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Report No. 195

The Judges (Inquiry) Bill, 2005

Contents
Chapter 1 Introduction
Introduction
Procedure Under The Judge (Inouiry) Act, 1968
Procedure Under The Proposed Judges (Inquiry) Bill, 2005
Chapter II Salient Points That Arise for Discussion in This Study
Salient Points That Arise for Discussion in This Study
Chapter III Judicial Accountability and Limitations on Judicial Independence
Judicial Accountability and Limitations on Judicial Independence
Chapter IV International Traditions with Regard to Judicial Independence and Judicial Accountability
International Traditions with Regard to Judicial Independence and Judicial Accountability
U.N. Resolution on Procedures (1989)
Dr. Singhvi Declaration on Independence of Judiciary (1985)
Dr. L.M. Singhvi's Final Report 1985
U.N. Requests Governments To Take Into Account Dr. Singhvi's Draft (1988)
International Commission of Jurists: 1981 (Siracusa Principles)
World Conference of Independence of Judiciary, Montreal: 1983
Latimer House Principles and Guidelines for the Commonwealth, 1998
Beijing Statement of Principles of Independence of the Judiciary (1995)
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
Government of India Act, 1935 & Justice S.P. Sinha's case (1948)
Discussion before the Joint Committee
Chapter VI Constitutional Principles Laid Down by Supreme Court of India in Justice V. Ramaswami's Cases
Constitutional Principles Laid Down by Supreme Court of India in Justice V. Ramaswami's Cases
Brief Chronology of facts and Judgments in Justice V.Ramaswami's cases
The Sawant Committee Report (20th July, 1992)
Finally, the Committee laid down the following propositions as applicable for inquiry under Article 124(4)
Chapter VII Removal Procedure in The United Kingdom
Removal Procedure in The United Kingdom
Judicial Correspondance Unit & Protocol: 1998
The Recent Constitutional Reform Act, 2005
Chapter VIII Impeachment and Address Procedures are Different Impeachment
Impeachment and Address Procedures are Different Impeachment
Address of both Houses for removal is different from impeachment proceedings
Chapter IX Removal Procedure in Canada (Federal) & in its States
A. Federal Courts
Canadian By-laws
Complaint procedure
B. Judges of the Provinces in Canada
Chapter X Procedures in Australia (Federal) & State Courts, and Justice Murphy's Case
Australian Federal system
Odgers' Australian Senate Practice
States in Australia
New South Wales: Judicial Officers Act, 1986
Victoria
Queensland: Western Australia and South Australia
1st Senate Committee
2nd Senate Committee
Criminal Proceedings
Inquiry by Parliamentary Commission
Chapter XI Procedures in Hong Kong, Germany and Sweden Hong Kong:
Procedures in Hong Kong, Germany and Sweden Hong Kong
Germany
Sweden
Chapter XII Procedures in Trinidad and Tobago and Privy Council Judgment (1994)
Procedures in Trinidad and Tobago and Privy Council Judgment (1994)
The Privy Council also observed
Chapter XIII Procedures in Singapore, New Zealand, Israel and Zambia
Singapore
New Zealand
Israel
Zambia
Chapter XIV Procedures in Bangladesh, Pakistan and Malaysia
Bangladesh
Pakistan
Malaysia
Chapter XV Procedures in United States of America Federal Judges
United States of Americ.- Judges of Federal Courts
National Commission on Judicial Discipline and Removal (1993)
Chapter XVI Three Important Issues Decided By U.S. Federal
Judiciary
Justice Samuel's Chase: (1805)
Chapter XVII Procedures in U.S. State Courts, California, Idaho, Connecticut, Texas and Wisconsin
California State Court Judges
Art 6, Section 18: Second method: Judicial Performance Commission
Idaho State Court Judges
Connecticut State Court Judges
Connecticut statute referable to Article V (section 7)
Texas State Court Judges
Texas Rules
1st Method
2nd Method
3rd Method
Chapter XVIII Supreme Court of India: Restatement of Values of Judicial Life and in house Procedure (1997)
Restatement of Values of Judicial Life "Resolution
Restatement of Values of Judicial Life
Discipline and Removal of Judges
High Court Judge
Chief Justice of The High Court
Judge of The Supreme Court
Chapter XIX Supreme Court Of India: In-House Procedure In Justice A.M.Bhattacharjee's Case
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?
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
Chief Justice Gleeson of Australia stated that
Harlan J observed
The court then made a very crucial observation as follows
The Court rejected this contention and observed as follows
Canada (Federal)
The Law Commission recommends the following amendments to the Bill of 2005
Earlier, the learned Judge observed
Various definitions of misbehaviour or incapacity
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
Summary of Recommendations and Views of the Law Commission on the draft Judges (Inquiry) Bill 2005


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