Can An Impeached Judge Move the Supreme Court?
By Rana Ajit New Delhi An impeached judge moving the Supreme Court is not a scenario envisaged in the constitution, but it may very well be a possibility if the bill to set up the National Judicial Council (NJC) is passed. The Judges (Inquiry) Bill, 2006, seeking establishment of NJC to probe “allegations of misbehavior or incapacity (a legalese for corruption) of a Supreme or High Court judge” is pending with parliament. The bizarre provision is part of Section 30 of the bill, introduced in the Lok Sabha Dec 9, 2006, and now being examined by the parliamentary standing committee on law and justice ministry, headed by Rajya Sabha member S. Natchiappan. The lacuna exists in Section 30, which reads: “A judge aggrieved by an order of removal passed by the President or the NJC … may prefer an appeal in the Supreme Court”. Owing to this and many other lacunae, the bill is facing stiff resistance in the parliamentary panel from, among others, eminent jurist Ram Jethmalani, said senior offi
