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Reforming India’s Judiciary
by Rajinder Puri Bookmark and Share
 
Workshop # 17

Undoubtedly the most important criterion for assessing the worth of a society is the quality of justice it delivers. In India the judicial system is under a cloud. Judges have been discovered to be corrupt. Court judgments too often are bizarre and irrational to make a serious dent on the credibility of the justice system. How might the judiciary be improved? The human quality of the judges is wanting. The character of those who must deliver has an impact on the working of the system. But it is equally true that the system has an impact on the character of those who must deliver. What kind of systemic reforms might we consider that improve the human quality of judges? The following ideas suggest themselves.
 
First, the judiciary must be insulated from the political class. To achieve that a Judicial Commission comprising retired judges and legal luminaries should be appointed to decide the appointment, promotion, demotion and transfer of judges. Judges must be freed from the power of the cabinet. The Judicial Commission must be made accountable to the President of India as became the Election Commission under compulsion of events during the tenure of Mr TN Seshan as the Chief Election Commissioner. This implies a reappraisal of the President’s own role vesting Rashtrapati Bhawan with responsibilities not presently discharged by the President. This implies a major reform of the entire system.
    
Secondly, judges should be given a special moral status as is owned by priests. For that judges should possess specialized training imparted by recognized institutions and pass a test before qualifying for a judicial service for life that disallows them entering any other service, business or employment after retirement. This implies emoluments and pensions that provide full comfort and security to judges for life. The retirement age of judges may be raised to seventy years and the decision to retire them before that age should be left to the discretion of the Judicial Commission.
 
Thirdly, the huge backlog of pending cases should be cleared by emergency measures. Thereafter it should be mandatory that every case be disposed off within six months. If new evidence emerges the case may either be reopened or a fresh case may be registered. 
 
These are some of the measures that may be considered to improve the quality of judges which after all determine the quality of the justice system in a country.     
 
 Workshop # 17 

 Act! Oh, Goddess of Justice! by G. Venkatesh   
 Advocacy by Dr. Raj Vatsya   

 Against All Odds by Shernaz Wadia   

 Animal Farm Again by T. A. Ramesh   

 Before The Bench by Kamal Wadhwa   

 Blind Justice Symbolism by Rajha Rajesuwari Subhramanium   

 Blind to Hypocrisy by Jayaprakash Raghavan Pillai   

 Can Justice Reach India’s Toiling Masses? by Dr. Uddipan Mukherjee   

 Coomaraswamy’s Last Stand by Kamal Wadhwa   

 Encounter by Shernaz Wadia   

 Give Humanity A Chance by Rupradha Mookerjee   

 Gizzards by Afanwi Stella   

 How Long, Oh Goddess of Justice! by Dr. Kumarendra Mallick   

 In A World of Big Lies... by N. S. Murty   

 In Defense of A Committed Judiciary by Kamal Wadhwa   

 In(Justice) by Ramesh Anand   

 Is Justice Blind? by Nikhil Sharda   

 Is Justice Humane? by Shibsankar Bagchi   

 Is the Statue of Lady Justice Relevant in India Today? by Ganesh Joshi   

 Just Justice by Dr. Madhavi Godavarthy   

 Justice Delayed: Justice Denied by Bharat B. Trivedi   

 Justice Delivered by Janaki Janar   

 Justice for All by Mukesh Williams   

 Justice in Adversarial System by Dr. Raj Vatsya   

 Justitia Versus Justice by Ramesh Anand   

 Lady Justice by Ramesh Anand   

 Lady Justice’s a Pretty Nice Girl by Dipankar Dasgupta   

 Lost is Our Humanity by Rupradha Mookerjee   

 Miss Justice, a Villanelle by Steve Talbert   

 Mother Justice by Prof. Siva Prasad Peddi   

 On Her Blindness by G Swaminathan   

 Order by Dr. Raj Vatsya   

 Reform or Perish by Rajinder Puri   

 Reforming India’s Judiciary by Rajinder Puri   

 Rejoice! by Pavalamani Pragasam   

 Righteousness is Divine ... by Deepak Yadav   

 Self-realization through Internal Justice by Prof. Siva Prasad Peddi   

 Shall We? (Tyburn) by Ramesh Anand   

 She Laughs at It! (Senryu) by Ramesh Anand   

 Strength of a Woman by Yogita Tripathi   

 The Lady Justice's Lament by Ramesh Anand   

 The Lady of Justice by Supriya Bhandari   

 The Origins Of Justice by Gaurang Bhatt, MD   

 The President's Pardon by Jayaprakash Raghavan Pillai   

 The Public Prosecutor by Kamal Wadhwa   

 The Social Base by Prof. Siva Prasad Peddi   

 Universal Justice (NONET) by Ramesh Anand   

 Whatsoever (Limerick) by Ramesh Anand   

 Who Am I? by Dr. Shirisha Dabiru   

 Why? by Pavalamani Pragasam   
11-Nov-2010
More by :  Rajinder Puri
 
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