Forum for Judicial Reform

Proposal for debate on Judicial Reform prepared by Radha Krishna Kumar.

As we know that we are living in capitalist system where money counts almost everything in the society. Everybody is running after money because everything has become saleable. Corruption is by product of capitalist system which creates more needs and greed. The old ideology of simple living and high thinking and austerity has become obscure and obsolete. In a system where money counts everything corruption is bound to happen.

In a country like India, vast economic disparity exists. On the one hand half of the population of this country is doomed to live below the line of poverty and is deprived of basic education and necessity and on the other hand some people are becoming richer due to our faulty and corrupt system. All organs of our administrative system are suffering from cancerous disease of corruption. Even the capitalist lobby and vested interest are working to influence our judicial system through corporate lawyers and faulty system of appointment of the judges.

In the words of justice Krishna Ayer, how would an advocate having a roaring corporate practice and a particular mind set become a sage overnight after being appointed as judge?

Our judicial system is very vulnerable to corruption due to some inherent flaws in the existing judicial system. Therefore it should be urgently addressed to prevent trembling faith of people in the system. The covert system of appointment of judges in higher judiciary is one of the conspicuous reasons to doubt our judicial system. It’s a pick and chooses system. No democratic and transparent method is adopted by collegiums of judges. Lobbying and class bias cannot be ruled out in the present system.

Recently the higher judiciary came into storm and controversy and the faith of the people in the judicial system started eroding due to Gaziabad P.F.scam, bundle of currency notes was found at the door of a judge of Punjab & Haryana high court, illegal allotment of plots to the judges of Orissa high court, controversy regarding appointment of Justice Dinakaran, illegal accumulation of wealth by some judges of supreme court, allegation of corruption by Prashant Bhushan on the former chief justices of supreme court.

In view of these facts and circumstance it is the need of the hour to rectify the flaws in our judicial system and for that all efforts need to be made, otherwise judiciary would became a laughing stock like the political class. Some suggestions are made hereunder for inviting debate on this topic in the enlightened and patriotic circle of our society to save our judicial system and make it more transparent, vibrant and robust.

1. There should be an all India judicial service on the pattern of IAS conducted by UPSC and it should be called IJS (Indian judicial services). The examination should be conducted for additional district judges (ADJ) and they will reach in the high courts and Supreme Court by promotion on the basis of periodic merit assessment by an independent committee.

2. There should be subordinate judicial services for the magistrates conducted by the state judicial commission.

3. The judges should be given handsome salary, perks and better pension after retirement. Judges should be required to disclose their assets at the time of their appointment and there should be annual assessment of their assets by CVC or CAG.

4. There should be an independent NYAYA LOKPAL consisting of 5 members, 1. Eminent retired judge of Supreme Court, 2. Eminent law professor, 3. CVC, 4. CAG, 5.CEC to entertain the complains of corruption and judicial misconduct against the judges of supreme courts and high courts.

5. The impeachment procedure of the constitution should be deleted and that power should be vested to the NYAYA LOKPAL.

6. There should be strict code of conduct, so that no retired judge of Supreme Court or high court is appointed on any advantageous position except lokpal.

7. The proceeding of the supreme and the high court should be video recorded and made available on the web site of the concerned court and the modern technology should be used for the speedy justice.

8. The language of the Supreme Court must be Hindi in addition to English and the language of the high court should be in the main state’s language in addition to English.

9. Time bound justice needs to done. Delay in justice tantamount denial of justice. The maximum time for justice for trial court should be 1 year, for the high court and the Supreme Court should be 6 months each. The advocate should be allotted a time limit for the argument.

10. The number of the judicial officers and judges should be increased on the basis of population and the number of the cases. The following formula should be adopted, namely: one judicial magistrate for population of 15 thousand, one additional judge for population of 30 thousand, one high court judge for population of 5 lakh and one Supreme Court judge for population 50 lakh.

Please mail your suggestion on: kumar.radhakrishna@gmail.com

Jan Lokpal movement

This is the first time in India that an anti corruption movement led by Anna hazare received unprecedented response and participation from every layer of the society. But the man behind movement is Arvind Kejriwal who had given a shape to Jan Lokpal bill by taking legal expertise of Mr Shanti Bhushan, Justice Santosh Hedge and other legal experts. The first public meeting on Jan Lokpal issue was held on 30^th January at Ram Lila ground and impressive gathering of all class of people especially students were seen. Shri Anna hazare was one the speakers of the meeting.

The 5^th April was a turning point in the history of Jan Lokpal movement when Shri Anna hazare sat on fast unto death at Jantar mantar and this got wide coverage on the television channels and the people’s support in the movement in all most all cities and towns of the country and even some cities of abroad. The central government succumbed to the public pressure and conceded the demand for inclusion of five civil society members in the drafting committee of Jan Lokpal bill. Although the central government was reluctant to the demand of Anna hazare but the government led by Congress party has to swallow bitter pill because of prospect of the general elections which were to be held shortly in the states namely West Bengal, Assam, Goa and Kerala.

There were differences and discord among the members of civil society and the members of government in the drafting committee. From the very beginning, the government members particularly Mr. Kapil Sibal and Mr. P. Chidambaram were opposed to some provisions of Jan Lokpal bill whereas Arvind Kejriwal wanted that the basic structure of the Jan Lokpal should be included in the bill to make the bill more effective and deterrent to curb the rampant corruption pervading in the country.

The central government gave assurance to put Jan Lokpal bill on the table of parliament before 16^th of August, 2011 however it could not fulfill the promises which were made to the nation. Shri Anna hazare has to sit on the fast unto death again due to government apathy and reluctance to bring a strong anti corruption law in the country. The whole world watched live ruthless drama of the central government when it wanted to crush the popular anti corruption movement led by Anna hazare likewise Baba Ramdev led anti black money movement which was crushed mercilessly on 4^th Jun, 2011. However this time the government did not take tough action like Baba Ramdev due to the fear of the counterproductive outcome due to the overwhelming people’s support of this movement throughout India and some parts of glob.

From the very inception the central government is reluctant to bring Jan Lokpal bill and still some leaders of Congress party and ministers are playing dirty politics by creating confusion, misinformation and discrediting the members of civil society in order to deviate the issue of Jan Lokpal. However the people are aware of the fact and government at the centre has lost all credit and prestige. It is the wise decision of the core committee of India against corruption to oppose Congress party in coming election if the Jan Lokpal Bill is not introduced and passed in the parliament in winter session of 2011. Because no other option is left to pressurize this government. The ruling party can only be brought under the control under the threat of dethroning the party from power.

----- Radha krishna Kumar

shattered dream

The freedom fighters and the members of the constituent assembly of India might have visualized a vibrant, progressive and accountable democratic nation, because the object of freedom struggle was not to get only political freedom of the country but to shape her in such way that India stands with pride in the comity of nations. The declaration of the constitution of India in the preamble of the constitution is the reflection of the dreams which might have been seen during the freedom struggle by the founding fathers of the constitution.
The speech of pt. Nehru ‘Long years ago we made a tryst with destiny and now the time comes when we shall redeem our pledge,’ indicates us towards the vision and the objectives of the freedom struggle. Whether India has translated the dreams of our founding fathers into reality or has it forgotten those dreams and taken other path?
The sixty years journey after the independence of India has certainly achieved some economic prosperity but it has lost basic values and culture which India is known since ancient ages.
The main pillars of the system namely, executive, legislature and judiciary have failed to come up to the expectation of the people. The executive is unaccountable, corrupt and paralytic. The legislatures are irresponsible, senseless and corrupt. The judiciary is aristocratic and the justice is too onerous, dilatory and costly. The media is glamorous, irresponsible and money minting. India has achieved highest rank in corruption, poverty, illiteracy, and malnutrition and population growth in the world. It has lost simplicity, honesty, austerity, sacrifice and moral values. There are constant onslaught on the culture of India through the various channels.
The leaders have no vision and they are indulged in money making and philandering. The raucous session of parliament and assemblies is indicative of the seriousness of the Indian leaders. The press is just after money making. It is not less corrupt that the politicians. Some journalists have become millionaire by taking shares in the booty of politicians and bureaucrats. The dream of Subhas Chandra Bose, Bhagat Singh, Chandra shekhar Azad, Lal, Bal and Pal is shattered.
Though India got political freedom but the dreams of our innumerable patriots who have shed their blood for this country is yet to be fulfilled. The dignity of every Indian is yet to be achieved. An egalitarian, just and equitable social, political and economic order was the object of revolutionary leaders like Bhagat Singh and Chandra Shekhar Azad. The pirates and plunderer politician are creating hatred among the Indians in the name of caste, region and religion in order to obstruct revolution.
---------- Radha Krishna Kumar

True Religion

“ Moko kahan dhunde bande, main to tere pass re,
Na main mandir, na main masjid, na kabe kailash me”
God says ‘where are you searching me? My son. I am not either
in temple or mosque. Neither at Kaba nor Kailash. I am just before you.’
At early stage of civilization people were worshiping nature such as river, rain, sun, fire out of reverence or fear but in the later stage of civilization people needed religion for the two reasons, firstly to maintain peace and tranquility and secondly to purify oneself. The religious text and the preaching of seers and sages are the testimony to fact that the gradual process of religion sought to achieve the aforesaid objectives. Some seers made penance and research in order to find out the existence of God and the mystery of the universe.
Although there are many religions in the world but the objective of all religion is to elevate human being and to make them more intellectually and spiritually developed. However during the course of time the religion deviated from its main objective and became a forum for vested interests and an arena of battle and discord. Siya-Suni, Hinyan-Mahayan, Shwetabar -Digamber, Akali-Nirankari, Catholic-Protestant, and Shaivaite-Vaishnavite are manifestations of differences. The priests of temples and churches, mullahs of mosques became greedy and wanted to fetch money from the followers. In the name of religion the people were cheated and defrauded. Some priest promised to send the follower directly to heaven in lieu of money. Women were exploited in the of name religion. The rituals and customs eclipsed the true religion and ostentation became the order of the days. Crafty saints become millionaire by cheating the money from the masses.
The penance and cessation of desire have disappeared. The path showers have become path breakers and want to lead lavish life. Selflessness, service to the common is confined only to religious texts. The religion has become a tool in the hands of cheaters and frauds to exploit the masses. Some political parties on the name communal agenda started dividing the masses to capture power to fulfill their nefarious objectives.
The religion compartmentalized the people in Hindu, Muslim, Sikh, and Christians. The religion has become more ritualistic and conservative. Fundamentalist forces misguide the people in the name of religion. There has been much bloodshed in name of crusades and Jihads. Venom of violence is being injected and non-violence is discarded. Division of people in the name of religion creates hatred for the follower of other religion. Riots after riot have been occurring in many countries and religion has become a law and order problem for many nations. People have forgotten the real religion and have been entrapped in fallacy.
There is an urgent need to awake and enlighten them about the true religion. Saint Kabir has exhorted the people to beware of the dealers of religion.
------------- Radha Krishna Kumar

Democracy in India

India is known as the largest democratic country in the world. But is there true democracy or oligarchy or demoncracy? The behavior of elected representatives either in parliament or state assemblies which is shown in media is too depressing. The ugly behaviors of our law makers compel us to
think that what kind of democracy we have. Whether Indians have no choice but to choose among criminals, castist, communalist, corrupt or perverted elements or whether the political system of the country is putrid. Those who have patriotic feeling are feeling suffocated. The educated youth of the country have become cynical because they find no way to get off this polluted political system.
The congress party which claims to be a democratic party is suffering from dynastic disease. Even a foolish member of Nehru family may be thrusted upon as leader of the congress party. The party consists of loyalists and sycophants of Nehru dynasty. There is no place for discussion and dissention. The word of Nehru family is final. Do you call it a democratic party? Is it not neo-kingship under the garb of democracy?
The nature of political parties like R.J.D., D.M.K., Akali Dal, Samajvadi party of Mulayam singh yadav, Lok Dal is similar to the Congress party. A.D.M.K. and B.S.P. is just like one lady private limited company. Although you may have difference to their ideology but there are some parties in India which have features of democratic Party. There is no place of dynasty and sycophancy in Communist parties. Although B.J.P. is not a party of individual like R.J.D., D.M.K., A.D.M.K., Akali, B.S.P., Samajvadi or Congress but virus of sycophancy and dynastic features are very active in B.J.P and it is also controlled by an extra party’s constitutional body namely R.S.S.
Recently a senior party leader of congress party Margaret Alva made an open allegation that the Party’s tickets in Karnataka election were sold. This news doesn’t stun those who have knowledge of political scenario of India, because election tickets are sold in all individual and dynastic parties. The individual and dynastic parties are run similar to a private limited company keeping in view a better dividend prospect.
Everything is fair for politicians in India. There is no institution to put a check on their irresponsible behavior and corrupt attitude. Mafiosi is dominant in all individual and dynastic parties. The politicians have no time to discuss the issues which have become a problem for the country like population explosion and security of the people. The forums of parliament and state’s assemblies have become an arena of scuffle and uproar. The days of Bhupesh Gupta and Jyotirmay Basu have become a history.
------------ Radha Krishna Kumar

Dynamics of Corruption

Recently a globally celebrated Berlin based organization ‘Transparency International’ in its report termed India as one the most corrupt countries in the world. No institution in India can claim to be out of the corruption. Corruption denotes the misuse of public office for personal gain. This is all pervasive in India from the peon to the prime minister.
Although corruption in administration started during the reign of pt. Jawaharlal Nehru but at that time there was least corruption. The reasons may be given are austerity, strong moral value, less craze for material happiness and above all respect for ideals prevalent at that time, but these things started withering away and the index of corruption gradually started showing bearish to bullish trend.
The causes of rising trend of corruption can be attributed to the soft policy of ruling political party which was in the helm of affairs for more than four decades since the independence of the country. The ruling party deliberately allowed corruption to be crop up under the vicious syndicate comprising of the politicians, bureaucrats, corporate houses, corporate saints and the smugglers. Businessmen and corporate houses started giving unaccounted donation to the politicians and bureaucrats in lieu of liberal concessions given to them. The funds meant for infrastructural development started siphoning off. License scandal to fodder scam type of scandals became the order of the day.
The effect of growing corruption is very disquieting and harrowing. India became a country of largest number of hungry, illiterates, poor and unemployed people but at same time political leaders and bureaucrats became richest class(Hajarpati to Arabpati).Some small persons became capitalist by the black money of politicians. The dealers, brokers, fixers started flourishing by leaps and bounds and the farmers, workers started committing suicides. In fact this is not the Asian drama of Gunnar Myrdal but it is the Indian drama after independence of the country.
The majority of youth have no faith in the existing corrupt leadership of the country. The corrupt leadership wants to divert the attention of the common masses by playing communal, caste and regional cards. There is unrest among the masses but they don’t find genuine leadership. In the absence of genuine leadership most of the youth are getting attracted by the Naxalite movement especially in the state of Bihar, Jharkhand, Orissa, Chhtishgarh, Madhya Pradesh and Andhra Pradesh. The change of political scenario in Nepal is the outcome of indignation of the common people. Let us break the unholy nexus of the corrupt syndicate.
-----------RadhaKrishnKumar.

politics of separation

India has been witnessing the politics of separation on the basis of religion, caste, language and region since the independence movement. The politics of Muslim league and late Jinnah is an example of divisive politics.
Although the British can be condemned for their policy of the economic exploitation but at same time they are appreciated for giving us a vast territory of India. The most southern parts of India had never been part of India even during the reign of emperor Ashoka, Sikandar Lodi, Akbar, and Auranzeb. This was firstly brought by the British in the main stream.
India which was united by the British was first broken by the Congress leaders into two parts – India & Pakistan. Again some people tried to make a separate country of Sikhs, Khalistan but the separatist forces could not get success in their nefarious object. Some people are trying to make a separate country of Kashmir. The situation of north east region has been volatile due to fissiparous tendencies. The politics of Raj Thakre patronized by congress government to counter its adversary Shiva sena is another example of separatist politics. Thakre is doing politics of hatred and posing threat for the unity and integrity of the nation but he is getting the support of the congress government at the centre and the state.
What these corrupt, communal and crafty leaders want? Whether India should be balkanized into so many parts as existed before the British. There were hundreds sovereign countries in India during eighteen century. Even at the time of independence there were more than five hundred princely states. Thanks to the British, They gave us a broad India but our political leaders are trying to again balkanized it.
No strong nation would allow separatist movement. Russia ruthlessly crushed separatist movement in Chechnya, China crushed mercilessly Tibetan independence. But our leaders are fostering the separatist leader like Raj Thakre. Whether the activities of Raj Thakre do not amount to sedition and contempt for the constitution which gave the right to any citizen to settle in any part of the nation? Why our President, Prime minister, leader of Congress party Sonia Gandhi and leader of B.J.P. L.K. Advani are keeping mum? Their silence on the separatist activities in the country is giving a wrong message.
The country is above everything. Man will come and go but this great nation will survive. Kanyakumari to Kashmir and Arunachal to Somnath( Gujrat) is one. If any politician tries to break the unity of the country for his evil object he should be dealt with iron hand. No laxity should be given to traitors of the country.
------ Radha Krishna Kumar