After 50th year of Independence now there is a question mark on the transparency of the Justice Delivery system. It is not the thinking of an ordinary litigant, it is the admission of All India Judges Association. The Ex-Chief Justice of India B.N.Kripal had also stressed on the transparency in the functioning of the Judiciary. He admitted "there are instances where corruption and incompetence have also pervaded the judicial establishment. Inaugurating the 1st South Asian Regional Judicial Colloquium on "Access to Justice" Justice Kripal said "there are compelling reasons for the judiciary to function publicly and transparently, people must find their trust and faith in the Judiciary. It is their right to know the process in which they are governed".

Justice A.S.Anad in his Book "Justice for Women- concern and expression" said, "raising the strength of the Judges is not the solution, it is crucial to see appointments are based on merits, suitability, ability and integrity. An unfilled vacancy may not be as harmful as wrongly filled vacancy."

Justice B.N.Khare - The Present Chief Justice in the case of Vikash Despande's Appeal against his removal from bar rolls after he fraudulently sold his client's property when the client was in the death cell and later executed, said that we can not expect good judicial personality from the corrupt Bar. As such morals of Bar should be enhanced. Our Prime Minister and Deputy Prime Minister also expressed their reactions and President warned that people would resort to extra Judicial measures if the system failed to get them speedy justice.

R.K.Jain, the President of Supreme Court Bar Association has also expressed his concern by saying that present mode of appointment of Judges needs drastic changes and approved that for higher judiciary every member of the Br must have a chance to be considered for the post - The appointment process must be transparent and open to the public . . . a serious debate is awaited in the urgency of having National Judicial Commission for the recruitment of judges and enacting a code of conduct for them.

Ours is a Democratic set up and transparency is very much necessary. Justice P.B.Sawant said, "Judiciary should be open, accessible, intelligible and accountable to the public."

From the statement of all, it is clear that now there is a question mark in the transparency of the Judiciary which needs to be debated and ways and means are to be found out.

SUGGESTIONS.

National commission has suggested for bringing amendment to the Constitution with regard to the process of removal of judges. It is cumbersome one and in India for the first time Justice Ramaswami's removal couldn't be materialized die to the Congress's abstention from voting.

Under the 11th Presidential reference getting clarification as to whether the recommendation of C.J.I. regarding appointment and transfer of Judges by President K.K. Narayan the Apex Court has held that the C.J.I. should consult 4 senior most judges and after consultation only name should be recommended and in case of H.C. C.J.I. should consult 2 senior most judges.

In spite of this also there are difficulties in appointment and transfer of Judges as there is no consensus there is no recommendation.

A.I.J.A. has submitted a report to Law Minister Arun Jethly regarding pending litigation throughout the country. Here it is found that in District Courts 3 crores, High Courts 30 lakhs of cases are pending. Out of them more than 50% cases in District Courts are more than 5 to 10 years old, as Judicial officers are ignorant about cases and management technique.

Judicial Training courses should be started. As all judges are not conversant with all branches of law, training programme should be held as in 4 States it is continuing.

Modern Techniques to be adopted. Supreme Court in 1991 had 1, 07, 712 pending cases. But in 2000 it was reduced to 20,612.

Strength of Bar should be improved. B.N.Khare in Bikash Despande's case said you can not expect good conduct and judicial personalities from a corrupt bar. Corrupt Advocates should not be taken lightly and heavy punishment should be imposed by Bar Council of India.

Private life should be scrutinized from the inception. In 1987 Presidential nominee Mr. Dougulas's nomination was rejected as he admitted to have taken marijuana during his school time.

Time limit should be fixed for pronouncement of Judgement.

As in subordinate Judiciary, target should be fixed for the High Court Judges in deciding number of cases as in lower courts.

S/d
DR.SUJATA DAS
Dt.14.02.2003

Home | Back