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LATEST NEWS UPDATES | Govt to curb judiciary's free speech

Govt to curb judiciary's free speech

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published Published on Sep 7, 2012   modified Modified on Sep 7, 2012
-The Times of India

The judiciary-government tussle over code of conduct for judges is far from over. Though the government has decided to give statutory status to the Code of Conduct evolved by the Supreme Court in 1997, law minister Salman Khurshid on Thursday said this does not mean judiciary will be free to comment on constitutional authorities in open court.

The government is firm on introducing a specific provision in the Judicial Standards and Accountability Bill, 2012 which will prohibit judges from making unwarranted comments against the conduct of any constitutional or statutory authority at the time of hearing matters.

The minister said the government has taken note of certain remarks made by some higher courts on constitutional bodies and other authorities in open court which are seldom reflected in writing during judicial pronouncements.

"That is why a specific provision has been proposed to be made under Section 3 of the chapter on 'Judicial Standards' to be followed by judges, in the Judicial Standards and Accountability Bill, 2012," Khurshid said.

He said Section 3(2)(g) of the Bill prohibits judges from making any unwarranted comments against the conduct of any constitutional or statutory authority at the time of hearing matters which are pending before them or are likely to arise for judicial determination.

The minister added that the government has a proposal to accord statutory sanction to the 'Restatement of Values of Judicial Life' which was adopted by a resolution at the full court meeting of the Supreme Court in 1997, by making it a part of the Judicial Standards and Accountability Bill.

The Bill was passed by the Lok Sabha on March 29, 2012, and it is pending in the Rajya Sabha. After introducing fresh amendments, the Bill will be taken up for approval in the Upper House, and then it will again be tabled in the Lower House.

On setting up of National Judicial Commission for appointment of judges to high courts and the Supreme Court, Khurshid said the proposal had not reached any logical conclusion. Currently, appointment of judges to high courts and the SC is based on Memorandum of Procedure for appointment of Judges prepared in 1998. 

The Times of India, 7 September, 2012, http://timesofindia.indiatimes.com/india/Govt-to-curb-judiciarys-free-speech/articleshow/16289924.cms


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