The Hindu : National : Bhardwaj rejects suggestion to include non-judicial members in council

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Monday, Nov 27, 2006
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Bhardwaj rejects suggestion to include non-judicial members in council

Legal Correspondent

Asks subordinate judiciary to ensure speedy disposal of cases

— Photo: Anu Pushkarna

FINE-TUNING JUDICIARY: Union Law Minister H.R. Bhardwaj (right) and Chief Justice of India Justice Y. K. Sabharwal at the Law Day Celebrations in the Supreme Court on Sunday.

New Delhi: Union Law Minister H.R. Bhardwaj on Sunday declined to accept a suggestion to include non-judicial members in the proposed national judicial council to enquire into misconduct and corruption charges against judges.

Speaking at the Law Day celebrations at the Supreme Court, Mr. Bhardwaj also declined a plea to enlarge the jurisdiction of the council by vesting it with the power to appoint judges to the higher judiciary.

"There is no question of either involving the legislature or other laymen in the council," he said in reply to the suggestion made earlier by president of the Supreme Court Bar Association (SCBA) M.N. Krishnamani that the Vice President and Leader of the Opposition join the council.

Mr. Bhardwaj said, "the Vice President is the Chairman of the Rajya Sabha and he represents the legislature. When you talk of separation of powers between the different wings of the Government, how can the legislature be involved in the council or any layman be made part of it. If it happens, it would be a sad day for the most important institution of the country."

Pointing out that the system of appointment of judges by the judiciary was functioning smoothly after the Supreme Court judgment, he said: "appointments of judges can be made only by the peers (judges) in mutual consultation. May be the Bar can be consulted."

Arrears of cases

Chief Justice of India Y. K. Sabharwal said the huge arrears of cases was a cause for concern, but pointed out that the number of pending cases in the country had come down to 2.53 crores from 2.56 crores. Evening courts had started functioning in two districts of Gujarat. He wanted this a trend to engulf the entire country.

The Chief Justice also explained the steps taken in the last one year to improve the functioning of the judiciary, particularly to reach the remote and far-flung areas of the country to give relief to the common man. He asked the subordinate judiciary and the Bar to ensure speedy disposal of petty cases.

Justice K.G. Balakrishnan said various steps taken in the last one year such as computerisation and simplification of procedures had resulted in speedy disposal of cases.

Mr. Krishnamani cited the observations of a former Chief Justice that 20 per cent of judges were corrupt and said it was not fair that the national judicial council, comprising only judges, be entrusted with the task of dealing with misconduct and corruption against judges. He wanted an enlarged council comprising non-judicial members to ensure transparency.

Minister of State for Law K. Venkatapathy and Attorney General Milon K. Banerjee also spoke.

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