Mumbai Advocates Association Against Collegium System For judicial Reform

 

NLC EFFORTS ARE AGENDA FOR MODI GOVT FOR JUDICIAL REFORM

*National Lawyers' Campaign For Judicial Transparency And Reforms* 

31.3.2014

          *Objectives* 

1) Abolition of Collegium system of appointment and transfer of judges and the substitution of the same by an independent judicial appointments commission where neither the executive nor the judiciary will have a primacy.The NJAC shall 

advertise the vacancies and invite applications from all eligible candidates; 

2)  Creation of a Judicial Ombudsman to deal with the complaints of corruption and malpractices against judges; 

3)  Audio/video-recording of proceedings of all Courts and Tribunals and access to such records to the litigants, lawyers and public; 

4)  Reintroduction of the  policy of transfer of 1/3rd of  judges out of their parent High Court as a panacea for the pernicious practices of the kith and kin of judges practicing in the very same court, nay, the “Uncle Judges Syndrome”; 

5)  Abolition of the practice of designation of Advocates as Senior Advocates by the judges, so too abolition  of AOR; 

6)  Abolition of the concept of Contempt of Courts by scandalization 

 7. Enactment of laws to ensure that Public Prosecutors/ Govt. Pleaders/ Standing Counsel for Central Government and statutory Authorities are appointed in a Transparent manner. 

8)Restoration of the pristine glory of the civil courts as the  court of record of plenary jurisdiction empowered, competent and duty bound to embark upon any dispute of a civil nature including the  constitutionality of a statute as it was the case prior to independence.

9)  Simplification of procedures of all  courts and tribunals and, in particular, implementation of the E-courts project on a war footing; 

10) Abolition of Tribunals except involving highly technical subjects which require non lawyer Members on the Bench and equal opportunity of selection to lawyers qua those from judicial services; 

11) Repeal the Articles 226, 32  of the constitution because the said  jurisdiction is pronouncely absolutely  discretionary or make it function as a court of plenary jurisdiction which will act on law and least on its discretion, will allow the litigants to adduce evidence on disputed facts, frame issues  and hear the parties on all issues and pass a speaking order . 

12) Make it mandatory that no judge of the SC shall be eligible for  appointment of any office until the expiry of at least two years since retirement. 

13. Make Sec.92 and Order 1 Rule 8 of the CPC applicable to PILs so that PIL is no longer an instrument of tyranny and injustice where the public at large is bound by a judgement of a case where they were not party and PIL is not abused as a political weapon against the political Executive. At the same time Promote "pro bono" litigation for the benefit of the poor.

 

14. To bring an appropriate legislation providing for at least one Forum of Appeal on facts and law against all judicial pronouncements and in particular of the SC under Articles 32, 129, 141,142 of the Constitution or under the Contempt of Court Act

15. Do away with the immunity judges today enjoy even from penal offence because of the orders of the SC that no FIR shall be registered against the judges of the SC and HC without the permission of the CJI.The role of the brokers who meddle with the affairs of the judiciary be investigated by CBI and ED.

16. Abolition of the concept of absolute judicial immunity and instead immunity be limited where the judge acts bonafide as is the case with any other public servant. 

17.Bring an end to the ill treatment and harassment of the 'Party in Person' and to provide them at least bare minimum facilities. 

18. So far as the affairs of the judiciary is concerned, RTI is a dead letter, judges are no longer declaring assets.  Both to be made mandatory.

19. All cases including Review Petition be heard in the open court, except cases which are required to be heard 'in-camera' and no case shall be disposed of without a speaking order. 

20. Increase the strength of judiciary at all levels including the SC and, in particular, the subordinate judiciary; improve the infrastructure of subordinate courts which is in an abysmal position today.

21. Financial assistance to all lawyers irrespective of standing, particularly, from Banks and Financial Institutions obligated by law. 

*Mathews J Nedumpara*

President