However, the lengthy procedure involving various channels in between such as Scrutiny Panel, Oversight Committee, Presidential reference, Parliamentary Committee and then the cumbersome Parliamentary procedure to get rid of guilty-found judges with penal provision for complainants will provide no reform other than to frighten those making even genuine complaints against judges. There are sufficient existing provisions to take care of frivolous complaints that too with provision in-camera proceedings for probing complaints. Only remedy is to set up a permanent National Judicial Commission (replacing both Scrutiny Panels and Oversight Committees) with retired Supreme Court judges as its member-nominees of the President, Prime Minister, Opposition Leader, Chief Justice of India, Bar Council with Chief Vigilance Commissioner as ex-officio member.
Commission’s recommendations should be final and sufficient for President of India to order removal of judges found guilty - apart from confiscating wealth and assets of such judges and their family-members. Rather, such high-powered Commission should be empowered to recommend judges for High Courts and Supreme Court.
Even all judicial panels and commissions formed by Union or state governments should be constituted by such a National Judicial Commission to ensure impartial and unbiased investigations. Presently, political rulers appoint retired judges of their own choice and ideology to get a rubber-stamp endorsement of their working by a judicial panel. All judges in High Courts should be compulsorily appointed from outside their home-states to effectively check approaches and influences on locally-appointed High Court judges through their relations and former bar-colleagues. There should be provision for video-recording of courts’ proceedings for multiple advantages including speedy and fairer courts’ proceedings.
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