GS IAS Logo

< Previous | Contents | Next >

8. On Judiciary

1. A National Judicial Commission under the Constitution should be established to recommend the appointment of judges of the Supreme Court. It should comprise the chief justice of India (as chairman), two senior most Judges of the Supreme Court, the Union law minister and one person nominated by the president.

2. A committee of the National Judicial Commission should examine complaints of deviant behaviour of the Supreme Court and high court judges.

3. The retirement age of the judges of high courts and Supreme Court should be increased to 65 and 68 respectively.

4. No court other than the Supreme Court and the High Courts should have the power to punish for contempt of itself.

5. Except the Supreme Court and the High Courts, no other court should have the power to declare the Acts of Parliament and State Legislatures as being unconstitutional or beyond legislative competence and so ultra-vires.

6. A National Judicial Council and Judicial Councils in States should be set up for the preparation of plans and annual budget proposals.

7. In the Supreme Court and the High Courts, judgements should ordinarily be delivered within 90 days from the conclusion of the case.

8. An award of exemplary costs should be given in appropriate cases of abuse of process of law.

9. Each High Court should prepare a strategic plan for time- bound clearance of arrears in courts within its jurisdiction. No case to remain pending for more than one year.

10. The system of plea-bargaining should be introduced as part of the process of decriminalization.

11. The hierarchy of the subordinate courts in the country should be brought down to a two-tier of subordinate judiciary under the High Court.