Monday, September 6, 2021

REFORMS NEEDED IN HIGHER JUDICIARY

 

REFORMS NEEDED IN HIGHER JUDICIARY



 

ESTABLISHMENT OF REGIONAL BENCHES OF SUPREME COURT:

                                   At Present situation there is necessity for Establishment of the Regional Benches of the Supreme Court in our country.  The Regional Bench should be establish in the Delhi, Chennai, Mumbai and Kolkata. For the speedy Disposal of the cases can be easily sustained if the Regional bench of the Supreme Court is implemented in our country.  Due to economic or any other factor the Fundamental Duties should not be curtailed by any Citizen in our Nation.  The standing committee of the Parliament has been recommended the Setting up of Regional Benches of the Supreme Court in 2004, 2005, 2006 and 2008. The 107th report of the Parliamentary Standing committee on Personnel, Public Grievances, Law and Justice which was  tabled before the both houses on 16.03.2021. They have also recommended for the establishment of the regional Benches of the Supreme Court. Also, 229th Law Commission report submitted to Union Government setting of the Regional Benches of the Supreme Court in our Country. Senior Advocate and Rajya Sabha MP Mr. P Wilson brought as Private member Bill to Amend the Article 130 of the Constitution of India. So, Union Government should take this Action as Serious manner to reduce the Pendency of the cases in Higher Judiciary.

 

INCRESAING THE RETIREMNET AGE OF HIGH COURT JUDGES FROM 62 TO 65:

At Recent statistics, there are 58,669 cases pending before the Supreme Court and about 45 lakh cases pending before the High courts. We known that “Justice Delayed is Justice Denied” . According to Commencement of Constitution of India  Article 217(1) fixed the age of High Court Judges as 60. After 13 years in 1963 ( Fifteenth Amendment) Act the Age of Retirement of the High court Judges extended to 62 years. The 107th Report of the Parliamentary standing Committee on Personnel, Public Grievances, Law and Justice which was tabled before the Houses on 16.03.2021 has also suggested the recommendation of the High Court Judges from 62 to 65 years. Many Legal Enthusiast expecting, in the Next Parliamentary session increase the retirement age of the High Court Judges from 62 to 65 Years.

 

MAINTAINING SOCIAL DIVERSITY AND REPRESENTATION OF ALL STATES ON THE BENCH OF THE SUPREME COURT OF INDIA AND ALL HIGH COURTS:

               Judicial Diversity is the Fundamental to the quality of judging. Women are not giving the proper representation in Higher Judiciary. Total Capacity of the Supreme Court Judges is 34. But, the Present circumstances only 4 Supreme Court Women Judges are there. In our State of Tamil Nadu for example while comparing other states the Women High Court Judges are more. But, Reservation for Judges in Higher Judiciary should be followed. Diversity in the Judiciary can be followed and achieved through the Knowledge in Law, Personality, Wisdom, Integrity etc. And, Representation of the Bench of the Supreme Court, The High Courts of the many states are not getting proper chances. Equality principle should be followed in the Higher Judiciary from all of the State of the High Courts for Elevation of the Supreme Court.

 

 

 

 




No comments:

Post a Comment