Wednesday, 30 July 2014

My proposal regarding the National Judicial Commission

(1) The Collegium system has been artificially created by Judges in the Judges cases, since there is no mention of a Collegium system in Article 124(2) of the Constitution. The Judges virtually amended the Constitution in the Judges cases, which could legitimately only be done by Parliament under Article 368 of the Constitution.

(2) The Collegium systrem should be replaced by a National Judicial Commission consisting of 7 members, viz. the first 4 seniormost Supreme Court Judges( i.e. the CJI and the next 3 seniormost Judges), the Law Minister of India. the leader of the opposition, or if there is no leader of the opposition, the leader of the largest opposition party in the Lok Sabha ( or his/her nominee), and a distinguished jurist appointed by the President of India. Thus the Commission will have a majority of Judges, and thus the dominant voice will be of Judges. However the Government and the Opposition will also have a say in the matter.

(3) This 7 member Commission should first do a pre-scrutiny and then prepare a list of eligible and meritorious persons whom they have selected for being considered for appointment.

(4) The candidates in this list should be called for hearings before the Commission, which should be televised so that everyone in India can get to know about the proceedings. In these hearings the Commission members can, and should, ask the candidate about his past career, his views on several issues of public importance, and even his personal life. This is the process followed in U.S.A. when candidates nominated by the President have to appear before the Senate, where they are asked several questions.

When I suggested televising these proceedings in the NDTV panel discussion anchored by Sonia Singh, many members of the panel opposed the idea. But what is wrong with it ? In a democracy the people are supreme, and judges and other state authorities are only servants of the people, as the great French political philosopher Rousseau said. So should the master ( the people) not know what kind of servant is going to be appointed ? I believe they must know, to ensure transparency.

( Watch the complete interview with CNN IBN: http://ibnlive.in.com/cnnibnvideos/top-in/489095.html )

12 comments:

  1. @katju 4th point hit the nail on the head.

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  2. Sir, excellent recommendations. Your zeal and commitment to preserving democracy and transparency is truly inspiring.

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  3. More than the structure of the team that selects the judge we need to discuss what is the criteria that qualifies a judge and make it people independent.Performance and integrity must be two main criteria in my opinion.How is the team going to evaulate the integrity,does CBI director too needs to be part of the team?

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  4. Sounds good, we need to get their past deeds (good /bad) verified by IB/etc before calling 4 televised interview before commission.....Asset declared etc..... i believe

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  5. justice katju ko kisi important state ka tatkaal governor banaya jana jan hit desh hit may hoga, yah janta ki maang hai,

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  6. seen ur post on ina trial,nice, but u will be happy to know that netaji was not killed in plane crash in 1945,he lived as gumnami baba in faizabad up in 80s,and even not died as gumnami baba in 1985,is still alive as yogi and says "i will enjoy full human life that is 140 years " justice katju i am sure that u know everything about netaji subhash chandra bose myst but y u r not speaking,

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  7. netajee subhah k baray may jo agyaat bandhu nay kaha usmay kuch sachchaai awashya hai,lekin inka yah kahna ki netajee abhi jeevit hain satya say paray aur mangahant lagta hai, itna awashya hai ki inka comment padh mujhay yad aaya ki meray bachpan may ek pandit jee aatay the,jo bhikchha mangte the ghoom ghoom,wah english k prakaand vidwaan the,mere yaha bhi aate aur mere pitaji ko mama kahte,jabki pitaji un say pachaas varsh age may kam honge .,,pitaji baday officer the to jaldi kisi ki himmat nahi hoti ki banglay may enter ho,lekin pita jee ka kahna tha ki jab bhi pandit jee aayen unko toka roka nahi jai,pandit jee sirf paanch paisa mangte,rupya,char aana ,aath aana nahi sweekar karte,phir jab unkay paas bahut say sikkay ho jate paanch paise k to wah samnay k peepal k ped par shaam ko chadha dete,janta kahti pandit jee angrezon k zamanay may south india may judge the,inki ladki nay south k ek ladkay say shadi kar li aur kisi case may pandit jee nay us ladkay ko yah bhool ki wah damaad hai phansi ki saza kaanoon k anusaar de di, unki iklauti santaan unki ladki nay sucide kar lia,aur pandit jee bairagi ho gai,wah pandit jee baar baar yah kahte akelay may mujh say ki dekho faizabad may gumnami baba ban kar netajee subhash chandra bose rahte hain,chalo meray saath milwata hu,apnay do char dosto ko bhi le lo lekin kisi say kahna mat, bachpan tha kaha jatay bina ghar k aadesh k aur ghar walay pandit jee k saath janay bhi na dete ki kahi le ja kar bech de,baba hai,barso baad jab gumnami baba k netajee honay ki baat media may aai to may achraj may ho gaya,dukh hua ki us samay kaash pandit jee k saath gumnami baba say ja kar mil lia hota to netajee k darshan ho jatey, pata kia to pata chala ki pandit jee bhi nahi rahay is dharti par,yah comment dekha yaad aa gaye pandit jee,gumnami baba

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  8. Respected Sir,
    I just want to know whether your son is a lawyer or he is in some other profession.

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    1. He is not a lawyer but a research scientist

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  9. The sugetions made by Hon'ble Justice Katju are appopriate.

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  10. Why are they give representation to sc,st in commission , is this not the mockery of system that you have to give them seat irrelevant to their capabilites

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