I completely disapprove and contempt the physical attacks on the judges. These incidents validate my stand that entering the streets, nay Andolan, as a means for judicial reforms is wholly ill-conceived and counter-productive. Many of my friends disapproved of my stand, saying that through peaceful and constitutional means nothing can be achieved. True, nothing can be achieved overnight.
The solution to difficult problems ought to be simple. And it is simple when the means we adopt is ethical and legal, in other words constitutional.
The simple solutions are:
1.Abolition of Contempt of Court by scandalisation. Allow the judges to be criticised openly.
2.Abolition of collegium and senior designation. (This is the solution for sycophancy and servitude, nay bootlicking.)
3.Video Recording of Court Proceedings, livestreaming and preservation of such records and access to such records to the litigants and lawyers.
4.Abolition of the discretionary jurisdiction under Articles 226 and 32 which has reduced our justice delivery system into ‘face law’, nay face value, a euphemism for nepotism, favouritism and corruption.
5.Abolish the concept of precedent which today means a scenario of law to be found not in laws enacted by the Parliament but in millions and millions of pages of judgements of absurdity and nonsense which makes intellectual dishonesty extremely profitable and accountability absolutely impossible.
6.Restore the pristine glory of civil courts as courts of record of plenary jurisdiction empowered and competent to embark upon any controversy of a civil nature including vires of statutes and statutory instruments, which was the scenario prior to the coming into force of the Constitution of India.
6.Abolish PIL, which entails calling upon the judiciary to substitute the legislature, executive and adjudicator all at once, and deciding matters concerning the public at large behind their backs. Promote pro bono litigation involving a person aggrieved whose fundamental or legal rights are infringed and who is entitled to maintain a petition for the enforcement of his rights.
7.If at all PIL is to be permitted, allow it to be conducted only as a representative proceeding as provided in the CPC, with suitable modifications.
Kindly access the NLC Website for the rest of the agenda of judicial reforms of NLC.