The Hindu : New Delhi News : `Make judiciary accountable'

Online edition of India's National Newspaper
Wednesday, Oct 20, 2004

New Delhi

New Delhi

`Make judiciary accountable'

By Our Staff Reporter

NEW DELHI, OCT. 19. The Bar Council of Delhi (BCD) has suggested a number of measures to reform the functioning of the higher judiciary as well as to make it more accountable to the people.

In a memorandum to the President, A.P.J. Abdul Kalam, and the Chief Justice of the Supreme Court, R.C. Lahoti, the Council has recommended amendments to Article 124 (4) and 217 (1) (b) of the Constitution to delete the provision for removal of the High Courts and the Supreme Court judges through impeachment.

The memorandum calls for setting a vigilance and disciplinary body directly under the President to investigate and deal with complaints against the incumbents of the higher judiciary.

To obviate lobbying for elevation to the Supreme Court among the High Court judges, the memorandum suggests fixing a uniform age of retirement for the judges of the High Courts and the Apex Court.

Further, it suggests that retired judges of the High Courts and the Supreme Court should not be appointed chairmen of commissions or tribunals or committees for allotment of petrol pumps.

Among the other suggestions are increase in the strength of the judges of the High Courts and the Supreme Court; filling the vacancies simultaneously with retirements; transfer of miscellaneous work to the Registrar; giving complete autonomy to the judiciary; amendment to the Court of Contempt Act to make truth a defence and writing a code of conduct governing the legal practice by the sons and daughters of the judges of the High Courts and the Supreme Court in the courts in which the latter preside over.

The Council made these suggestions on the basis of interim recommendations of a "Committee on Judicial Reforms and Foreign Lawyers'' appointed by it.

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