Dateline New Delhi, Saturday, Mar 11, 2006


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PM calls for judicial reform

     New Delhi: Prime Minister Dr. Manmohan Singh today called for bringing about judicial reforms keeping in mind the changing societal demands. In his inaugural speech in the Conference of Chief Ministers and Chief Justices of High Courts, here today, Dr. Singh said: "Like all institutions of governance, the judiciary too requires a periodic dose of institutional reform to keep pace with the societal demands. Our Government has accorded high priority to judicial reform". Emphasising the crucial role of judiciary Dr. Singh said: "We must, therefore, have an effective mechanism to ensure judicial accountability while at the same time maintaining the independence of the judiciary", and added that the "the judiciary must remain in step with changing times even as it remains committed to its basic values and purposes".

    Stressing the need for tackling corruption in the judiciary, Prime Minister stressed that "an important aspect of the reform and modernization of the judiciary and improving the incentive mechanism, is to tackle corruption in the judiciary". Noting that "instances of corruption have now begun to surface in the judicial system" Dr. Singh said: "the higher judiciary must address this challenge and show the way forward to the rest of the system. And in this context, what has been stated by Honourable Chief Justice of zero tolerance for corruption is something I greatly welcome". Prime Minister also outlined the suggestions for having an All India Judicial Service that would provide a mode of self-scrutiny of the conduct of judges, and at the same time ensuring independence of judiciary. Significantly, as reported in some section of media, the new Judicial Inquiry Bill to be put forward by the UPA government also lays considerable emphasis on making Supreme Court and High Court judges accountable for their actions. According to reports the Bill gives the National Judicial Council sweeping power to investigate and act against judges and enforce a code of conduct for judges.

    Dr.Singh also asked the judiciary to restrain from using judicial activism through Public Interest Litigations (PILs) and said: "I feel that judicial activism too must be used in a restrained manner to fill up any institutional vacuum or failure and to clarify legal positions, retaining its character as a powerful but sparingly used instrument for correction. Judicial activism must also take adequately into account the administrative viability of the reform process". Calling himself as a lay-man who could only look at the problem from the outside, Dr.Singh, without making any direct reference to the recent events of hostile witnesses in Jessica Lal murder case and best Bakery verdict here today said: "The manner in which some cases are being prosecuted, particularly where cases fall because witnesses turn hostile or change their evidence, these are causing concern to ever increasing sections of our society". Prime Minister said that accelerated justice is an essential component of an effective judicial system as speedy delivery of justice reduces the cost to a litigant, thereby making it affordable. 'Speedy justice' he said, "can renew our people's faith in the administration of justice and in the `rule of law as these constitute the bedrock of our democracy". For enabling speedy delivery of justice and reducing the already 'overloaded' judicial system, Prime Minister enumerated three pronged steps that needs to be implemented in coming time. "These include computerization of courts at all levels, setting up of Fast Track Courts and reducing vacancies of judges", Dr. Singh said. Elaborating these three points, Dr. Singh spoke about engaging Ministry of Law and Justice to bring Gram Nyayalayas Bill that would make the Gram Nyayalayas the lowest court of subordinate judiciary and would provide easy access to justice through litigant - friendly procedures, use of local language and mobile courts. According to Dr. Singh such "Gram Nyayalayas would genuinely make justice accessible and affordable at the grassroots".

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