Case Note & Summary
The case involved a writ petition filed by the Sub-Committee on Judicial Accountability, a body of advocates, seeking directions related to an inquiry into allegations of misconduct against a sitting Judge of the Supreme Court concerning his conduct as Chief Justice of a High Court. The petition questioned the validity of the Speaker of the Lok Sabha's action in admitting a notice of motion moved by Members of Parliament under Article 124(5) of the Constitution of India, 1950, in conjunction with the Judges (Inquiry) Act, 1968. The petitioner sought interim directions for the concerned Judge to abstain from judicial functions during the inquiry and for the Union Government to provide necessary facilities for the Committee's functioning. The Union Government contended that the motion had lapsed with the dissolution of the Lok Sabha, asserting that no further action was required. The petitioner argued that the time spent by the Judges in the Committee should be considered part of their actual service. The Court, recognizing the significance of the issues, ordered that the main matter and connected writ petitions be heard expeditiously, setting a hearing date for July 9, 1991, and directing day-to-day proceedings until conclusion. The Court refrained from issuing interlocutory relief but clarified that this should not be interpreted as a judgment on the merits of the case. The Court also prohibited any related proceedings in other courts during the pendency of this case.
Headnote
A) Constitutional Law - Judicial Accountability - Inquiry into Misconduct - Article 124(5) of the Constitution of India, 1950 and Judges (Inquiry) Act, 1968 - The writ petition raised questions regarding the validity of the Speaker's action in admitting a notice of motion for an inquiry into allegations against a sitting Judge. The Court directed that the main matter be heard expeditiously, emphasizing the importance of public confidence in the judiciary (Paras 742-745).
Issue of Consideration
Validity and implementation of the action of the Speaker of the Lok Sabha in admitting a notice of motion under Article 124(5) of the Constitution of India, 1950.
Final Decision
The Court directed that the main matter and connected writ petitions be heard expeditiously, setting a hearing date for July 9, 1991, and ordered day-to-day proceedings until conclusion. The Court refrained from issuing interlocutory relief but clarified that this should not be interpreted as a judgment on the merits of the case.
Law Points
- Judicial accountability
- Inquiry into misconduct
- Article 124(5)
- Judges (Inquiry) Act
- 1968
- Interim relief
- Public confidence in judiciary
