Contents |
Chapter 1 |
Introduction |
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Introduction |
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Procedure Under The Judge (Inouiry) Act, 1968 |
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Procedure Under The Proposed Judges (Inquiry) Bill, 2005 |
Chapter II |
Salient Points That Arise for Discussion in This Study |
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Salient Points That Arise for Discussion in This Study |
Chapter III |
Judicial Accountability and Limitations on Judicial Independence |
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Judicial Accountability and Limitations on Judicial Independence |
Chapter IV |
International Traditions with Regard to Judicial Independence and Judicial Accountability |
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International Traditions with Regard to Judicial Independence and Judicial Accountability |
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U.N. Resolution on Procedures (1989) |
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Dr. Singhvi Declaration on Independence of Judiciary (1985) |
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Dr. L.M. Singhvi's Final Report 1985 |
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U.N. Requests Governments To Take Into Account Dr. Singhvi's Draft (1988) |
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International Commission of Jurists: 1981 (Siracusa Principles) |
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World Conference of Independence of Judiciary, Montreal: 1983 |
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Latimer House Principles and Guidelines for the Commonwealth, 1998 |
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Beijing Statement of Principles of Independence of the Judiciary (1995) |
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Principles Applicable to the tenure and disciplinary action |
Chapter V |
Section 220(2)(b) of the Government of India Act, 1935 & Joint Committee of Parliament on Judges (Inquiry) Bill, 1964 |
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Government of India Act, 1935 & Justice S.P. Sinha's case (1948) |
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Discussion before the Joint Committee |
Chapter VI |
Constitutional Principles Laid Down by Supreme Court of India in Justice V. Ramaswami's Cases |
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Constitutional Principles Laid Down by Supreme Court of India in Justice V. Ramaswami's Cases |
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Brief Chronology of facts and Judgments in Justice V.Ramaswami's cases |
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The Sawant Committee Report (20th July, 1992) |
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Finally, the Committee laid down the following propositions as applicable for inquiry under Article 124(4) |
Chapter VII |
Removal Procedure in The United Kingdom |
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Removal Procedure in The United Kingdom |
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Judicial Correspondance Unit & Protocol: 1998 |
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The Recent Constitutional Reform Act, 2005 |
Chapter VIII |
Impeachment and Address Procedures are Different Impeachment |
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Impeachment and Address Procedures are Different Impeachment |
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Address of both Houses for removal is different from impeachment proceedings |
Chapter IX |
Removal Procedure in Canada (Federal) & in its States |
A. |
Federal Courts |
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Canadian By-laws |
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Complaint procedure |
B. |
Judges of the Provinces in Canada |
Chapter X |
Procedures in Australia (Federal) & State Courts, and Justice Murphy's Case |
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Australian Federal system |
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Odgers' Australian Senate Practice |
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States in Australia |
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New South Wales: Judicial Officers Act, 1986 |
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Victoria |
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Queensland: Western Australia and South Australia |
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1st Senate Committee |
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2nd Senate Committee |
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Criminal Proceedings |
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Inquiry by Parliamentary Commission |
Chapter XI |
Procedures in Hong Kong, Germany and Sweden Hong Kong: |
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Procedures in Hong Kong, Germany and Sweden Hong Kong |
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Germany |
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Sweden |
Chapter XII |
Procedures in Trinidad and Tobago and Privy Council Judgment (1994) |
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Procedures in Trinidad and Tobago and Privy Council Judgment (1994) |
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The Privy Council also observed |
Chapter XIII |
Procedures in Singapore, New Zealand, Israel and Zambia |
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Singapore |
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New Zealand |
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Israel |
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Zambia |
Chapter XIV |
Procedures in Bangladesh, Pakistan and Malaysia |
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Bangladesh |
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Pakistan |
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Malaysia |
Chapter XV |
Procedures in United States of America Federal Judges |
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United States of Americ.- Judges of Federal Courts |
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National Commission on Judicial Discipline and Removal (1993) |
Chapter XVI |
Three Important Issues Decided By U.S. Federal |
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Judiciary |
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Justice Samuel's Chase: (1805) |
Chapter XVII |
Procedures in U.S. State Courts, California, Idaho, Connecticut, Texas and Wisconsin |
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California State Court Judges |
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Art 6, Section 18: Second method: Judicial Performance Commission |
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Idaho State Court Judges |
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Connecticut State Court Judges |
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Connecticut statute referable to Article V (section 7) |
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Texas State Court Judges |
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Texas Rules |
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1st Method |
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2nd Method |
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3rd Method |
Chapter XVIII |
Supreme Court of India: Restatement of Values of Judicial Life and in house Procedure (1997) |
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Restatement of Values of Judicial Life "Resolution |
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Restatement of Values of Judicial Life |
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Discipline and Removal of Judges |
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High Court Judge |
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Chief Justice of The High Court |
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Judge of The Supreme Court |
Chapter XIX |
Supreme Court Of India: In-House Procedure In Justice A.M.Bhattacharjee's Case |
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In-House Procedure In Justice A.M.Bhattacharjee's Case |
Chapter XX |
Discussion, Views and Recommendations on Points Referred to in Chapter II |
(I) |
Is judicial independence absolute and are not judges accountable? |
(II) |
What are the principles of Constitutional law laid down by the Supreme Court in the cases relating to Justice V. Ramaswami? |
(III) |
What are the points arising out of the Report of Justice Sawant Committee |
(IV) |
Is the proposed provision in the Bill of 2005 for establishing a National Judicial Council consisting only of Judges consistent with the concept of judicial accountability? |
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Peer review alone satisfies constitutional standards of independence |
(V) |
Should the Chief Justice of India be excluded from the inquiry on a 'complaint' ? |
(VI) |
What should happen when a Supreme Court Judge against whom a complaint has been filed and is pending, becomes the Chief Justice of India during the pendency of the investigation |
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Chief Justice Gleeson of Australia stated that |
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Harlan J observed |
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The court then made a very crucial observation as follows |
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The Court rejected this contention and observed as follows |
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Canada (Federal) |
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The Law Commission recommends the following amendments to the Bill of 2005 |
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Earlier, the learned Judge observed |
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Various definitions of misbehaviour or incapacity |
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In view of all the above factors, the Law Commission recommends that the Bill of 2005 be amended to provide an appeal to the Supreme Court by a Judge against |
Chapter XXI |
Summary of Recommendations and Views of the Law Commission on the draft Judges (Inquiry) Bill 2005 |
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Summary of Recommendations and Views of the Law Commission on the draft Judges (Inquiry) Bill 2005 |