DMK MP Proposes Sweeping Judicial Reforms to Enhance Diversity and Accessibility
In a significant move aimed at transforming India's judicial landscape, DMK Rajya Sabha member P Wilson has introduced a private member Bill proposing comprehensive amendments to the Constitution. The Bill focuses on key areas such as diversity in judicial appointments, the establishment of regional benches for the Supreme Court, and an increase in the retirement age for high court judges.
Core Features of the Proposed Bill
The Bill outlines several salient features designed to bring greater transparency and inclusivity to the higher judiciary. One of the primary objectives is to ensure representation for candidates from Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in proportion to their population. This move seeks to address historical underrepresentation and promote social justice within the judicial system.
Regional Benches and Age Increase
To improve accessibility and reduce the burden on the Supreme Court in New Delhi, the Bill calls for the establishment of permanent regional benches in Chennai, New Delhi, Mumbai, and Kolkata. This initiative aims to make justice more accessible to citizens across different regions of the country. Additionally, the Bill proposes raising the retirement age of high court judges from 62 to 65 years, potentially extending the tenure of experienced jurists and addressing issues related to judicial vacancies.
Constitutional Amendments and Transparency Measures
Wilson's Bill includes amendments to Article 15 of the Constitution to allow state governments to make special provisions for socially and educationally backward classes, SCs, and STs based on population data from a caste census. In matters of judicial appointments, amendments to Articles 124, 217, and 224 are proposed to mandate representation for SCs, STs, OBCs, religious minorities, and women proportional to their population. The Bill also emphasizes the need for the Union government to frame a Memorandum of Procedure (MoP) in consultation with the Chief Justice of India (CJI) to outline clear appointment procedures.
Consultation and Timely Actions
The Bill stresses the importance of consulting state governments during the appointment of judges to high courts and the Supreme Court. It mandates that the Centre must act on collegium recommendations within 60 days, and within 30 days if reiterated, to expedite the appointment process and reduce delays in filling judicial positions.
Census Powers and Broader Implications
Another key aspect of the Bill involves changes to census powers under the seventh schedule of the Constitution. It seeks to modify legislative powers by removing the census from the Union list and adding it to the concurrent list, allowing both the Union and state governments to conduct census exercises. This change could empower states to gather more localized data for policy-making and resource allocation.
Overall, P Wilson's private member Bill represents a bold attempt to reform India's judiciary by promoting diversity, enhancing transparency, and improving the efficiency of judicial appointments and operations. If enacted, these amendments could have far-reaching implications for the accessibility and inclusivity of the judicial system in the country.
