Bootstrapping ---- Election/replacement of Supreme Court Judges
Bootstrapping
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Proposed administrative procedure CT.10
Election/replacement of Supreme Court Judges


    Contents
  1. Background
  2. Existing procedure to appoint/expel district Supreme Court judges
  3. Problem : Autocracy of Supreme Court judges
  4. CT.10: Procedure to improve Solution to Supreme Court judges' autocracy
  5. Draft of the act to create procedure CT.10

Background

The purpose is to bring India's administration/courts at par with West. How? By improving record keeping in GoI-offices and reducing nexuses in GoI-offices and courts. How? We would need several laws to achieve that.

CT.10 is one of these proposed laws. (to see the list of some of the laws, please click here). The proposed law CT.10 creates a LESS nexusprone mechanism to elect/expel Supreme Court Judges.


Existing procedures to appoint/expel Supreme Court judges

The existing Supreme Court judges appoint the new coming Supreme Court judges. The PM has NO say on this matter. The Supreme Court judges cannot transfer or expel other Supreme Court judges. Only Loksabha MPs, with 2/3rd majority can expel a Supreme Court judge. This procedure, known as Impeachment, is so cumbersome that it is practically impossible for common citizens to expel a Supreme Court judge, no matter how much they despise him.


The Problem : Autocracy of Supreme Court judges

The Supreme Courts judges have powers to cancel any decision taken by any State/Central Minister/officer, including PM. The Supreme Court judges also have powers to suspend any govt officer, and order an inquiry against.

Their position become further strong due to the fact that a Supreme Court judge can be ONLY expelled only if over 2/3rd of MPs agree. And the MPs have way too many tasks in their hands and find no time to investigate a Supreme Court judge in detail and decide his fate. And even when MPs find some time, they have no reason to take citizens' wish, will and benefit into account. And MPs have sufficient reason to fear SCjs, and so most would NOT dare to even think of expelling SCjs. So for all practical purposes, SCjs are COMPLETELY immune from citizens will, wish and wrath. This makes SCjs as autocratic as they can be.

Solution?


Solution? CT.10 : Procedure for citizens to elect/expel SCJs

  1. The Supreme Court should have 1 Chief Judge and several Associate Judges. The Parliament will decide the number of Judges the Supreme Court, and will decide the funding.

  2. The Chief Judge of the Supreme Court will be elected by citizen-voters of India, and the Associate Judges will be appointed in the Supreme Court should be elected by the citizen-voters of India, and the citizens will have a procedure to expel/replace them as well.

  3. The Chief Judge will be elected for a term of 4 years. A person can be Chief Judge for a period of at most 8 years.

  4. The Associate Judges will be appointed by the Chief Judge for a term of 4 years. A person can serve as Associate Judge in the Supreme Court for at most 8 years.

  5. The citizens can replace Chief Judge using RLPP. The brief summary is as foillows
    1. Any person can register himself as candidate for the Chief Judge of the Supreme Court Judge. He will have to pay a monthly fee of Rs 10,000/-, which will be waived if over 10% of the citizens-voters have approved him.

    2. Any citizen can approve upto 5 candidates for the poistion of Chief Judge. If any candidate obtains approval of over 55% of ALL registered citizen voters, he will become the new Chief Judge

    3. (for details of this procedure please click here.

  6. The citizens can replace Associate Judges using RLPP. The brief summary is as foillows
    1. Any person can register himself as candidate for the Associate Judge of the Supreme Court Judge. He will have to pay a monthly fee of Rs 10,000/-, which will be waived if over 10% of the citizens-voters have approved him.

    2. A citizen can approve twice the number of candidates than there are seats. eg if the Supreme Court has seats for 10 Associate Judges, a citizen can approve upto 20 candidates for Associate Judges.

    3. If a candidate obtains Approval of over 55% of ALL registered citizen-voters, he will become the new Associate Judge, and the Associate Judge with lowest number of Approvals, or the junior most Associate Judge will be expelled.

    4. If all the Associate Judges have approval of above 55%, then the candidate must have 2% more approvals than sitting judge with lowets approvals. If that happens, the sitting Judge with lowest approval count will be expelled, and the candidate with highest approval-count will become the new Associate Judge.

  7. In addition, aAny citizen can walk to Talati's office, and register a DIS-APPROVAL against a sitting Associate Judge. If over 50% citizen-voters of India register a disapproval, the Judge will be expelled.
The above procedure will ensure that the Supreme Court Judges are accountable to the citizens.

In addition, the SCjs should have NO administrative control over lower court judges. The SCjs should have juridiction ONLY over the verdicts of LCjs. The LCjs should be functionally independent. I have proposed procedure CT.10, which fulfils this requirement. As per CT.10, the lower court judges are DIRECTLY elected by citizens, and only the citizens have powers to expel him. This makes lower court judges independent of SCjs, and this also enables SCjs to spend more time on legal aspects.


Draft of the act to create procedure CT.10

To enact CT.10, the citizens would need to pass an act in the Parliament. I have written that draft. To look at the draft, please click here.

It will be wiser for citizens to first enact procedure LM.03, and then use LM.03 to pass this act. To know about procedure LM.03, please click here.


If you have any other question, please mail it to MehtaRahulC@yahoo.com. Thousand thanks in advance.



Procedures to improve prosecution and regulation in India