A statement is laid on the Table of the House.
Statement referred to in reply to Parts (a) to (d) of Rajya Sabha Starred Question No. 121 for 13.07.2009 by Shri Lalit Kishore Chaturvedi regarding Corruption in judiciary.
Reports of alleged corruption in the judiciary have come to the notice of the Government from time to time.
The Chief Justice of India and the Chief Justice of a High Court has the competence, as per the ‘in-house procedure’ devised by the judiciary to receive and look into complaints against the conduct of a Judge of the Supreme Court and of the concerned High Court respectively.
As regards the members of Judicial Service of a State, under article 235 of the Constitution of India, the administrative control over the members of subordinate judiciary in the States vests with the concerned High Court and the State Government.
The appointment of Judges in the High Courts is, at present, made in terms of the Memorandum of Procedure for Appointment for Judges in the High Courts and Supreme Court which has been drawn up on the basis of the judgment delivered by the Supreme Court on October 6, 1993 in the case of Supreme Court Advocates on Record and Anr. Vs.Union of India and Anr. and their Advisory Opinion dated October 28, 1998. There has been criticism of the existing procedure by some bodies as well as experts.
There is no proposal before the Government to consider ratification of appointments in judiciary in State courts by State Legislative Assemblies and in Supreme Court by Parliament.
This information was given by Dr. M.Veerappa Moily, Minister of Law and Justice, in the Rajya Sabha today in a written reply.
