Ruling out the inclusion of judiciary under the ambit of Lokpal, a Parliamentary panel which scrutinised the measure, has recommended a revamp of the appointment process of judges of the Supreme Court and the high courts.
The draft report on the Lokpal Bill, which has been circulated to members and would come up for finalisation on Wednesday, says if judiciary is brought under the purview of Lokpal, the end result would be the possible and potential prosecution of even an apex court judge before the relevant magistrate exercising the relevant jurisdiction.
"...This would lead to an extraordinarily piquant and an untenable situation and would undermine judicial independence at its very root," the report said identifying the judiciary as a "separate and distinct organ" of the state.
But at the same time, the draft report recalled its recommendations on the Judicial Standards and Accountability Bill, 2010 tabled on August 30 this year, and said the judiciary cannot be left unpoliced and reiterated that the process of judicial appointments be revisited through a fresh legislation.
"...The Committee again recommends, in the present context of the Lokpal Bill, that the entire appointment process of the higher judiciary needs to be revamped and reformed," the draft report states.
It said the present system of appointment process "cannot be allowed and should not be allowed to continue in the hands of a self-appointed common law mechanism created by a judicial order operating since the early 90s."
