AIBA urges PM to roll out legal reforms
8 Jan 2015 12:56 AM GMT
The association also urged for proportionate representation – on basis of population — of all States in the Supreme Court as it has been observed that currently there are three judges from Maharashtra (population: 110 million) and only two from Uttar Pradesh (population: 200 million), one judge each from Bihar (population: 100 million),
West Bengal (population: 90 million), Gujarat (population: 60 million), North East States (population: 45 million) and no judges from Rajasthan (population: 68 million), Chhatisgarh (population: 25 million) and Himachal Pradesh (population: 6 million).
Dr Adish C Agarwala, chairman of the AIBA urged in the letter that was also addressed to Chief Justice of India HL Dattu and Union Minister for Law and Justice DV Sadananda Gowda that “No retired judge should be appointed in any tribunal or commission except for sitting judges for whom the sanctioned posts should be increased suitably along with age of retirement from 65 years to 68 years in case of judges of the Supreme Court, from 62 years to 65 years for High Court judges, and to 62 years for District Court judges.”
He further stated, “Promotion of judges from District Courts to High courts, and from High Courts to Supreme Court should be done on seniority basis, though any judge found unfit for promotion to higher court should be removed from his position.”
The letter also said “There should be four benches of the Supreme Court across India i.e., in East, West, North-East and South as it will help in implementing the policy of the government to provide justice at the doorstep of the litigant. Judges of the Supreme Court whose relatives are practicing in the Supreme Court may be posted at a bench where the relative is not practicing.”
West Bengal (population: 90 million), Gujarat (population: 60 million), North East States (population: 45 million) and no judges from Rajasthan (population: 68 million), Chhatisgarh (population: 25 million) and Himachal Pradesh (population: 6 million).
Dr Adish C Agarwala, chairman of the AIBA urged in the letter that was also addressed to Chief Justice of India HL Dattu and Union Minister for Law and Justice DV Sadananda Gowda that “No retired judge should be appointed in any tribunal or commission except for sitting judges for whom the sanctioned posts should be increased suitably along with age of retirement from 65 years to 68 years in case of judges of the Supreme Court, from 62 years to 65 years for High Court judges, and to 62 years for District Court judges.”
He further stated, “Promotion of judges from District Courts to High courts, and from High Courts to Supreme Court should be done on seniority basis, though any judge found unfit for promotion to higher court should be removed from his position.”
The letter also said “There should be four benches of the Supreme Court across India i.e., in East, West, North-East and South as it will help in implementing the policy of the government to provide justice at the doorstep of the litigant. Judges of the Supreme Court whose relatives are practicing in the Supreme Court may be posted at a bench where the relative is not practicing.”
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