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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