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The Minister of Law and Justice, Ashwani Kumar held a press conference today in which he addressed several issues including reforms for affordable and expeditious justice, the Judicial and Accountability Bill, National Judicial Commission and reforms in legal education.

The Minister of Law and Justice, Ashwani Kumar held a press conference today in which he addressed several issues including reforms for affordable and expeditious justice, the Judicial and Accountability Bill, National Judicial Commission and reforms in legal education.

Judicial Standards and Accountability Bill

The Law Minister said that the government is going to introduce the Judicial Standards and Accountability Bill (Bill) in the ongoing winter session of Parliament. 

Kumar stated, “Nothing in the Bill should be treated or construed as a gag order. We only hope to bring in a provision which will only reiterate that the Supreme Court has already stated in number of its judgements, i.e. courts must refrain from making observations against anyone where such observations are not strictly neessary for the decision of the case. So, it is no gag order but is a reiteration of a principle decided by the Supreme Court”.

The Minister made it very clear that, “We remain totally, irrevocably and unquestionably committed to maintaining, preserving and upholding the independence of the judiciary. We want the executive and judiciary to be in a constructive engagement for the advancement of the national goals and aspirations. Judicial sensitivities and judicial independence will be respected in lelter and in spirit”.

National Judicial Commission

Talking about bringing transpareny in the appointment of judges, the Law Minister said, “There are other proposals including the National Judicial Commission, which relates to the appointment of judges which is engaging serious and urgent consideration of the work and we hope to make substantial progress on this to ensure transparency in the selection of judges”.

“There has been a view that we could consider that the present Collegium system has had its utility but there is need for alternative mechansim for appointment of judges”, said Law Minister.

Law Minister added, “There seems to be a large political consensus on the need for having an alternative mechanism. This is being in propossed. The principle of it is, may be another alternative system for appointment which ensures greater transparency and better inputs in order to ensure that the best are selected to judiciary”

He added that this might entail constitutional amendments and whatever is required will be done. The proposed National Judicial Commission would be headed by the Chief Justice of India.

Affordable and Expeditious Justice

The Law Minister said that for accelerating the pace of implementation of establishment of Gram Nyayalyas in the country, a Committee under the chairmanship of a sitting judge of the Supreme Court will be set up to oversee the implementation of the Gram Nyalays Act and to solicit the support of Chief Justices of the High Courts and the State governments. 

There is a special drive going on in the country since June 2012 to reduce the pendency in the High Courts and in the district and subordinate courts.

The Law Minister said, “All 14,290 lower courts in the country will be fully computerized and integrated with the High Courts and the Supreme Court through a national grid. The information will be available to the high judiciary as well as litigants.”

“This will reduce pendency of cases and will monitor the working of the lower courts”, added Law Minister.

Legal Education Reforms

With regard to legal education reforms, the Minister said that a committee consisting of former Attorney Generals, eminent law professors from India and abroad has been proposed to step up.

This committee, within six months, will provide its recommendations to improve the quality of legal education.

The notification in this regard will be issued shortly.