Abolition of Senior Designation: Open letter to the Prime Minister and other constitutional functionaries.

NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL

TRANSPARENCY AND REFORMS

101, Gundecha Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, Maharashtra 400001

Mob: +91 98205 35428/9447165650

E-mail: mathewsjnedumpara@gmail.com nationallawyerscampaign@gmail.com

31.10.2023

To,

1. Hon’ble Shri Narendra Modi,

Prime Minister of India

2. Hon’ble Shri Arjun Ram Meghwal,

Law Minister

3. Hon’ble Shri Mallikarjun Kharge,

President of the Indian National Congress

(Also, to the leaders of the various political parties, Chief Ministers, Members of Parliament, members of the legal fraternity, press and the public at large)

May it please your Excellencies,

Sub: Repeal of Section 16 and 23(5) of the Advocates Act, 1961

Ref: Judgement of the Supreme Court in Mathews J. Nedumpara and ors. v. Union of India and ors.

1. I, along with a few concerned citizens and lawyers, met many of the leaders of the various political parties, members of parliament, Chief Ministers and the erstwhile Law Ministers, requesting them to take urgent legislative and executive steps to help our justice delivery system function far better than it functions today, make it more accessible to the common man and to this end, bring an end to many a discriminatory and unjust practice which offer no difficulty in being eradicated. Though we had no role to play, the Modi Government amended the Constitution to bring in an independent judicial appointments commission, namely, the NJAC. The same was aborted by a judicial coup aided by the elite class of lawyers. Since we believe that the democratic practice is the only meaningful solution to end to the many unjust and discriminatory practices, including corruption, we approached the Members of Parliament and political leaders once again, primarily seeking review of the NJAC judgement, repeal of Section 16 and 23 (5) of the Advocates Act which has resulted in apartheid and casteism in the legal profession, implementation of the transfer policy, a credible mechanism to ensure judicial accountability without impinging judicial independence in the least. I am afraid to say that out efforts were largely a cry in the wilderness. Both, the ruling and the opposition parties, though entirely empathised with our cause, did little to nothing.

2. Faced with this unenviable scenario we were forced to invoke constitutional means. By instituting petitions under Articles 137 and 32, we tried to persuade the Supreme Court to revisit the judgment in the Judges-2, Judges-3 and the NJAC case, all in vain. W.P no. 1005 of 2022 instituted by me along with a few lawyers and informed citizens, seeking abolition of the collegium and the restoration of the NJAC, is still pending. The system in vogue where the judges appoint themselves and designate lawyers as senior advocates has not merely led to the cartelisation and monopoly in the legal profession, but also subjugation of the bar. The scenario is frightening. A lawyer has no professional future unless he either becomes a judge or senior counsel, both of which are at the mercy of the judges. This has cut the independence of the bar, which was once considered to be the forth estate, at its very root. I can say this with conviction because there are hundreds of lawyers, who call me privately and assure their solidarity with me, but are unwillingly to stand with me in the open for they fear that they will be victimised.

3. The first generation lawyers, who constitute 90 percent of the bar, hardly have any representation in the High Courts and Supreme Court as judges, Senior Advocates, Senior law offices. Even those who have risen from humble backgrounds were able to do so because they were lucky enough to be associated with Senior Lawyers/had political godfathers. No official data is available, but the data we have managed to collect establish it beyond doubt. It is common knowledge, an undeniable fact, as clear as daylight and as undeniable as the sun and the moon. Many reforms, legislative and administrative are imperative, and none can wait. They have to be set in motion in no loss of time. But the abolition of the senior designation system and the Collegium system are the most imperative and of utmost urgency. The Parliament and the executive, certainly can undo these most malaises without any difficulty at all, by appropriate legislative and executive action.

 

4. I, along with the members of the NLC, in all humility, call upon the Hon’ble Prime Minister, Law Minister, Leaders of the various political parties, members of parliament, to consider judicial reforms as the most urgent need of the hour and bring in appropriate executive and legislative action keeping aside political differences. The NJAC, the will of the people was thwarted. I am sure that my appeal, which is nothing but an echo of the voice of the people, will not remain to be cry in the wilderness any longer, and will be acted upon.

With respectful regards,

Yours Sincerely,

(MATHEWS J. NEDUMPARA)

PS. Shall be grateful if Your Excellencies will be gracious enough to afford an audience to a small group of the office bearers of the NLC and other activists.