Misbehaviour by judges - Law commission recommends
Imposition of minor measures: - invest the Judicial Council with power, in a complaint procedure, to itself impose minor measures where the proved misbehaviour or incapacity does not warrant removal. Such minor measures would include (i) issuing advisories, (ii) request for retirement, (iii) stoppage of assignment of judicial work for a limited time (iv) warning, (v) censure or admonition (public or private). Of course, in the case of a reference by the Speaker/Chairman on a Motion for removal, the Judicial Council cannot impose or recommend any ‘minor measures’.
The National Judicial Council should consist of five senior members of the judiciary to take a correct and proper stand.
one of the minor measures that can be imposed by the Council is ‘withdrawal of judicial work for a limited period’
it is necessary to incorporate a provision for appeal to the Supreme Court against (i) the orders of removal passed by the President in the case of a complaint procedure or reference procedure and (ii) the orders of Judicial Council imposing ‘minor measures’ in a complaint procedure.
A clear distinction has to be drawn between a ‘reference procedure’ and the ‘complaint procedure’
As regards the complaint procedure, a `whistleblower’s provision’ has to be incorporated in the proposed Bill of 2005. If a complainant under the ‘complaint procedure’ is apprehensive of reprisals, he should have the right to request the Counsel that his name be kept confidential
There should be confidentiality of the entire complaint proceedings, starting from the complaint, till ‘minor measures’ are imposed by the Council or in case the Council recommends removal till its recommendation as to removal is placed in Parliament.
The complainant and the witnesses should also be prohibited from giving publicity about the allegations in the complaint, name of the complainant or witness or the name of the Judge.
Any breach of confidentiality should amount to an offence