1235. SHRI P. WIlson:

Will the Minister of Law and Justice be pleased to state:

1. the reasons due to which Government has not evolved code of conduct for judges for discharge of functions in consultation with the Chief Justice of India;
2. whether Government has undertaken any study to analyses the pending case before the tribunals across the country; and;
3. whether Government has considered establishing more benches of tribunals considering the increasing cases and pendency in consultation with nodal Ministry, if so, the details thereof?

 

ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

(Shri ARJUN RAM MEGHWAL)

(a): The Supreme Court of India, in its full Court meeting on 7th May, 1997, adopted two Resolutions namely (i) “The Restatement of Values of Judicial Life" which lays down certain judicial standards and principles to be observed and followed by the Judges of the Supreme Court and High Courts, and (ii) "in-house procedure” for taking suitable remedial action against judges who do not follow universally accepted values of Judicial life including those included in the Restatement of Values of Judicial life.

As per the established "In-house procedure' for the Higher Judiciary, the Chief Justice of India is competent to receive complaints against the conduct of Judges of the Supreme Court and the Chief Justices of the High Courts. Similarly, the Chief Justices of the High Courts are competent to receive complaints against the conduct of High Court Judges.

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(b) and (c): Tribunals are governed by various Acts administered by different Ministries and pendency of cases may be due to various factors including circumstances and complexity of each case, nature of evidence, cooperation of stakeholders and frequent adjournments, non-compliance with the summons issued by the Tribunals, seeking intervention in the Tribunals proceedings, non-appearance in the proceedings and then challenging the ex parte orders passed against them. Absence of lawyers and frequent adjournments by the lawyers also result in pendency. The process of establishing benches of Tribunals is undertaken by the concerned Ministry based on the requirements.

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SB/DP/ARJ

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