New Delhi, May 07: Terming the government move to set up National Judicial Commission as a bold step, Law Minister Arun Jaitley today said the collective decision making mechanism provided for in the commission would add to the dignity and independence of judiciary. Speaking to reporters after laying the foundation stone for the Bar Association of India (BAI) building here, he said under the present set up, judges to higher judiciary were appointed on the recommendation of the judicial institutions made in consultation with the executive. "Under the proposed dispensation of NJC, the composition of the commission will be a collective decision making of Judiciary, Executive and those representing public interest," he said and added it was this collective wisdom which would be binding. He said the commission, when set up, would create an accountability mechansim and accountability would help both in terms of quality as also elimination of questionable practices by a few in the judiciary. "This will add to the dignity and independence of judiciary," he added. Asked what would be proposed mechanism for removal of judges on count of misconduct, Jaitley said the impeachment mechansim as existing today would not be changed but the NJC would first look into the alleged misconduct of a judge and then determine whether the same warranted his removal.

If it came to the conclusion that the judge required to be removed, then it would give a recommendation to that effect to the government, which would proceed with the matter in parliament, the Law Minister said.

Bureau Report