AIBA recommends Radical Reforms in Judiciary – Report

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The All India Bar Association (AIBA) has suggested a series of radical reform in judiciary to boost its functional efficiency. The suggestions put forward by AIBA included, greater financial independence for judiciary, creation of four new Supreme Court benches, and videographing all court proceedings in order to ensure greater transparency.

The list of suggestions with all relevant details was submitted by AIBA to Prime Minister Narendra Modi and Chief Justice of India HL Dattu.

One if the key demands in the 11-point charter submitted by the AIBA was giving total financial independence to the judiciary at all levels so the institute can operate just as fine without seeking any financial aid from the government.

When it came to the somewhat controversial National Judicial Appointments Commission (NJAC) proposal, the charter also suggested that the committee should also include two “eminent personalities” who have nothing to do with the judiciary, lawyers, or judges.

“This is required so that the nominated members can work impartially, without any bias and influence of any kind,” said AIBA chairman Adish C Aggarwala.

The Supreme Court of India also should have proportionate representations from each state based on their population. Emphasizing on this point, Aggarwala cited how Maharashtra, a state of 100 million people had three judges in the SC whereas Uttar Pradesh which has a population of over 200 million had only one.

Similarly, there was only one judge from each of the following states: Gujarat (60 million population), Bihar (100 million population) and West Bengal (90 million population). There were no representation from states like Himachal Pradesh (6 million population), Rajathan (68 million population) and Chhattisgarh (25 million population).

The charter also suggested that no retired judges should be appointed in any commission or tribunal. “Only sitting judges should be appointed to such posts. To enable appointment of sitting judges in the tribunals and commissions, the sanctioned posts of judges should be increased suitably.”

 

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