• Slide 1

    AIBA Recommends Radical Reforms in Judiciary

AIBA Recommends Radical Reforms in Judiciary

10 March 2017

Overview

All India Bar Association (AIBA) chairman, Adish C Aggarwala, submitted a reformatory 11-points suggestion list to the Prime Minister Mr. Narendra Modi and former Chief Justice of India Mr. H. L. Dattu in the month of April, 2015. It was given as a radical tool to pump up judiciary’s functional efficiency

Detail

The 11-point Radical List:

All India Bar Association (AIBA) chairman, Adish C Aggarwala, submitted a reformatory 11-points suggestion list to the Prime Minister Mr. Narendra Modi and former Chief Justice of India Mr. H. L. Dattu in the month of April, 2015. It was given as a radical tool to pump up judiciary’s functional efficiency.

The noteworthy points of the Charter were –

·         Financial independence of Judiciary be given so that it is not dependant upon the government to expand infrastructure.

·         In regards to National Judicial Appointments Commission (NJAC), the two eminent personalities in question should never be amongst lawyers, judges and judiciary. Moreover, the Committee of Prime Minister, Chief Justice of India and the Leader of Opposition should appoint those two eminent personalities to ensure their independence and impartiality.

·         The appointment to the Supreme Court as a Judge should be driven by proportional representation of the Indian states in accordance with their population.

·         Only sitting judges should be appointed to Tribunals and Commissions and retired judges should be kept away from such posts. To enable such appointments, sanctioned posts of judges should be increased.

·         The retirement age of the judges at all three levels should be increased – from 65 to 68 in the case of a Supreme Court judge, from 62 to 65 for a High Court judge and 60 to 62 for all subordinate judges.

·         Seniority should be the only basis for promotion of a subordinate judge to the High Court and from High Court to Supreme Court. If a judge is not appropriate for such promotion, his employment as a judge should be terminated immediately.

·         Four benches of the Supreme Court should be established in the east, west, north-east and south India. Apart from bringing justice to the easy access of the litigants, it would move the justices to places where their relatives are not practising.

·         Appointment of high court judges as Chief Justice of another High Court should be prevented altogether as they are totally dependent upon the local judges for administration.

·         Video-graphing of all cases should be mandatory which would subsequently become part of the case file only and would also act as a regulator over the litigants, lawyers and judges.

·         Live-broadcast of all the cases should be available on its official website.

·         Judicial clerkship of 1 year should be pre-mandated for practising as a lawyer. The salary for such time period should be Rs 25000/- per month.

The list was submitted with all the relevant details to the abovementioned points in order to bring transformation in the Indian judiciary.

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