It's Time To Review The Collegium System And Sensitise The Judiciary

It's Time To Review The Collegium System And Sensitise The Judiciary [Credit-News 18]

The judiciary is considered the fourth pillar of a democratic country. In some or many instances, this pillar does not function its duties properly. India too is not different from this scenario.

According to the senior advocate Dushyant Dave, the Supreme Court of India in today's time is 'not as strong' as it can be. He lamented the fourth pillar and said the collegium system has resulted in 'some of the worst appointments in High Courts and Supreme Court.

During the speech at the 'Bebaak' event organized by Jansatta.com, Dave cited the example of the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammed Chaudry, during the regime of President Pervez Musharraf in 2009.

No Requirement to 'Reserving' Judgments in Open and Shut Cases:

Mr. Dusyant Dave explained that there is no point in giving much time to 'reserving' judgments, especially in open and shut cases. He cited the case of Ajmal Kasab, the 2008 Mumbai terror attack convict. He also elaborated on the 2023 Parliament security breach case.

No Time to 'Reserving' Judgments in Open and Shut Cases [Credit-The Statesman]

The senior advocate and former president of the Bar Association of Supreme Court said that these are open-and-shut cases and the apex court should use discretion and not waste much time. In his words,

" I believe in the case of Kasab, we need not have wasted............. time. It was an open-and-shut case. The Supreme Court only wasted time....... for what?"

In the Parliament breach case, whatever may be their defense, you may consider it for reducing their sentences but they breached Parliament's security, which is a serious matter, and have grave concerns.

Trials in such cases should be expedited and within a month they should be given a sentence. There is no need to delay the trial by two or four years anyway. These are the cases where our judicial system can fast-track.

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Need of The Time to Review The Collegium System:

Launching a sharp attack on the Collegium system, Dave said it has been a 'disastrous failure' in the judiciary of the country, in nearly 40 years, from the time when the Supreme Court gave its judgment.

In the 'Second Judges' case in 1993 the Supreme Court said that the appointments of High Court and Supreme Court judges will be through the Collegium system. Mr Dave said I believe that the worst appointments have happened in the past few decades in the judiciary. 

He elaborated that the time till the executive was there, some judges were bad, but by and large the quality of judges, in terms of competence or integrity, was impeccable. 

Need of The Time to Review The Collegium System [Credit-YouTube]

But in the last 40 years, many such judges have come who are just not eligible for appointment, and who have no competency and integrity as well. There have been several serious allegations of financial impropriety against many judges, including many CJIs, in the last 40 years.

Former Law Minister [In the Morarji Desai Cabinet] Shanti Bhushan has given a sealed cover to the Supreme Court about several CJIs were corrupt. The Supreme Court has never shown the courage to follow up with the case and eagerness to check the corrupt parties.

Even the Supreme Court subsequently dismissed the case. The senior advocate added if the power of appointment goes into the hands of the executive, of the Supreme Court as well as the High Court judges, they will also appoint their people. 

They are doing it now as well through the collegium system because there is always an influence of the government in the Collegium system. In the past 8-9 years, the recommendations have been such which shows an influence of the government and an ideology. 

This is a major challenge before the judicial system and the country. This has happened during the earlier Congress government too.

Nari Shakti Vandana Adhiniyam Is The 128th Constitution Amendment Act

Judges Need To be Sensitised:

The former president of the Supreme Court Bar Association also highlighted the point that judges of the High Court need to be sensitized. The sitting Chief Justices have to sensitize them, by correcting them or penalizing them.

Former President of The SCBA and Current CJI [Credit-Bar and Bench]

He raised the question that our judiciary is not sufficiently sensitized, especially over issues related to women and Dalits. After 75 years of Independence, if any Dalit takes out his 'Baraat' [marriage procession] sitting on a horse, that individual is murdered.

Look at the census, they are 16% of our population. What kind of nation we are making of ourselves? He responded to a question over a 2023 judgment of the Allahabad High Court, which slammed live-in relationships and termed it as a 'systematic design to destroy the institution of marriage.'

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He gave another example of 'stalking'. In one case, a judge said that stalking is not an offense. Could you imagine the plight of this woman, who is being stalked? She might be fearing for her life. It shows that judges are not sensitized at all.

He criticized CJI Chanderchud for his lectures that did not do anything to sensitize the judiciary and said as the leader of the institution, the CJI has to sensitize them by talking to them, arranging meeting times, and again.

Judges Need To be Sensitised [Credit-The Wire]

Dave said that the CJI has the power to penalize judges over certain judgments, like the verdict on live-in relationships and stalking is not an offense. The CJI can transfer them or if found in corrupt practices, can recommend to the government to initiate impeachment proceedings.

The judiciary has to be proactive and sympathetic to people's needs which is missing. Today look at minorities' problems, there are so many people accused in the Citizen Amendment Act [CAA] who are logged in jail. Their bail cases have been adjourned in the High Courts several times.

It's a big challenge for us and the judiciary must consider it seriously and quickly. The senior advocate concluded that 'Justice does not mean any kind of justice but it must be real justice.'

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Watershed Moment, Three Bills Passed To Replace 'Colonial-Era Criminal' Laws

Indian Parliament has created history on 21 December 2023 by passing three bills. These passed bills will replace the 'colonial-era criminal' laws. Prime Minister Narender Modi said a 'watershed moment' after bills passed by the parliament.

Indian Parliament has passed bills to replace the 'colonial-era criminal' laws. [Credit-Bar and Bench]

Prime Minister on Thursday hailed the passage of three criminal justice bills. He said these bills will replace as many colonial-era acts as a watershed moment in India's history and has marked the beginning of a new era with laws centered on public service and welfare.

Prime Minister Described Watershed Moment After Parliament Nod:

Prime Minister Narender Modi said it is a watershed moment in the history of India and new laws are focused on welfare and public service. He said through them, we have bid goodbye to the outdated sections on sedition.

Indian Parliament on Thursday gave its nod to the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023. 

These newly passed bills will replace the colonial-era criminal laws these are the Indian Penal Code-1860, the Code of Criminal Procedure-1898, and the Indian Evidence Act of 1872, respectively.

Nari Shakti Vandana Adhiniyam Is The 128th Constitution Amendment Act

End of Colonial-Era Criminal Laws By New Bills:

Prime Minister Modi further added that these transformative bills are a testament to India's commitment to reform. These bills bring our legal, policing, and investigative systems into the modern era, focusing on technology and forensic science.

These bills will ensure enhanced protection for the poor, marginalized, and vulnerable sections of society and will come down heavily on organized crime, terrorism, and such offenses which strike at the root of the country's peaceful journey to progress.

Prime Minister highlighted the Home Minister's speech and said in our 'Amrit Kaal' that these reforms will redefine our legal framework to be more relevant and empathy-driven. Amit Shah elaborated on the key features of these bills and said the soul, body, and idea of new criminal laws are purely Bharatiya.

Amit Shah elaborated on the key features of these bills [Credit-Hindustan Times]

Rajya Sabha and Lok Sabha have adjourned sine die [indefinitely] after it passed three bills. Both houses also cleared the Telecommunications Bill 2023 which aims to reform the country's century-old telecom law. 

The new Telecom law makes the sector investor-friendly, prioritizes user protection but also extends powers to the government to intercept communications in required cases. The Winter session of Parliament began on December 4 and is scheduled to conclude on December 22.

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Nari Shakti Vandana Adhiniyam Is The 128th Constitution Amendment Act

About Nari Shakti Vandana Adhiniyan Bill 2023:

Nari Shakti Vandana Adhiniyam [Credit-Study IQ]

Awaiting for a long time, the Women's Reservation Bill has been passed by the Parliament of India on 23 September 2023. This bill is named the "Nari Shakti Vandana Adhininym" bill. We will discuss the current amendment, its historical background, and the proportions of women in legislatures at the world level in this article.

The Women's Reservation Bill got the support of almost all political parties. It gained 454 votes in favor a mere 2 votes in opposition in the Lok Sabha and a unanimous support in the Rajya Sabha. Under Article 330, a new subclause is added and reads as ‘330 a’ for the provision of women reservation in the Parliament and State Legislatures. 

Nari Shakti Vandana Adhiniyam [Credit-The Hindu]

Now more than 50% of states need to rectify it. As per the Constitution Amendment [Article-368] Act, if a Parliament law affects the states directly, it needs rectification by more than 50% of states to implement it. It seems easy to rectify the bill because almost all parties favor the bill in parliament that leads the States’ Governments.

Provisions of The Nari Shakti Vandana Adhiniyam: 

1). As per the amendment, women would have a reservation of 33% seats in directly elected bodies of Parliament and State Legislatures. 

2). The act will be implemented after the Delimitation Process that is scheduled to occur in 2026. 

3). As per the other clause, the first census after passing out the law would be the base for reservation.

Nari Shakti Vandana Adhiniyam [Credit-NEWS 18]

4). The reservation will be applied for 15 years for the first time and will gradually increase as per the will of Parliament.

5). The amendment also has a provision for the Scheduled Castes and the Scheduled Tribes women would be benefited. 

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History of the current women's reservation bill:

On the very first day of the Constituent Assembly of India on 9 December 1946, Smt. Srojini Naidu was the only woman sitting in the Constitution Hall. The first time, the women's reservation bill was introduced in the Lok Sabha by Sh. H.D. Devegoda's government in 1996.

History of Women's Reservation Bill [Credit-The Law]

It was reintroduced in 1997, 1998, and 2008 again but could not succeed. The bill lapsed due to the dissolution of the Lok Sabha and in the absence of consensus among political parties.

As Prime Minister Sh. Narender Modi said, “ He had been chosen by God for the noble task of giving rights to women.”

Women's Reservation status at the world level:

There are many countries in the world which considered less developed but provide a higher proportion of women representatives in their respective legislatures. Countries like Nepal, Mexico, South Africa, etc. have more women candidates in their Parliaments than India.

S. No.	Country	Data [%]
1	Rwanda	61.3
2	South Africa	42.7
3	Mexico	48.2
4	Nepal	32.7
5	…….	…..

We could see different methods of more women representation than direct election in legislatures. Some countries provide quotas at the political party level while some countries have multiple constituent seats to adjust women's representation. The above link will provide full details.

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