Press Releases Archive

Dr.JP's Letter to PM on National Judicial Commission

6th August, 2012
Hyderabad

To
Dr. Manmohan Singh
The Prime Minister of India

Esteemed Prime Minister Dr Manmohan Singh ji,

Kindly recall my discussion with you on April 27, 2011. On the same day I wrote to you enclosing the communication and recommendations from three eminent jurists – Sri Justice MN Venkatachaliah, Sri Justice JS Verma and Sri Justice VR Krishna Iyer – on vital judicial reforms.

Judiciary is our most trusted and valued institution. However, the mechanisms for judicial appointments have proved to be inadequate in elevating the best and brightest to the bench. And the existing arrangements to hold erring judges to account have failed.

Foundation for Democratic Reforms (FDR) has therefore initiated a process to pursue judicial reform in the country. We requested three of India’s most eminent and credible jurists – Sri Justice MN Venkatachaliah and Sri Justice JS Verma, both former Chief Justices of India, and Sri Justice VR Krishna Iyer, former Judge of Supreme Court – to come together and make suitable unanimous recommendations for judicial reform. The three eminent jurists labored for about a year, and after long and detailed deliberations, they have unanimously agreed upon the following judicial reforms:

  • Creation of a National Judicial Commission (NJC) for transparent appointments to the Supreme Court and High Courts. This mechanism would combine the input from the elected branches of the government and the judiciary. The suggested composition and functioning of the NJC for appointments to various courts is given in the Note re: NJC by Sri Justice MN Venkatachaliah and Shri Justice JS Verma and endorsed by Sri Justice VR Krishna Iyer, based on the Towards Greater Judicial Accountability concept paper by FDR (all documents enclosed).

  • Replacing the present, cumbersome and unsatisfactory constitutional mechanism of impeachment (under Art.124 (4)) with a more effective mechanism for removal of errant judges, functioning under the NJC framework.

  • Creation of an All India Judicial Service (AIJS) on the lines of IAS and IPS, for enhancing the competence and quality of judges in trial courts, under Art. 312 of the Constitution.

The proposals of the eminent jurists can be harmoniously and synergistically reconciled with the Judicial Standards and Accountability Bill, 2010, now before the Parliament.

You and other national leaders across party lines have been articulating the need for judicial reforms to protect the independence, integrity and image of the higher judiciary. Our interactions with all major leaders of political parties indicate that there is a broad political consensus in favour of these reforms.

Now is the time to press for genuine judicial reform. Independent, competent and honest judiciary enjoying full public confidence is clearly the need of the hour. We therefore urge you to accelerate the process of judicial reform in line with the proposals of the three eminent jurists.

I am enclosing the letter of the three eminent jurists (dated April 27, 2011) addressed to you, and the joint note prepared by them for your easy reference and expeditious action. In view of the importance of the issue, and the need for building a national consensus, we are taking the liberty of sharing this communication with leaders of political parties, members of Parliament and media.

With warm personal regards,

Sincerely,

Jayaprakash Narayan
(General Secretary)

Monday, August 6, 2012 - 19:53

Now is the time for deeper judicial reforms, Dr. JP tells PM

Lok Satta Party President Dr. Jayaprakash Narayan today requested Prime Minister Dr. Manmohan Singh to usher in two far-reaching judicial reforms: the creation of a National Judicial Commission (NJC) for transparent appointments to the Supreme Court and High Courts, and the creation of Indian Judicial Service on the lines of IAS.

In a letter to the Prime Minister on the eve of Parliament’s monsoon session, Dr. JP said the proposed reforms should also provide for replacement of the present, cumbersome and unsatisfactory constitutional mechanism of impeachment with a more effective mechanism for removal of errant judges, and creation of an All India Judicial Service (AIJS) on the lines of the IAS and the IPS, for enhancing the competence and quality of judges in trial courts.

The letter to the Prime Minister is a follow-up to the initiative for judicial reforms taken by the Foundation for Democratic Reforms (FDR), a non-partisan research-and-advocacy body, headed by Dr. JP.

At the request of the FDR, three eminent jurists of unimpeachable integrity and moral authority and stature –Justice M. N. Venkatachaliah, former Chief Justice, Supreme Court, Justice J. S. Verma, former Chief Justice, Supreme Court, and Justice VR Krishna Iyer, former Judge, Supreme Court – carried out in-depth deliberations and unanimously suggested certain reforms.

Dr. JP referred to the Prime Minister’s determination to protect the integrity and image of the higher judiciary, and said the proposals made by the three esteemed justices can be harmoniously and synergistically reconciled with those in the Judicial Standards and Accountability Bill, 2010, now in Parliament.

The FDR took the initiative in the wake of credible allegations leveled against individual judges in recent years by prominent members of the bar and others.

The FDR feels that although the judiciary on the whole is conducting itself with admirable dignity and propriety, the actions of a few black sheep are damaging the entire institution. If the credibility of the higher judiciary is undermined further, there is the real danger of the nation falling apart, feels the FDR.

When complex and contentious issues like reservations or Ayodhya create conflict, the nation needs the judiciary to stand as a bulwark of freedom and constitutionalism.

Dr. JP told the Prime Minister that “now is the time for deeper judicial reforms.” The existing mechanisms for judicial appointments have to be recast so as to ensure elevation of the best and brightest to the bench, eliminating the doubtful, and in a transparent manner. Simultaneously, judicial accountability being integral to judicial independence, there is a need for an effective mechanism to enforce judicial accountability.

Monday, August 6, 2012 - 19:42

Jaipal's defense of gas diversion Bureaucratic, says Dr. JP

Lok Satta Party President Dr. Jayaprakash Narayan today characterized Union Petroleum Minister S. Jaipal Reddy's defense of gas allocation to Ratnagiri power plant at the expense of Andhra Pradesh as bureaucratic.

Addressing a media conference, Dr. JP recalled that the Union Cabinet committee had decided in 2008 to allocate the available gas to fertilizer plants, domestic users and power plants in that order of priority. The committee, however, placed the Ratnagiri power plant on par with fertilizer plants for gas allocation.

The gas production from Reliance's D 6 block of the Krishna-Godavari basin at that time was 80 MMSCMD and was expected to go up to 120 MMSCMD by now. Instead, the availability has plunged to 29 MMSCMD now.

Sticking to the biased 2008 decision in 2012 when there has been a steep shortfall in gas production is unwarranted, said Dr. JP. As Union Petroleum Minister, Mr. Jaipal Reddy ought to have brought the changed circumstances to the notice of the Union Cabinet and ensured that no injustice was rendered to Andhra Pradesh in the process.

Dr. JP appealed to all political parties to transcend differences and fight for justice in gas allocation.

In reply to a question, Dr. JP said that Team Anna Hazare's plans to float a political party cannot be faulted. It is because most political parties have lost public confidence that Team Anna has come up with the idea.

Commenting on BJP leader M. Venkaiah Naidu's comment that the Team Anna Party will end up like the Lok Satta, Dr. JP said that winning elections at a time votes are bought with money and liquor might be difficult. Had the established parties worked for basic political reforms, there would have been no need for a Lok Satta Party or a Team Anna Party, Dr. JP added. The question is not whether Team Anna or the Lok Satta will win elections or not but whether the status quo should be allowed to continue. Why have not established parties like the Congress and the BJP with a lot of clout and money not taken up basic reforms like empowerment of local bodies or constitution of a National Judicial Commission, asked Dr. JP.

Monday, August 6, 2012 - 19:41

Resolve fee issues and start admissions: Lok Satta

The Lok Satta Party today demanded that the State Government end the agony of students and parents over delayed admissions to professional colleges by undertaking immediate counseling.

In a media statement, Lok Satta Party General Secretary Katari Srinivasa Rao wanted the Government to resolve the fee issue immediately in the wake of the High Court and Supreme Court judgments so that students do not lose precious time in the academic year.

Pointing out that the courts have given the freedom to certain colleges to fix the tuition fees based on the infrastructure and other facilities they have, Mr. Srinivasa Rao said that the Government should ensure that the fee charged by them is rational and reasonable and reimburse the colleges the fees for students admitted to them under the convener quota. The Government should reimburse whatever fee it fixes for all other colleges to students who get seats under the convener quota

Mr. Srinivasa Rao also suggested that students be rid of the bother of applying individually to many colleges for a seat under the management quota. Instead, the managements should work out a method under which a student has to put in only one application.

Saturday, August 4, 2012 - 17:44

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