Saturday, March 18, 2023

We need an accountable Judiciary

 National Tragedies at the moment:

New Zealand: Earthquake
Peru: Floods
Turkey: Floods
Pakistan: Solvency
India: Lord Moonpower

The CJI of India has changed the format of the selection of the Chief Election Commissioner.
However, he has remained tightlipped about changing the Collegium system of the selection of judges.

The CJI has also insisted on a long winter break and a break for Holi even though the number of cases in Indian courts, including his own Supreme Court, is inexcusably high.

The duration of each case is interminable. The judges have literally ZERO obligation to the society they are meant to serve. They work on no metrics of public service. No judge is ever appraised on:
A. Whether the case went to appeal. - Every case that goes to appeal is basically a judge's failure to explain how their judgement is fair. The onus of explaining the fairness of their judgement is on the judge.
B. The average time taken to rule on a cases in their court.
C. Number of cases closed in a year.

The Executive and the Legislature have a national feedback mechanism every 5 years. But the judiciary enjoys the unacceptable privilege of ZERO feedback from those they are meant to serve - their fellow countrymen, and the litigants who come to them seeking justice.

The textbook definition of democracy is - A government OF the people, BY the people, FOR the people.
Judiciary is one of the three pillars of governance.
How can one pillar of governance remain so unaccountable to the people?

We, The People, need an accountable judiciary. We want judges to report on how many cases they closed, what was the appeal rate, how long they took on each case.
We want the selection process to the judiciary to be through a national competitive assessment center so that every judge in every District Court of the state has an equal chance to become a High Court Judge, and every High Court Judge has an equal chance to become a SC judge, and the senior most SC judge (by tenure as Supreme Court judge) becomes the CJI. No Collegium, No recommendation.

We also want the simplification of the impeachment process for judges.
The judiciary needs to have an annual review just like all other wings of the government.
If a judge repeatedly gives judgements that favour a specific cause, community, region, then such a judge is clearly ineligible to hold the seat of justice.


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