THE JUDGES (INQUIRY) ACT 1968

 

 

THE JUDGES (INQUIRY) ACT, 1968

ACT NO. 51 OF 1968

 

[5th December, 1968.]

An Act to regulate the procedure for the investigation and proof of the

misbehaviour or incapacity of a judge of the Supreme Court or of a High

Court and for the presentation of an address by Parliament to the

President and for matter-, connected therewith. Be it enacted by

Parliament in the Nineteenth Year of the Republic of India as follows:-

 

Short title and Commencement.

 

1. (1)Short title and Commencement. This Act may be called the

 

Judges (Inquiry) Act, 1968. (2) It shall come into, force on such date as

the Central Government may, by notification in the Official Gazette,

appoint.

 

Definitions. 2. Definitions. In this Act, unless the context otherwise

requires,- (a) "Chairman" means the Chairman of the Council of States;

(b) "Committee" means a Committee constituted under section 3 ; (c)

"Judge" means a Judge of the Supreme Court or of a High Court and

includes the Chief Justice of India and the Chief Justice of a High Court

; (d)"prescribed" means prescribed by rules made under this Act ; (e)

"Speaker" means the Speaker of the House of the People.

 

Investigation into misbehaviour or incapacity of Judge by Committee.

 

3. (1)Investigation into misbehaviour or incapacity of Judge by

Committee. If notice is given of a motion for presenting an address to

the President praying for the removal of a Judge signed,- (a) in the case

of a notice given in the House of the People, by not less than one

hundred members of that House; (b) in the case of a notice given in the

Council of States, by not less than fifty members of that Council; then,

the Speaker or, as the case may be, the Chairman may, after consulting

such persons,, if any, as he thinks fit and after considering

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1-1-1969: vide Notifn. No. GSR 35, dated 1-1-1969, Gazette of India,

Exty., Pt. II, sec. 3(i). p. 5.

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such materials, if any, as may be available to him, either admit the

motion or refuse to admit the same.

 

(2) It the motion referred to in sub-section (1) is admitted, the Speaker

or, as the case may be, the Chairman shall keep the motion pending and

constitute, as soon as may be, for the purpose of making an investigation

into the grounds on which the removal of a Judge is prayed for, a

Committee consisting of three members of whom- (a) one shall be chosen

from among the Chief Justice and other Judges of the Supreme Court ; (b)

one shall be chosen from among the Chief Justices of the High Courts; and

(c) one shall be a person who is, in the opinion of the Speaker or, as

the case may be, the Chairman, a distinguished jurist: Provided that

where notices of a motion referred to in sub-

 

section (1) are given on the same day in both Houses of Parliament, no

Committee shall be constituted unless the motion has been admitted in

both Houses and where such motion has been admitted in both Houses, the

Committee shall be constituted jointly by the Speaker and the Chairman:

Provided further that where notices of a motion as aforesaid are given in

the Houses of Parliament on different dates, the notice which is given

later shall stand rejected.

 

(3) The Committee shall frame definite charges against the Judge on the

basis of which the investigation is proposed to be held.

 

(4) Such charges together with a statement of the grounds on which each

such charge is based shall be communicated to the Judge and he shall be

given a reasonable opportunity of presenting a written statement of

defence within such time as may be specified in this behalf by the

Committee.

 

(5) Where it is alleged that the Judge is unable to discharge the duties

of his office efficiently due to any physical or mental incapacity and

the allegation is denied, the Committee may arrange for the medical

examination of the Judge by such Medical Board as may be appointed for

the purpose by the Speaker or, as the case may be, the Chairman or, where

the Committee is constituted jointly by the Speaker and the Chairman, by

both of them, for the purpose and the Judge shall submit himself to such

medical examination within the time specified in this behalf by the

Committee. 61

 

(6)The Medical Board shall undertake such medical examination of the

Judge as may be considered necessary and submit a report to the Committee

stating therein whether the incapacity is such as to render the Judge

unfit to continue in office.

 

(7) If the Judge refuses to undergo medical examination considered

necessary by the Medical Board, the Board shall submit a report to the

Committee stating therein the examination which the Judge has refused to

undergo, and the Committee may, on receipt of such report, presume that

the Judge suffers from such physical or mental incapacity as is alleged

in the motion referred to in sub-

 

section (1).

 

(8) The Committee may, after considering the written statement of the

Judge and the medical report, if any, amend the charges framed

 

under sub-section (3) and in such a case, the Judge shall be given a

reasonable opportunity of presenting a fresh written statement of defence.

 

(9) The Central Government may, if required by the Speaker or the

Chairman, or both, as the case may be, appoint an advocate to conduct the

case against the Judge.

 

Report of Committee.

 

4. (1)Report of Committee. Subject to any rules that may be made in this

behalf, the Committee shall have power to regulate its own procedure in

making the investigation and shall give a reasonable opportunity to the

Judge of cross-examining witnesses, adducing evidence and of being heard

in his defence.

 

(2) At the conclusion of the investigation, the Committee shall submit

its report to the Speaker or, as the case may be, to the Chair- man, or

where the Committee has been constituted jointly by the Speaker and the

Chairman, to both of them, stating therein its find- ings on each of the

charges separately with such observations on the whole case as it thinks

fit.

 

(3) The Speaker or the Chairman or, where the Committee has been

constituted jointly by the Speaker and the Chairman, both of them,

 

shall cause the report submitted under sub-section (2) to be laid, as

soon as may be, respectively before the House of the People and the

Council of States.

 

Powers of Committee. 5. Powers of Committee. For the purpose of making

any investigation under this Act the Committee shall have the powers of a

civil court, while trying suit, under the Code of Civil Procedure,

1908,(5 of 1908), in respect of the following matters, namely:- (a)

summoning and enforcing the attendance of any person and examining him on

oath; 62 (b) requiring the discovery and production of documents (c)

receiving evidence on oath ; (d) issuing commissions for the examination

of witnesses or documents (e) such other matters as may be prescribed.

 

Consideration of report and procedure for presentation of an addressfor

removal of Judge.

 

6. (1)Consideration of report and procedure for presentation of an

address for removal of Judge. If the report of the Committee contains a

finding that the Judge is not guilty of any misbehaviour or does no

suffer from any incapacity, then, no further steps shall be taken in

either House of Parliament in relation to the report and the motion

pending in the House or the Houses of Parliament shall not be proceeded

with.

 

(2) If the report of the Committee contains a finding that the Judge is

guilty of any misbehaviour or suffers from any incapacity,

 

then, the motion referred to in sub-section (1) of section 3 shall to-

gether with the report of the Committee, be taken up for consideration by

the House or the Houses of Parliament in which it is pending.

 

(3) If the motion is adopted by each House of Parliament in

 

accordance with the provisions of clause (4) of article 124 or, as the

case may be, in accordance with that clause read with article 218 of the

Constitution, then, the misbehaviour or incapacity of the Judge shall be

deemed to have been proved and an address praying for the removal of the

Judge shall be presented in the prescribed manner to the President by

each House of Parliament in the same session in which the motion has been

adopted.

 

Power to make rules.

 

7. (1)Power to make rules. There shall be constituted a Joint Committee

of both Houses of Parliament in accordance with the provisions

hereinafter contained for the purpose of making rules to carry out the

purposes of this Act.

 

(2) The Joint Committee shall consist of fifteen members of whom ten

shall be nominated by the Speaker and five shall be nominated by the

Chairman.

 

(3) The Joint Committee shall elect its own Chairman and shall have power

to regulate, its own procedure.

 

(4) Without prejudice to the generality of the provisions of

 

subsection (1), the Joint Committee may make rules to provide for the

following among other matters, namely:- (a) the manner of transmission of

a motion adopted in one House to the other House of Parliament; (b) the

manner of presentation of an address to the President for the removal of

a Judge ; 63 (c) the travelling and other allowances payable to the

members of the Committee and the witnesses who may be required to attend

such Committee ; (d) the facilities which may be accorded to the Judge

for defending himself; (e) any other matter which has to be, or may be,

provided for by rules or in respect of which provision is, in the opinion

of the Joint Committee, necessary.

 

(5) Any rules made under this section shall not take effect until they

are approved and confirmed both by the Speaker and the Chairman and are

published in the Official Gazette, and such publication of the rules

shall be conclusive proof that they have been duly made.