LUCKNOW: The All India Bar Association has sought sweeping changes in the manner judges are appointed to high courts and the Supreme Court, and has put forward such radical suggestions as barring relatives of Supreme Court judges from practice, formation of four benches of the apex court in the country, and video-recording all court proceedings.
Supporting the Centre's National Judicial Appointments Commission (NJAC) system to appoint and transfer judges, AIBA chairman and senior advocate, Adish C Aggarwala, has written to Prime Minister Narendra Modi to ensure that the two 'eminent personalities' who would be involved in selection and appointment of judges of higher judiciary are neither advocates nor relatives of advocates/judges.
"It is suggested that the eminent personalities should not be lawyers or relatives of any Judge or practising lawyer. This is required so that the nominated members can work impartially, without any bias and influence of any kind," Aggarwala said in the representation copies of which were sent to Union Law Minister D V Sadananda Gowda and Chief Justice of India H L Dattu as well.
Hinting at disproportionate representation of only some states in the Supreme Court, he said the 110-million population Maharashtra had three sitting judges in the apex court, whereas the 200 million-Uttar Pradesh had only one judges. "There is only one judge from each Bihar (100 million), West Bengal (90 million), Gujarat (60 million), North Eastern states (45 million population)," he said, adding that there is no judge from Rajasthan (68 million), Chattisgarh (25 million) and Himachal Pradesh (6 million).
In this regard, Aggarwala said that appointment and elevation of judges should be solely on the basis of merit, and added, "If any judge is not found suitable for being promoted to the higher court, he should not be allowed to continue as a judge, and instead, should be removed from his position."
AIBA chairman also sought creation of four benches of the Supreme Court in different parts of the country — in East, West, North-East and South. "It will aid in implementing the policy of the government to provide justice at the doorstep of litigant," he said.
In order to usher in sense of responsibility and urgency, and eradicate waste of precious court time, Aggarwala also sought video-recording of all court proceedings. "The recording should be preserved in the judicial file of the case concerned. Judges, lawyers and litigants, who are all part of the judicial system, will then take the court proceedings more seriously and sincerely," he said.
AIBA also sought change in the existing norm of appointing chief justices of high courts from other courts. "The system of appointing the chief justice of high courts from another state should also be put to an end. Chief justices Courts coming from other states do not make just and proper administrative decisions, as they are usually unaware of the local factors. They totally rely on the local judges of the particular high court for crucial decisions," it said.
Reiterating its earlier stand that retired judge should not be appointed in any tribunal or commissions, AIBA said that only sitting judges should be appointed to such posts after the sanctioned strength of judge posts is increased suitably. AIBA also wanted the retirement age of Supreme Court judges to be from the existing 65 to 68. Similarly, the retirement age of high court judges should go up from 62 to 65 years, he said, adding that in subordinate judiciary it should be increased from 60 to 62.
Aggarwala said that the single-party government at the Centre is a reality in India after more than 30 years, and added that the government must utilize its democratic strength to usher in radical changes for the betterment of the judiciary.
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