SHARETIPSINFO >> Articles Directory >>What are the judicial reforms that have gotten in favor of the year 2012?
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Well, the first thought of the word judicial reform indeed brings to us the memory and the haunt of the struggle and the sweat to push in with the Lokpal bill. However, with various views that have despised and supported with Lokpal, there are quite a few or rather should say many reforms that have been focused during the year 2012, especially in terms of judicial management, accountability and also the plans of keeping up to the present mode of appointing judges for the various systems that are in vogue.
The bill for judicial standards
Despite the various ambitious efforts laid in by the Lok Sabha during the month of March 2012 to set up judicial standards, it is apparent that there were two different sessions in the Parliament, which have brought forth that the bill could not be presented with the Rajya Sabha. Aside the concept of standardizing a set of judicial system in the country, the government has also reinstated the enforcement of a new mode of electing the senior judges of the country by means of a separate panel of judges.
The change in the law ministry
The year also witnessed a radical change in the arena of law, where the law minister, Mr. Ashwani Kumar was sworn into the ministry, succeeding Mr. Salman Kurshid. Mr. Kurshid was taken in as the minister for external affairs and it is noteworthy that the law ministers have changed thrice within the UPA government. Prior to Mr. Kurshid, it was Mr Veerappa Moily who was the law minister and he is now the minister of Petroleum Affairs.
The passage of the new bill
The new bill of Judiciary Standards and Accountability was passed in the parliament, Lok Sabha, at the time of the budget session, especially over the discussion of the Telangana issue. Despite the various measures to get the bill implemented, the bill faced a very stiff competition from the opposition, the jurists, and the higher officials of the judiciary. With that done, the government had to relook at one of the clauses in the bill that brought out various comments from the opposition, which actually stated that judges cannot make verbal comments pertaining to any constitutional clause in any open court. However, irrespective of the stiff fight, the government kept the clause intact.
A meeting in the cabinet union, chaired by the prime minister of India, had the bill approved during the month of December, with some minor amendments to the bill. Despite the controversial aspect of the bill, it was approved saying that it stood in favor of Article 14, which stated the concept of equality of all, in front of the law.
The minor amendment had that; the judges cannot make any sort of unwarranted comments against the constitution or against any other individual of judicial prominence.
Who are benefitted?
By such means, the common public is given the freedom to complain against judges who are corrupt; however, a few stated that it could lead to the misuse of the bill as well. Nevertheless, with more amendments to it, the bill is set to come up during the next budget session, next year.
In the present mode of appointing the judges, Mr. Kumar stated that the executive committee had no say in appointing the judges of the Supreme court and the high courts, and that the decision of the panel was binding and final. Prior to this, there was another attempt during the year 2003 that was brought into place, however, it did not succeed. It was later that the government had to introduce the constitution amendment bill, however, the bill was also dissolved in front of a Standing committee.
In one of the vision statements issued by the law minister during the year 2009, it was stated that the main purpose of this system was to eliminate the discrepancies in appointing judges and to enhance the pace at which it was done. The main focus was to get the executive and the legislature to get involved such that they could start hunting for the best of the talents possible.
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