DMK MP P Wilson Proposes Sweeping Judicial Reforms in Private Member Bill
In a significant move aimed at overhauling India's judicial system, DMK Rajya Sabha MP P Wilson has introduced a private member Bill proposing a series of constitutional amendments. The Bill focuses on enhancing diversity, transparency, and accessibility in the higher judiciary, with key features including the establishment of regional benches of the Supreme Court and increased representation for marginalized communities.
Key Proposals for Judicial Appointments and Diversity
The Bill seeks to amend Articles 124, 217, and 224 of the Constitution to mandate proportional representation for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), religious minorities, and women in judicial appointments. This would be based on population data from a caste census, ensuring that the judiciary reflects the country's social fabric. Additionally, it proposes raising the retirement age of high court judges from 62 to 65 years, aiming to retain experienced jurists.
To bring greater transparency, the Bill calls for the Union government to frame a Memorandum of Procedure (MoP) in consultation with the Chief Justice of India (CJI), outlining clear appointment procedures. It also emphasizes the need for state governments to be consulted during the appointment of judges to high courts and the Supreme Court. Furthermore, the centre would be required to act on collegium recommendations within 60 days, or within 30 days if reiterated, to expedite the process.
Establishment of Regional Supreme Court Benches
One of the standout proposals is the creation of permanent regional benches of the Supreme Court in Chennai, New Delhi, Mumbai, and Kolkata. This move aims to improve access to justice for citizens across the country, reducing the burden on the main court in Delhi and making the apex court more approachable for people in different regions.
Constitutional Status for Collegium and Census Powers
The Bill advocates for granting constitutional status to the collegium system, which is responsible for selecting and transferring judges, to strengthen its authority and independence. In a related reform, it proposes changes to the census powers under the seventh schedule of the Constitution. Specifically, it seeks to shift the census from the Union list to the concurrent list, allowing both the Union and state governments to conduct census exercises, thereby decentralizing this critical function.
Amendments to Anti-Discrimination Provisions
Another important aspect of the Bill is the amendment to Article 15 of the Constitution, which prohibits discrimination. The proposal would enable state governments to make special provisions for socially and educationally backward classes, SCs, and STs, in proportion to their population as determined by a caste census. This aims to address historical inequalities and promote inclusive development.
Overall, P Wilson's private member Bill represents a comprehensive effort to reform India's judicial landscape, focusing on diversity, transparency, and regional accessibility. If enacted, these changes could have far-reaching implications for the justice system and social equity in the country.
