Legislature to have a say in appointing judges, law minister says

Written By Unknown on Sabtu, 09 Maret 2013 | 22.23

MUMBAI: Union minister for law & justice Ashwani Kumar says his ministry has prepared a draft bill for setting up the National Judicial Appointments Commission that will have legislative representation apart from the judiciary.

Kumar said "political consensus has been achieved" over the need to "broad-base" the process of appointment of judges to the Supreme Court and the high courts. At present judges are appointed by a five judges Supreme Court Collegium. Speaking in Mumbai, the minister said, "The present process has not proved to be adequate and there is a need to re-visit the issue. Wide-ranging consultations have been held with political leaders as well as legal experts.

Former chief justices J S Verma and M N Venkatachaliah also back the setting up of an independent body to appoint judges to the higher judiciary," he said. Ashwani Kumar admitted that the large number of vacancies has hampered the timely disposal of cases.

At presently there are over 3 crore cases pending in lawcourts across the country. And for providing cost-effective justice he said 182 Gram Nyayalayas are being set up at the intermediate panchayat level. Out of these, 172 are already operational. Over 14,000 subordinate courts are being computerized to speed work. Issues like marital rape and reducing the age of consensual sex from 18 to 16 came up as well.

"There are divergent views, all having considerable weight and therefore they need to be thoroughly debated. The government has an open mind provided there is political consensus," he said, alluding to the fact that the topic is a political hot potato.


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