 the judges (inquiry) bill 1964 " billto regulate the procedure 10,- the i7lt1eltigctt~ sftd proof 'of' :, miabehaviour or incapacity of 4 judge of the supreme coon tir of a high coon am fo,-the present4tioft 01 4" add,  :  bsl parziament to the preside7lt be it enacted by parliament in the fifteenth year 01 the republic of india as follows:-l (1) thia act may be called the judgel (inquiry) act, 11k short dtll -d com (2) it shall come into force on such date 81 the central govera- mcace  5 ment may, by notification in the official gazette, appoint z in this act, unless the context otherwile requira,-(a) "judge" means a judge of the supreme court or of - high court and includes the chief justice of india and the chief justice of a high court; 10 (b) "special tribunal" means a special tribunal codlt1tuted under section 3j (c) ccprescribed" means prescribed by rule mad and  this act a (1) if the presidedt, on receipt of a report or otherwise is tri tllvesei-~ wo~· j5 opinion that there are ,ood grounds lor malddr an brvestiptlod behaviour t!it into the misbehaviour or incapacity of a judge, he may constitute tr,::rr" a special tribunal for the purpose of making such ad investigatioll ~pee:i1 lind forward the grounds of such idvesu,atloll to the ipedal 1"rib-l trlhuaal , ,!: i· !~ (2) the special tribunal shall consist of such number of members, being not less than three in numiber, as the president may think fit to appoint from among persons who are or have been judges of the supreme court and one of them shall be appointed by ,the president as the chairman thereof (3) the special tribunal shall frame detmite charges against the judge on the basis of which the investigation is proposed to be held _ i (4) such charges together with a statement of the grounds on " which each charge is based shall be communicated to the judge and 10 he shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the special tribunal (5) where it is alleged that the judge is unable to discharge the duties of his office efficiently due to any physical or mental incapa- i, city and the allegation is denied, the special tribunal may arrange ,for the medical examination of the judge by such medical board as may be appointed by the president for the purpose and the judge 'shall submit himself to such medical examination within the time specified in this ibehalf by the special tribunal 20 (6) the medical board shall undertake such medical examination of the judge as may be considered necessary and submit a report to the special tribunal stating therein whether the incapacity is ,auch as to render the judge unfit to continue in office (7) the special tribunal may, after considering the written 25 statement· of the judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the judge ,shall be given a reasonable opportunity of presenting a fresh written statement of defence (8) the president may, if he so thinks fit, appoint a person to 30 conduct the case against the judge 4, (1)' subject to any rules that may be made in this behalf, the special tribunal shall have power to regulate its own procedure in making the investigation and shan give q reasonable opportunity to the judge of cross-examining witnesses, adducing evidence od behalf of the defenoe and of being heard 35 (2) after the close of the investigation, the special tribunal aba11 submit its report to the president stating therein its fbldinp on each of the charges separately with such observatlons on the whole case as it may think fit (3) the president shall cause the report submitted under iubsection (2) to be laid before each house of parliament s s for the purpose of making any investigation under this aet, ~ of the special tribunal shall have the powers of a civil court while ~buall trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any person 10 and examining him on oath; (b) requiring the discovery and production of document;· (e) receiving evidence on oath; (d) issuing commissions for the examination of witneuel or documents; i, (e) such other matters as may be prescribed 6 each house of parliament may take into consideration the r;~r:'e!:t report of the special tribunal in relation to the misbehaviour or tloa of incapacity of a judge and if the judge is to be removed from his ~~i= office on the ground of proved misbehaviour or incapacity, it shall 10 present an address to the president for such removal through the speaker of the house of the people, or the chainnan of the counell of states, as the case may be 'i (1) the central government may, by notiftca~on in the oftl-:r:r cial gazette, make rules to carry out the purposes of this act as (2) 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session imine-,0 diately following, 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 j5 anything previously done under that rule,  state!4ent of objects and reasonsunder the constitution, a judge of the supreme court or of a high co\ut may be removed from office on the ground of proved misbehaviour or incapacity of the judge after an address has been presented to the president for such removal by each house of parliament this bill seeks to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge and tw: the presentation of an address to the president r m hajarnavis the bill provides for the constitution of a special tribunalfoj; the purpose of making an investigation into the misbehaviour or incapacity of a judge the appointment of a special tribunal, if and when constituted, will involve lome expenditure from the consolidated fund of india and the amount of expenditure will depend upon the nature of the investigation to be made by the special tribunal it is not, however, possible at this stage to say whether it would be necessary to constitute any special tribunal or to give an estimate of the amount of expenditure, if an,, likq to b incurrecl  iildiorandum regarding delegated legislationclause t of the bill empowers the central government to make rules to oarry out the purposes of the bill when enacted the matters in respect of which rules may be made relate to the procedure to be followed by the special tribunal and the powers of the special tribunal them are matters of detail and the deleaatiod et l,wati  power 11 of - nonqal charac1er a bill to rcjulate the procedure for the investigation and pro)f of the misbehaviour or incapacity of a judge of the supreme court or of a high court and for the presentation of an address by parliament to the president (shri r m hajarnavis, minister of state in the ministry 0/ home affairs) 