offence under 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 accordingly10explanation—for the purpose of this section,—21 of 1860 2 of 1882(a) "society" means any body corporate registered under the societies registration act, 1860 and, "trust" means any body registered under the indian trusts act, 1882;15(b) "director", in relation to a society or trust, means a member of its governing board other than an ex officio member representing the interests of the central or state government or the appropriate statutory authorityappeal to supreme court56  any person convicted on a trial held under sub-section (1) of section 53 may, notwithstanding anything contained in any other law for the time being in force, appeal, within sixty days of order of such conviction, to the supreme court2057  (1) the central government may make rules, in consultation with the chief justice of india, to carry out the provisions of this act (other than the provisions contained under chapter vii)power of central government to make rules(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 returnto be filed, under section 4;(b) the form  and manner in which  complaint shall be filed under section 8;30(c) other matters in respect of which the scrutiny panel shall, for the purpose ofscrutiny of complaint, have powers of a civil court under section 14;(d) other matters in respect of which the oversight committee shall, for thepurpose 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 inrespect of which provision is to be made by rules35 40(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 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 rule45power to remove difficulties58 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, after consultation with the chief justice of india, by an order published in 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: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 parliament51 of 196859 (1) the judges (inquiry) act, 1968 is hereby repealed5repeal and saving51 of 1968(2) notwithstanding the repeal of the judges (inquiry) act, 1968 (hereinafter referredto 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 act10(3) notwithstanding such repeal, anything done or any action taken or purported tohave  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 act10 of 189715(4) the mention of particular  matters in sub-sections (2) and (3) shall not be held  toprejudice 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 standards1norms, 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 2all times be conscious that he is under the public gaze and not do any act oromission which is unbecoming of the high office he occupies and the public esteem in which that office is held3a degree of aloofness consistent with the dignity of his office shall be practisedby every judge4judgments should speak for themselves statement of objects and reasonsthe judges (inquiry) act, 1968 was enacted with a view to lay down a procedure for removal, for proved misbehaviour or incapacity, of judges of the high courts and the supreme court by way of address of the houses of parliament to the president there is, however, no legal provision at present for dealing with complaints filed by the public against judges of the high courts and the supreme court the need for a statutory mechanism to address complaints of the public in this regard has been felt to bring greater transparency in the judiciary2 the full court meeting of supreme court of india on 7 may, 1997 had adopted "the restatement of values of judicial life" the above restatement lays down certain judicial standards which are to be followed by the judges of the supreme court and the high courts however, this restatement of values of judicial life does not have any legal authority and cannot be enforced it is felt that the judicial standards also be made a part of the statute to give it the requisite legal sanction this measure is also likely to increase public confidence in the judiciary considerably as the judges would be required to follow the prescribed judicial standards3 there is also no legal provision at present that requires judges of the supreme court and high courts to declare their assets and liabilities the resolution adopted at the full court meeting of the supreme court of india on 7 may, 1997 requires every judge to declare his assets within a reasonable time of assuming office and thereafter whenever acquisition of substantial nature is made the second administrative reforms commission, in its fourth report on ethics in governance, endorsed the above resolution after noting that independence of judiciary is inextricably linked with judicial ethics and any conduct on the part of a judge which demonstrates lack of integrity and dignity will undermine the trust reposed in the judiciary by the citizens and, therefore, the conduct of a judge should be above reproach in the writ petition (c) no 288/09 filed on behalf of the hon'ble supreme court in the delhi high court challenging the order dated 6 january, 2009 passed by the central information commission under the right to information act, 2005, it has been asserted on behalf of the supreme court that the judiciary has no objection to the disclosure of assets of judges provided this is done in a formal manner by an act of parliament with adequate safeguardsin this backdrop, it is considered necessary to enact a law in this regard to meet with the larger public interest as well as ensuring and maintaining the independence of the judiciary4 the judicial standards and accountability bill, 2010 seeks to repeal the judges(inquiry) act, 1968, while retaining its basic features and aims to achieve all the above objectives of creating a statutory mechanism for enquiring into individual complaints against judges of the high courts and the supreme court and recommending appropriate action, enabling declaration of assets and liabilities of judges and laying down the judicial standards to be followed by the judges all these measures will increase accountability of judges of the high courts and the supreme court thereby further strengthening the independence of the judiciary5 the proposed bill would strengthen the institution of judiciary in india by making it more accountable thereby increasing the confidence of the public in the institution6 the bill seeks to achieve the above objectivesm veerappa  moilythe 10th  november, 2010president's recommendation under article 117 of the constitution ofindia————[copy of letter no k11015/5/2009-usii dated the 16th november, 2010 from dr mveerappa moily, minister of law and justice to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed judicial standards and accountability bill, 2010 has recommended the introduction and considration of the bill under article 117(1) and (3) of the constitution———— notes on clauses clause 2  ¯ this clause defines certain expressions used in the proposed legislation, which, inter alia, include the expressions "assets", "immovable property", "movable property", "competent authority", "incapacity", "investigation committee", "inquiry", "judicial standards", "liabilities" and "misbehaviour", etcclause 3¯ this clause specifies the judicial standards it provides that every judge shall continue to practice universally accepted values of judicial life as specified in the schedule to the proposed legislation the judicial standards, inter alia, include that no judge shall—(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 with individual members of the bar, particularly with those who practice in the same court in which he is a judge; (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 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 on matters which are pending or are likely to arise for judicial determination by him, etc it further defines the term "relative" for the purposes of this clauseclause 4¯ this clause makes provision for declaration of assets and liabilities by judgesit provides that every judge shall make a declaration of his assets and liabilities in the manner as provided by or under the proposed legislationit further provides that 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 information relating to the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries and his liabilities and that of his spouse and his dependent childrenit also provides that every judge shall file with the competent authority, on or before the31st july of every year, an annual return of such assets and liabilities, as on the 31st  march of that year in the form and manner as may be provided in the rulesclause 5¯ this clause provides for making available document or information in relation to a declaration of assets and liabilities of judges on website it provides that the competent authority shall exhibit the document or information in relation to a declaration of assets and liabilities of judges in the case of judges and chief justices of the high courts, on the website of the high court in which such judges and chief justice are serving; and in the case of judges of the supreme court   and chief justice of india,  on the website of the supreme courtclause 6¯ this clause makes provision for maintenance of records it provides that the competent authority shall keep the documents or information forms containing the details of the assets and liabilities and other particulars in relation thereto filed by the judges in its safe custody for such period as may be decided by the oversight committeeclause 7¯ this clause makes provisions relating to complaints it provides that any person making an allegation of misbehaviour or incapacity in respect of a judge may file a complaint in this regard to the oversight committeeclause 8¯ this clause makes provision for manner of making of complaint it provides that the complaint under clause 7 shall be filed in form and manner as may be provided in the rules made in this behalf it further provides that the complaints should set forth particulars of the misbehaviour or incapacity which is the subject matter of allegation and be verified at the foot of the complaint by the complainant and shall specify, 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 informationclause 9¯ this clause makes provision for reference to scrutiny panel it provides that the oversight committee shall refer all such complaints to the appropriate scrutiny panel constituted under chapter v for scrutinyclause 1 0  ¯ this clause provides for the constitution of the scrutiny panel it provides that there shall be constituted a panel to be called "complaints scrutiny panel" in the supreme court and in every high court to scrutinise the complaints against a judge received under the proposed legislationclause 11¯ this clause provides for the composition of the scrutiny panel it provides that the scrutiny panel in the supreme court shall consist of  a former chief justice of india and two judges of the supreme court to be  nominated by the chief justice of india and in every high court the scrutiny panel shall consist of a former chief justice of that high court and two judges of that high court to be   nominated by the chief justice of that high courtclause 12¯  this clause specifies the functions of the scrutiny panel it provides that if the scrutiny panel, after scrutiny of  the complaint referred to it for scrutiny under clause 9, and after making scrutiny of the complaint, as it deems appropriate, is satisfied that 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; and if 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, 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 closedit further provides that the scrutiny panel shall submit its report to the oversight committee within a maximum period of three months from the date of receipt of the complaint from the oversight committeeclause 13¯ this clause provides the procedure of the scrutiny panel it provides that save as otherwise provided in the proposed legislation, the scrutiny panel shall have power to regulate its own procedure in scrutinising the complaintsclause 14¯  this clause vests power of civil court in the scrutiny panel in respect of scrutinising the complaints forwarded to it which include the powers of summoning and enforcing the attendance of any person from any part of india and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; and issuing commissions for the examination of witnesses or other documentsclause 15¯   this clause makes provisions for officers and other employees for the scrutiny panel this clause provides that the chief justice of india shall determine the nature and categories of the officers and other employees required to assist the scrutiny panel in the discharge of its functions and provide the scrutiny panel with such officers and other employees as he may think fitit further provides that 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 in the discharge of its functions and provide the scrutiny panel with such officers and other employees as he may think fitclause 16¯  this clause makes provision regarding frivolous and vexatious complaintsit provides that if the scrutiny panel is of the opinion that a complaint was filed frivolously or vexatiously or only with a view to scandalise or intimidate a judge, it may refer the case to the oversight committee for further actionclause 17 ¯  this clause provides that the central government may, by notification, establish a national judicial oversight committee with effect from such date as it may decideclause 18 ¯ this clause provides for the composition of the oversight committeeit provides that the national judicial oversight committee shall consist of a retired chief justice of india appointed by the president after ascertaining the view of the chief justice of india as its chairperson; and a judge of the supreme court and the chief justice of a high court, to be nominated by the chief justice of india and; the  attorney general for india an, ex officio member and an eminent person  to be nominated by the president as its memberit further provides that 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 and in case where the allegations are against the chief justice of a high court, who is a member of the oversight committee, then,  the chief justice of india shall nominate a chief justice of another high court in his place as member of that committeeit also provides that after the commencement of the  proceedings relating to a complaint against a judge if any change in the composition of the oversight committee arises due to elevation of a member of the oversight committee, as  the chief justice of india  or a judge of a supreme court, as the case may be; or if any change arises in the composition of the oversight committee due to refusal or retirement or resignation or any other reason, then, the proceedings of the oversight committee shall continue from the stage from which it was pending before such change and the chairperson of the oversight committee shall make such incidental changes, as he deems necessary, to continue the proceedingsclause 19¯ this clause provides for procedure of forwarding of complaint relating to misbehaviour to scrutiny panel it provides that the oversight committee shall, within three months of the receipt of a complaint relating to misbehaviour of an individual judge of the supreme court or chief justice of a high court, refer the complaint, to the scrutiny panel of the supreme court  to scrutinise and  report thereon; and in the case of complaint of misbehaviour of 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 thereonclause 20¯ this clause makes provision for maintenance of records of complaints forwarded to scrutiny panel it provides that the oversight committee shall maintain a record of the complaints referred to the scrutiny panelclause 21¯ this clause provides that a complaint against the chief justice of india shall not be referred to the scrutiny panel for scrutiny but shall be scrutinised by the oversight committeeclause 22¯ this clause makes provision for investigation by an investigation committee it provides that the oversight committee constitute an investigation committee to investigate into the complaint in respect of which the scrutiny panel  has recommended in its report for making inquiry against the judge in accordance with the provisions  of the proposed legislationit further provides that the composition and tenure of the investigation committee shall be such as may be decided by the oversight committee and different investigation committees may be constituted for inquiry into different complaintsclause 23¯ this clause vests power of civil court in the oversight committee and the investigation committee in respect of investigation of the complaints forwarded to them which include the powers of summoning and enforcing the attendance of any person from any part of india and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; and issuing commissions for the examination of witnesses or other documentsclause 24¯ this clause empowers the investigation committee with the power of search and seizure it provides that if it has reason to believe that any documents which, in its opinion, will be useful for, or relevant to, any preliminary investigation or inquiry, are secreted in any place, it may authorise any officer subordinate to it, or any officer of an agency referred to in clause 25, to search for and to seize such documentsit further provides that the provisions of the code of criminal procedure, 1973, relating to searches shall, so far as may be, apply to searches under this clause 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 substitutedclause 2 5  ¯ this clause empowers the  investigation committee to make a request to the oversight committee for providing assistance to it and the oversight committee on such request may invoke its powers in this behalf under clause 38 of the proposed legislationclause 26¯ this clause empowers the  investigation committee to proceed ex parte if a judge, to whom notice is issued by the investigation committee referred to in clause 22, refuses to appear before it or does not co-operate with it in conducting investigationclause 2 7  ¯ this clause empowers the investigation committee to cause investigation into any act or conduct of any person after giving such person a reasonable opportunity of being heard and to produce evidence in his defence if it considers necessary so to do for the purpose of its investigation into any allegations made against a judgeclause 28¯ this clause provides that the investigation committee, after completion of the inquiry in respect of a complaint, shall submit its findings to the oversight committeeclause 29¯ this clause lays down the procedure in inquiries by the investigation committee it provides that the investigation committee shall frame definite charges against the judge on the basis of which the inquiry is proposed to be held and every such inquiry shall be conducted in camerait further provides that the charges framed and the statement of grounds on which each such charge is based shall be communicated to the judge and he shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified by the investigation committeeit also provides that the investigation committee shall complete the inquiry within a period of six months from the date of receipt of the complaint and the oversight committee may after recording the reasons in writing extend the period for completion of the inquiry by a further period of six monthsclause 30¯ this clause provides that the investigation committee shall have power to regulate its own procedure in making the inquiry and shall give reasonable opportunity to the judge of cross-examining witnesses, adducing evidence and of being heard in his defenceclause 3 1  ¯ this clause provides that if it is requested by the investigation committee, then, the central government may appoint an advocate to conduct the cases against the judgeclause 32¯ this clause makes provision for staff of the oversight committee it provides that the oversight committee shall appoint a secretary and such other officers and employees possessing such qualifications, as the president may determine, from time to time, in consultation with the oversight committeeit further provides that the terms and conditions of service of the secretary, officers and employees of the oversight committee shall be such as the president may determine, from time to time, in consultation with the oversight committee the secretary, officers and other employees shall be under control and direction of the oversight committeeit also provides that 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 caseclause 33¯ this clause empowers the oversight committee, if it considers it necessary in the interest of fair and impartial scrutiny of complaints or investigation or inquiry, to recommend stoppage of assigning judicial work including cases assigned to the judge concerned during the pendency of the inquiry by the investigation committeeclause 34¯ this clause empowers the oversight committee to dismiss the complaint or impose minor penalties it provides that if the oversight committee on receipt of the report from the investigation committee is satisfied that no charges have been proved, it shall dismiss the complaint and matter be closed and no further action shall be taken against the judge and the complainant shall be informed accordingly it further provides that if 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 order, issue advisories or warningsit further provides that 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 accordance with the law for the time being in forceit also provides that the inquiry or investigation may be continued against the judge even if such judge has demitted office, 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 government to take further action in the matter under relevant law for the time being in forceclause 35¯ this clause makes provision for advice to president for removal of judgeit provides that if the oversight committee is satisfied that all or any of the charges of misbehaviour or incapacity of a judge have been proved and that they are of serious nature warranting his removal, it shall request the judge to voluntarily resign and if he fails to do so, then advise the president accordingly who shall refer the matter to parliamentclause 36¯ this clause provides that if the scrutiny panel refers a case to the oversight committee under clause 16 relating to complaints which was filed frivolously or vexatiously or only with a view to scandalise or intimidate a judge, the oversight committee shall consider the matter and if it concurs with the conclusion of the scrutiny panel, it may authorise the filing of a criminal complaint against the original complainant before a competent courtclause 37¯this clause makes provision to deem all proceedings under the proposed legislation to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code, and the oversight committee shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973clause 38¯ this clause empowers the oversight committee to take assistance of such officers of the central government or state government or any agency thereof or authority as it deems fitclause 39¯ this clause makes provision as regard to confidentiality in complaint procedure it provides that notwithstanding anything contained in any other law for the time being in force, the  complainant and every person who participates in the  scrutiny or investigation or inquiry as a witness or as a legal practitioner or in any other capacity, whether or not he seeks 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 committeeclause 40¯ this clause provides for keeping identity of complainant confidential it provides that the oversight committee or the scrutiny panel or investigation committee may, at the request of a complainant, direct that the complainant be accorded such protection, as it deems appropriate, including keeping his identity confidential, from every body and also the judge against whom the complaint is madeclause 41¯this clause provides that after the commencement of scrutiny of complaint no action for contempt of court shall lie or shall be proceeded with in respect of the allegations, which are the subject matter of the investigation or inquiryclause 42 ¯  this clause provides that any scrutiny, investigation or inquiry pending before the scrutiny panel or investigation committee or oversight committee shall not affect the criminal liability in respect of such allegations which are the subject matter of the investigation or inquiryclause 43¯ this clause make overriding provision with reference to confidentiality of informations it provides that  notwithstanding anything contained in the right to information act, 2005 or any other law for the time being in force, all papers, documents and records of proceedings related to a complaint, preliminary investigation and inquiry shall be confidential and shall not be disclosed by any person in any proceeding except as directed by the oversight committee however, the findings of the investigation committee and the orders passed by the oversight committee under clause (b) of sub-clause (1) of clause 34 relating to action taken on receipt of the report from the investigation committee shall be made publicclause 44¯ this clause provides for protection of action taken in good faith it provides that no suit, prosecution or other legal proceeding shall lie against the chairperson or any member of the oversight committee, scrutiny panel, investigation committee or against 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 thereunderclause 45¯ this clause provides for laying of advice of oversight committee before parliament it provides that the president, on receipt of advice under clause 35, shall cause the findings of the oversight committee along with the accompanying materials to be laid before both the houses of parliamentclause 46¯ this clause provides for motion for removal of a judge it provides that on laying of the advice of the oversight committee along with the accompanying material, the central government may move a motion in either house of parliament for taking up the said advice for consideration by the houseclause 47¯ this clause makes provision of investigation into misbehaviour or incapacity of judge by investigation committee for removal of judges it provides that if notice is given of a motion for presenting an address to the president praying for the removal of a judge signed in  the  case  of a notice given in the  house  of  the people, by not less than one hundred members of that house; and in the case of a notice 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  chairman  may,  after consulting  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 sameit further provides that if the motion 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 clause 22 and thereafter the oversight committee shall constitute an investigation committee which shall conduct an inquiry in accordance with the provisions contained in 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 it also provides that where  it is alleged that a judge is unable  to  discharge the  duties of his office efficiently due to any physical  or mental incapacity and the allegation is denied, the investigation committee may arrange for the  medical examination of the judge by such medical board to  be appointed  for the purpose by the speaker or, as the case may be,  the chairman and the medical board shall undertake medical examination of the judge and submit a report to the investigation committee stating therein whether the incapacity is such as to render the judge unfit to continue in officeit also provides that if the judge refuses to undergo medical examination, the medical board shall submit a report to the investigation committee stating therein the  examination which the judge has refused to undergo, and the investigation committee may, on  receipt of such report, presume that the judge suffers from  such  physical  or mental  incapacity as is alleged in the motionclause 48¯ this clause makes provision for consideration of report and procedure for presentation of an address for removal of judge it provides that if the report of the investigation committee contains a finding that the judge is not guilty of any misbehaviour or does not suffer from any incapacity, then, no further steps shall be taken in either house of parliament in relation to the report and the motion pending in the house or the houses of parliament shall not be proceeded with it further provides that if the report of the investigation committee contains a finding that the judge is guilty of any misbehaviour or suffers from any incapacity, then, the motion referred to in clause 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 it further provides that 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 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 adoptedclause 49¯ this clause empowers the joint committee to make rules it provides that a  joint committee  of  both  houses  of  parliament shall be constituted in  accordance  with the provisions  hereinafter contained for the purpose of making  rules  to carry out the purposes of this chapter it further provides that 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 and the joint committee shall elect its own chairman and shall have power to regulate its own procedureit also specifies the matter for which the joint committee may make rules it also provides that any  rule  made under this clause 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 duly madeclause 50¯ this clause provides punishment for intentional insult or interruption to the oversight committee it provides that whoever intentionally insults, or causes any interruption, to the scrutiny panel or investigation committee or oversight committee while the oversight committee or scrutiny panel or investigation committee or any of their members is doing scrutiny or conducting any investigation or inquiry under the proposed legislation, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with bothit further provides that the provisions of sub-section (2) of section 199 of the code of criminal procedure, 1973 shall apply in relation to an offence under this clause 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 committeeclause 51¯ this clause provides for penalty for violation of confidentiality in complaint procedure it provides that if any complainant or other person, who participates in the scrutiny or investigation or inquiry as a witness or as a legal practitioner or in any other capacity, contravenes the provisions of clause 39 or clause 40 or clause 43, shall be liable for punishment with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees or with bothclause 52¯ this clause makes provision relating to power of the oversight committee to try certain cases it provides that when any offence as is described in sub-clause (1) of clause 50  is committed, in the view, or, in the presence, of the oversight committee, then  said oversight committee, may cause the offender to be detained in custody and may at any time on the same day take cognizance of the offence and after giving the offender a reasonable opportunity of showing cause, try such offender summarily in accordance with the procedure specified for summary trials under the 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 bothclause 53¯ this clause provides for punishment for false and vexatious complaintsit provides that any person who makes a complaint which is found to be frivolous or vexatious or made with an intent to  scandalise or intimidate the judge against whom such complaint is filed, shall be punishable with rigorous imprisonment for a term which may extend to five years and also to fine which may extend to five lakh rupees it further provides that the provisions of this clause shall have effect notwithstanding anything contained in the code of criminal procedure, 1973clause 5 4  ¯ this clause contains provisions relating to offences by companies it provides that where any offence under the proposed legislation has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to 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 it further provides that if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence, he shall not be liable to any punishment provided in the proposed legislationit also provides that where any offence has been committed by 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, 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 accordinglyclause 55¯ this clause contains provision relating to offences by societies or trustsit provides that where an offence under the proposed legislation is committed by a society or trust, every person who at the time the offence was committed was in charge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, as well as the society or trust, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly it further provides that 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, then, such person shall not be liable to any punishment provided in the proposed legislationit also provides that where any offence under the proposed legislation is 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 accordinglyclause 56¯ this clause provides for appeal to supreme court  it provides that any person convicted on a trial held under sub-clause (1) of clause 53 may appeal to the supreme court within a period of sixty days from the date of order of such convictionclause 57¯ this clause empowers the central government to make rules, in consultation with the chief justice of india, by notification in the official gazette, for carrying out the provisions of the proposed legislation (other than provisions contained under chapter vii) it further specifies the matters for which the central government may make rules  it also provides that every rule made by the central government shall be laid before each house of parliamentclause 58¯ this clause makes provisions for removal of difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, after consultation with the chief justice of india, by order published in the official gazette, make such provisions, not inconsistent with the provisions of the proposed legislation as may appear to it to be necessary for removing the difficulty it further provides that such order shall be made within a period of two years from the commencement of the proposed legislation it also provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of  parliamentclause 59¯ this clause provides for repeal of the judges (inquiry) act, 1968 it further provides that notwithstanding the repeal of the judges (inquiry) act, 1968, 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 the proposed legislation it also provides that notwithstanding such repeal, anything done or any action taken under the said acts shall be deemed to have been done or taken under the corresponding provisions of the proposed legislation it also provides that the matters mentioned in sub-clauses (2) and (3) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repealschedule appended to the proposed legislation specifies the judicial standards to be practised by all judges financial  memorandumclause 17 of the bill provides for establishment of national judicial oversight committee comprising of a retired chief justice of  india  as the chairperson, a judge of the supreme court and the chief justice of a high court to be nominated by the chief justice of india and the attorney-general for  india and an eminent person  to be nominated by the president as membersclause 31 of the bill empowers the central government, if requested by the investigation committee, to appoint an advocate to conduct the cases against the judgeclause 32 of the bill provides for appointment of a secretary and such other officers and employees as the president may determine, from time to time, in consultation with the oversight committeethe expenditure on account of the aforesaid provisions would be negligible at this stage, it is not practicable to make an estimate of expenditure likely to be involved in the financial year 2010-2011, both recurring and non-recurring however, the expenditure would be met from the consolidated fund of india memorandum  regarding  delegated  legislationsub-clause (1) of clause 57 of the bill empowers the central government to make rules, in consultation with the chief justice of india, to carry out the provisions of the proposed legislation2 sub-clause (2) of clause 57 specifies the matters in respect of which such rules may be made these matters, inter alia, include: (i) the form in which the information relating to assets and liabilities is to be furnished by judges and the form for filing annual return by judges regarding their assets and liabilities, (ii) the form and manner in which a complaint is to be filed, (iii) other matters in respect of which the scrutiny panel and the oversight committee shall have powers of a civil court, and (iv) any other matter which is required to be or may be prescribed for the purposes of the proposed legislation3 the rules made by the central government are to be laid before each house of parliament4 the matters in respect of which rules may be made in accordance with the aforesaid provisions of the bill are matters of procedure and detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto lay down judicial standards and provide for accountability of judges, and, establishcredible 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 proceeding for removal of  a judge and for matters connected therewith or incidental thereto————