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Letter to Editor - Jaitley on Law Day
New Delhi: November 27, 2003

It refers to ornamental speech of Union Law Minister Arun Jaitley on occasion of Law Day in New Delhi where while praising judiciary for its ‘impartiality’, he mentioned that general people reached upto Supreme Court because they had full faith in Indian judiciary! But ours is a fancy system dominated by costly lawyers where people have no other option than to approach present system which is not as trustworthy as is often certified by politicians. Its creditability can and must be improved only by making judiciary unaccountable by snatching undesired immunity of British legacy from judges of higher courts.

National Judicial Commission (NJC) should be constituted with Chief Justice of India as its chairperson. Retired judges of Supreme Court may be nominated by President, Prime Minister and Opposition Leader as its other members to have refined say of legislature in NJC. Chief Vigilance Commissioner may be ex-officio member. NJC may clear all postings equivalent to High Court judges and above. NJC may be empowered to probe and punish judges of higher courts abolishing present cumbersome yet ineffective procedure of ‘impeachment’ of judges by the Parliament. To eliminate usual influence of local relations and former bar colleagues, all judges of High Courts must be compulsorily appointed from outside their home states. National Human Rights Commission (NHRC) should be empowered to protect human rights of judicial victims created by misconduct of some judges of higher courts!

Letter by SC Agarwal
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