Date:27/09/2008 URL: http://www.thehindu.com/2008/09/27/stories/2008092755761300.htm

National

Impeachment ultimately a political decision: CJI

Vinay Kumar

A judge should not be thrown out of judiciary by a simple procedure
There is a prescribed procedure; if Parliament wants to change it, it can do so

NEW DELHI: Chief Justice of India K.G. Balakrishnan on Thursday said impeachment of a judge of higher judiciary was ultimately a “political decision” and Parliament had to decide it.

While admitting that the process was “too cumbersome and long-drawn,” he was, however, not in favour of simplifying it.

“I agree it takes time but it is also important to protect the independence of the judiciary. A judge should not be thrown out of the judiciary by a simple procedure, it will have serious repercussions. There is a prescribed procedure; if Parliament wants to change it, it can do so. Too much simplification is also not good, there are leaders in Parliament who are accountable to people, let them think about it.”

Justice Balakrishnan was replying to queries during an interaction with journalists here. Some questions related to his recommendation that Justice Soumitra Sen of the Calcutta High Court be impeached on charges of “misconduct.” The Centre also approved the decision as he did not heed the advice of the Chief Justice of India to either resign or take voluntary retirement. Justice Balakrishnan said complaints against judges were of a very “general nature” and often anonymous. “It is not that there are no complaints but mostly these are from disgruntled litigants. Many do not disclose their names. If there is a specific complaint and of a serious nature, we look into it seriously,” he said, citing the Supreme Court handing over to the CBI the probe into the Uttar Pradesh provident fund scam.

On filling vacancies in High Courts, Justice Balakrishnan said that out of the sanctioned strength of 876 judges there were 264 vacancies. “Some High Courts have recently raised their strength. In the Madras High Court, 11 vacancies are being filled up. It is a long process which takes nearly three to four months and passes through several Ministries like Law and Home before getting the final approval of the President for appointment of High Court judges.”

The selection proforma was also being changed slightly with the inclusion of details of any pending criminal case and any pending inquiry by the Bar Council of India.

The main criterion was to look for good practising lawyers who had been meticulous and who had displayed exemplary behaviour and dignified conduct in their profession.

But the Chief Justice’s main concern was a rather large number of vacancies at the level of district judges and senior civil judges. “In the subordinate courts, we have total sanctioned strength of 16,158 district judges and senior civil judges and there are a little over 3,000 vacancies which we are not able to fill up quickly.”