Recommendations for radical reforms in Judiciary by All India Bar Association

SHRUTI SHARMA::

All_India Bar_Association_r4_c9

The All India Bar Association suggested bringing about radical changes in Indian Judiciary so as to trigger up the functioning of judiciary. The AIBA feels a need to elevate the working of Indian judiciary. Various suggestions have been proposed by AIBA for amplifying the functioning of Indian Judiciary as follows:

  1. Financial Independence:There should be more of financial independence so that there will be no or less of need to depend upon the government for monetary aid.
  2. Creation of more Supreme Courts:There is a suggestion to create almost four new Supreme Courts. This is for fast redressal of matters. Since presently there is just one supreme authority to deal with large number of matters, hence creation of more Supreme Courts will make it much more easy and convenient for the judiciary to provide justice for all.
  3. Court proceedings to be video-graphed:              The proceedings of courts should be video-graphed as our judiciary lacks transparency and needs to attain it to its best. So, one of the ways to attain such transparency is to make the court proceedings public by video-graphing it.
  4. National Judicial Appointments Commission:It was firmly suggested to appoint two eminent personalities who do not have any legal background or any relation to judiciary, lawyers or judges, who have simply no connection with law. This is for the impartial working of the nominated members without any bias and any kind of influence or manipulation.
  5. State representations should be proportionate: The representations from each state should be proportionate with its population. As of now, there is lack of proportion among the population and representation. For instance, we can take up an example of State of Maharashtra and Uttar Pradesh. Incase of Maharashtra, population of the state is 100 million and representation is being made by 3 judges in the Supreme Court, whereas, on the other hand population of Uttar Pradesh is 200 million and representation is by only 1 judge in the Supreme Court. Basically, with this we can clearly find out that there is no proportion among the population and the representation. Where there should be more of representatives according to the population, there is less and vice-versa. Also, if we look for the states of Gujarat, Bihar and West Bengal having population of 60 million, 100 million and 90 million respectively have only 1 representative and on the other hand if we take up states like Rajasthan, Himachal Pradesh and Chattisgarh having population of 68 million, 6 million and 25 million respectively have no representative at all.
  6. Retired Judges not to be appointed:      Lastly, it was recommended that, only sitting judges should be appointed for various commissions and tribunals and there should be no appointment of retired judges for the same. Also, that the seats for such appointments of sitting judges should be increased suitably and considerably.

 

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