The debate on whether the higher judiciary should come under the ambit of the Lokpal continues. On Wednesday, Mr Prashant Bhushan, who is a member of the joint drafting panel for the Lokpal Bill, said that civil society is ready for the higher judiciary to be out of the Lokpal’s purview, provided an independent body is created to look into both criminal cases and charges of misconduct against judges.
Mr Bhushan also said that reports about there being consensus within civil society members over keeping judges out of the ambit of the Lokpal legislation was “wrong”. He noted that while the Lokpal was only supposed to look into criminal investigation against judges, the issue of misconduct was to be tackled by another separate independent body.
“We had only said if an independent and strong body is created, we will have no problem if criminal investigation is also brought under the purview of that body,” he said.
The lawyer also alleged there is “considerable corruption” in higher judiciary as there is “no accountability”.
He further said that the judicial system is “collapsing under its own weight”.
Noting that the proposed Lokpal was to have judges and the Prime Minister under its purview, he also said it is essential that the ombudsman has prosecutorial powers.
“That’s how this was envisaged and now we are looking into a lot of suggestions including how the machinery under this Lokpal can be made accountable to an external body,” he stated.