New Delhi: Noting that the process of accountability within the judiciary is "exceptionally weak", Law Minister Kapil Sibal on Tuesday said that discretionary powers with the Chief Justice of India result in very few judges being brought to book for corruption.
“eferring to the higher judiciary comprising the Supreme Court and the 24 high courts,” he said.
"Unless the CJI in his individual capacity grants sanction, there can be no process of investigation. And, therefore, you see very few instances of people being brought to book. So I think there is a great issue that we need to confront ourselves with, which is of judicial accountability."
He said similar is the case with the lower judiciary where the administrative judge of a particular high court decides who is to be investigated and who is not to be investigated.
"That`s purely discretional. The processes of investigation there are also exceptionally weak. So some institutional framework is needed there as well to ensure that there is accountability within the subordinate judiciary," Sibal said.
He was speaking while chairing a session on `strengthening frameworks for improving anti-corruption climate in India` at the 50th anniversary celebrations of CVC here.
The Law Minister said there is a widespread belief today that corruption exists in judiciary as well.
"But the processes of accountability within the judiciary are exceptionally weak. They are also discretionary in nature," he said.
The minister said that while the Supreme Court made MPs accountable, "which is, I think is a very good thing, when it came to the higher judiciary, the SC in the same judgement said when it comes to prosecuting a judge of the high court or of the Supreme Court, unless prior sanction is taken from the CJI, no prosecution can be launched."
