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The    Fifth    MRCM    demand , promise    - Procedure    to    replace    Supreme    Court    Chief    judge


       Contents
  1. Enabling Citizens to Replace Supreme Court Chief judge
  2. Draft for procedure to Replace CJI



1.    Enabling Citizens to Replace Supreme Court Chief judge


         The biggest reason why India ails is that we commons do not have procedure to replace PM and SC-Cj. Our forth demand solves one of these 2 major flaws - it creates a procedure by which citizens can replace PM. Following is the procedure we shall enact when we shall come into power. Or better, citizens can force PM to enact 2nd MRCM demand, and enact following procedure without electing us :

  1. Any citizen of India can pay a deposit same as MP election deposit to the PM's secretary and register himself as a candidate for the position of NRJ (Nationally Recognized Jurist)
  2. Any citizen of that district can walk to Talati's office, pay Rs 5 of fee , approve at most five persons for the NRJ position. The Talati will give him a receipt with his voter-id#, date/time and the persons he approved.
  3. Acitizen can cancel his approvals any day as well. There wont be any charge for canceling of the approvals.
  4. The Talati will put the preferences of the citizen on district's website with citizen's voter-ID number and his preferences. On every 1st of the month, the PM's secretary will publish the approval counts of each candidate for each of the position
  5. If a candidate gets approval of over 51% of ALL registered voters (ALL, not just those who have filed their approval) then PM will send the citizens requests to the existing SCjs.
  6. If all SCjs recommend the request, the PM shall appoint him as CJI.
  7. But if even one SCj refuses the appointment then the PM and all Loksabha, Rajyasabha MPs may sign and call for new election.
         The procedure to replace other judges is similar, but different and is described later.




2.    Draft for procedure to Replace CJI


Govt Order : Registration of citizensí YES/NO for Nationally recognized Jurist

Procedure for Procedure / instruction
1 - The word citizen would mean a registered voter
2 Cabinet Secretary If any citizen of India wishes to become NRJ (Nationally Recognized Jurist) , and he appears in person or via a lawyer with affidavit before the Cabinet Secretary, the Secretary would accept his candidacy for NRJ after taking filing fee same as deposit amount for MP election.
3 Talati , (or Talatiís Clerks) If a citizen of that district comes in person to Talatiís office, pays Rs 3 fee , and approves at most five persons for the NRJ position, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved.
4 Talati The Talati will put the preferences of the citizen on districtís website with citizenís voter-ID number and his preferences.
5 Talati If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.
6 Cabinet Secretary On every 5th of month, the CS will publish Approval counts for each candidate as on last date of the previous month.
7 PM If a candidate gets approval of over 34% of ALL registered citizen-voters (ALL, not just those who have filed their approval) in a district, then PM will appoint him as NRJ
8 PM If a candidate gets approval of over 50% of ALL registered voters (ALL, not just those who have filed their approval) and the Approval count is 2% more than all NRJs, then PM may send the name of the most approved NRJ to the Chief Judge of India asking him if he is appropriate for the position of Supreme Court Chief judge.

Govt Ordinance : Resignation of PM/MPs

# Procedure for Procedure / instruction
1 President, PM , all Loksabha MPs
  • If the CJI and every other SCjs recommend that the most approved NRJ should be new CJI, and the existing CjI resigns, within 30 days, then the PM (i.e.
  • President) may appoint that NRJ as Chief Justice of India.
  • However, if any one of the Supreme Court judge refuses to accept appointment of NRJ as the Chief judge, or gives no response within 30 days, then PM and all MPs may resign and may declare new election.

         The proposed two laws will effectively implement replacement of CJI. None of the two proposed changes violate any article in the Constitution . And in the second law, the PM will resign if replacement does not happen, but PM with emergency powers in Constitution and CBI in hand has enough powers to make things happen. I donít need to write all those gory things in black and white.



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