Modi Government not trying to address the wider issues in judicial reform : BSD
The BSD welcomes the striking down of the NJAC Act, which was a clear attempt to control the higher judiciary and to fill it with conformist judges. However, it also cautions the Supreme Court not to succumb to the fatal attraction of ‘judges-alone-appointing-judges’. It also urges the Supreme Court to voluntarily come out with mechanisms to control the rising corruption in the higher judiciary.
BSD CAUTIOUSLY WELCOMES REPEAL OF NJAC ACT BSD URGES GOVT TO GO FOR JUDICIAL REFORMS RATHER THAN JUDICIAL CONTROL
The Bharatiya Suraaj Dal had issued a press release last year saying that it would be a BLCK DAY for Indian Democracy if the National Judicial Appointments Commission Bill was finally enacted and became operational. The view was based on two provision of the new proposed law: Section 5 (2) stating that any two of the seven members of the National Judicial Appointments Commission could veto the appointment of a judge; and Section 6 (7) stating that the eligibility of somebody being worthy of becoming a High Court of Supreme Court judge would be recommended by Chief Ministers and the Governors, i.e. politicians. While a veto is not per se objectionable, it becomes objectionable in view of the fact that the newly inserted Article 142A of the Constitution of India empowers the committee of three consisting of two politicians – PM and the Leader of the Opposition - to nominate two ‘eminent’ persons to the national Judicial Appointments Commission, which was already having the Law Minister of the Govt. of India as an ex-official member. ‘Eminent Persons’ is not defined, and they could even be politicians or ex-politicians. All these provision of the Constitution and the new law read together make it clear that the likes of VR Krishna Iyers and PB Sawants would have very little chances now of becoming High Court and Supreme Courts Judges, and the Judges would now be wary of displeasing the political class in order to become members of the higher judiciary. In a country where the quality of the political executive is very low, it would considerably erode the independence of judiciary, if the Chief Ministers were to certify the character of prospective High Court and Supreme Court judges.
The BSD is disappointed at the Modi Government not trying to address the wider issues in judicial reform that are affecting the common and poor people especially in the rural areas. It shows the intellectual bankruptcy and lack of political will of the BP and the Central Government.