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Indian judiciary time to change

Indian Judiciary

Judiciary got an unique protection called Contempt of Court. No one should criticise or undermine the Judiciary, if someone does he will be sent to Jail. This protection is given to judgments so that people have to accept the judgment and keep quiet and not to criticise the judgment openly. They can appeal to next level but not to comment. This unique contempt of court protects the Judiciary from criticism and everyone scared to make a single comment.

So Print or Digita Media or Movies, they never show any judge or judiciary as corrupt or talk about corruption in judiciary or inefficiency of judiciary. They always show judges in good books. In Movies, Try to find one movie, where a judge is shown as a villain or taking bribe or doing anything negative. They always show them as good and honest. In Media also no one talks about Judiciary and why cases are pending for so many years and why judiciary can’t deliver their judgments on time ?.

With this Media Content a PERCEPTION is built into people minds that Judiciary is GREAT But In reality our Judiciary is a WORST institute, they take years and years to give one judgement, cases go as long as 25 to 30 years, People appeal and appeal continuously and make sure they never go to jail. Our Judiciary is an escaping tool for Rich and a crushing tool for Poor.

Judges Appointments

High Courts conduct exams and recruit people as Judges at state level plus high courts can make few people as judges based on their experience as lawyers, generally public prosecutors. State Governments appoint some favourable and under talented of their men as Public Prosecutors, These lawyers work for 4 to 5 years and then with lobbying and recommendations become Judges and enter into Judiciary and gain some experience at district level Judiciary and are ready to be recruited into High Courts over a period of time.

Supreme Court’s Top 5 Judges called as Collegium Sit in a room one day and elect Judges for High Courts and Supreme Courts. For me this looks like BCCI cricket selectors sitting and selecting players for their board. Judiciary is not some private company and to recruit your own guys, it’s a public institute and where is public involved in this selection process ? Basic and Fundamental Question.

No Where in the world Judiciary appoints their own Judges without people elected Government’s involvement. This process is totally opaque and shady. they don’t give any minutes or reasons for appointing, simply they recruit some people. There are enough articles on this how judiciary become like a kingdom and nepotism prevails and entire SC Judges are related or Kin’s of earlier judges.

National Judicial Appointment Commission

Government bought a Constitutional Amendment to appoint Judges and there by bringing some accountability and transparency in appointing judges, This Constitutional Amendment is approved by 2/3 of Lok sabha & Rajya Sabha plus more than 15 state assemblies but a mere 5 Judges sitting on SC bench disqualified this using one contentious judgement as a reference that Basic of Constitution can’t be changed. This itself is under question, what is basic and what is not basic, No One knows, it’s again a comedy.

Lower Level Judges Recruitment

Last 70 years UPSC is recruiting IAS, IPS and other services. They didn’t get any bad reputation in recrruitment and following the process religiously, transparently and doing a good job. We should allow the recruitment of Judges to them and let them recruit people into Judiciary and close all the loop holes of filthy, crocked people entering into judiciary. This solves major problem but courts are not interested in loosing their power of recruitment in the name of independence which is utter nonsense. Independent functioning doesn’t mean you recruit your own.

Tomorrow if every institution like CAG, EC, Military and everyone try to recruit their own without government what the hell the people do ? and why do we need parliament and people representatives ?

Accountability and Responsibility

Judges needs to be accountable and Responsible for speedy delivery of Judgements, Fire Judges who are inefficient and giving wrong judgements continuously.

Governments should put a committee and identify the number of judges required for speedy resolution and recruit judges through UPSC and start clearing pending cases and improve the judiciary, this brings law and order in control. At present judiciary and justice in our country is a torture to ordinary person. No one is dared to touch the steps of courts but they try to settle with local police or goons and creating new law and order issues. If there is a speedy Judiciary, a lot of problems will be resolved automatically.

Solution or Change

Judicial Reforms are long due and badly needed on priority. Collegium needs to be dismantled and reform the lower court judges Recruitment first by handover that to UPSC or some other body and then increase the number of judges and number of courts. This resolves hell lot of problems we are facing today.

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