Milap Choraria
Websites: https://milapchoraria.tripod.com/msp / E-Mail: milap_choraria@yahoo.com
B-5/52, Sector-7, Rohini, Delhi-110085
Dated the, 30th July, 2014
Shri Ravi Shankar Prasad,
Hon’ble Minister for Law & Justice,
Room No. 402, A Wing, 4th Floor,
Shastri Bhavan,
New Delhi - 110001
Through:-
Ms. Anita Kaul,
Secretary (Justice),
26, Mansingh Road,
Jaisalmer House,
New Delhi-110011
Hon’ble Sir,
I may be permitted to make my suggestions on the Establishment and Constitution of National Judicial Commission to make judiciary more effective to give qualitative good judicial results arrived without any fear, favour or ill-will or bias:-
Establishment and constitution of National Judicial Commission.
(1) All the retired Chief Justices of India and other retired Judges of Supreme Court, barring those who are holding any other office of any commission or those whose health does not permits, or those named for any doubt full conduct, shall be listed for a “Eligibility List” of the members of the National Judicial Commission.
(2) Every eligible member listed for the National Judicial Commission shall be allotted their respective serial numbers on the basis of their seniority, and to be used for their appointment as a member of a particular Bench of National Judicial Commission, through a predetermined mechanism. Such Bench of the National Judicial Commission shall be given a special Serial number of the respective Bench.
(3) The respective Bench of National Judicial Commission shall be constituted with the selection of seven members from the aforesaid eligible list of the members, on the basis of a mechanism specifically evolved in this respect, plus one Member each to be appointed by the Prime Minister; and Bar Council of India and two Citizens having reputation of high integrity and honesty to be appointed by the President of India on the recommendations from different Organisations, through a transparent procedure.
(4) At one material time, only one Bench should be active and functional. Such Bench of National Judicial Commission shall functional for the one year period from its starting of the functioning, and thereafter another Bench shall become functional.
(5) The Chairman of the Each Bench of National Judicial Commission shall be Senior Most Member of the respective Bench on the basis of service records.
(6) Bench shall be constituted through a predetermined mechanism, under which no member shall be appointed in two consecutive Benches, until all of its members from the eligible list shall be appointed in one of such Bench. The respective mechanism for the selection of the members of the Benches of the National Judicial Commission shall be evolved by all the eligible Members in the list, in its first Meeting.
(7) Entire proceeding of the each Bench of National Judicial Commission shall be transparent to public and shall be recorded.
The appointment of Judges should be made for the entire life period including the period which covered as retirement period to ensure that they are constitutionally liable to maintain high integrity and honesty for the period of their whole life, unless they do not found tented otherwise.
Appointment of Judges of Supreme Court
(1) The number of Judges, of the Supreme Court of India consisting of a Chief Justice of India and others may be recommended time to time, by the National Judicial Commission and sanctioned by the President in consultation with the Government of India.
(2) Every Judge of the Supreme Court shall be appointed, minimum for seven years, by the President by warrant under his hand and seal on the basis of the recommendations by the respective Bench of the National Judicial Commission, after satisfaction on merit, based on working performance, and predetermined criteria.
(3) The age of a person, to be appointed as a judge of Supreme Court, shall not be more than 58 years, at the time of appointment and shall hold such office till he attain the age of 65 years.
(4) A person shall not be qualified for appointment as a Judge of Supreme Court, unless he is Origin born Indian, and has been for at least seven years a judge of any High Court or is a regular practitioner as Senior Advocate of Supreme Court for more than 10 years.
(5) The Chief Justice of India Should be appointed, for at least three years and not more than five years, by the President on the recommendations of the respective Bench of the National Judicial Commission, amongst the Judges of the Supreme Court, on the basis of names forwarded by Central Government after considering the penal of names forwarded by the Full Bench (barring the judges named for the considerations) of the Supreme Court.
(6) A Judge of the Supreme Court, including Chief Justice of India, can be removed by the National Judicial Commission, on the basis of enquiry and investigation made by a judicial committee constituted for the purpose, consisting of one Supreme Court Judge and two Chief Justices of different High Courts.
(7) A Supreme Court Judge shall not contest any election of any office referred under this Constitution and shall not plead or act in any Court or accept any other job including job of arbitration, except as a Chairman or member of any Commission constituted in accordance with the provisions provided under this Constitution.
(8) Violation of the Oath taken by a Supreme Court Judge shall be considered as his incompetence to continue as a Supreme Court Judge.
Salaries. etc., of Judges.
(1) The justified salaries, privileges allowances and pension for all the Eligible List for the Members of National Judicial Commission, Chief Justice and other Judges of Supreme Court and High Courts, Chairman of the Law Commission of India, time to time, shall be determined on the basis of a method to be evolved by a committee, consisting of one Supreme Court Judge, one Chief Justice of a High Court, one representative from Central Government, one representative of the second largest national political party, and one representative from the Bar.
(2) The proceeding of such committee shall be transparent to public and every citizen shall have right to represent before it.
(3) Changing in scale of salaries privileges allowances and pension cannot be revised frequently, at least before two years from earlier change.
(4) Method adopted under clause (1) shall not be reviewed at least by a gape of twenty years.
Secretariat of National Judicial Commission
A permanent secretariat shall be functional at the premises of the Supreme Court and Meetings of the respective Bench of National Judicial Commission shall be held on Sundays or any holidays only.
Selection process for appointment of Judges of Supreme Court shall be started two years prior to vacancy of any office, after inviting names from the Public as well as from other sources, including Chief Justice of High Courts and Advocates and their Associations.
Similar process shall be followed for the appointment and removal of Judges of High Courts.
The age of a person, to be appointed as a judge of a High Court, shall not be more than 45 years, at the time of appointment and shall hold such office till he attain the age of 62 years.
Sir, I can be called to explain any of my suggestions, if so required.
With Best Regards,
Yours faithfully,
(Milap Choraria)
