Page 148 - Constitution

70 Years of Indian Years of Indian

Constitution
Constitution

The Supreme Court of India to have its
o redress the situation, an altogether indigenous
comprehensive reformative framework is required Constitutional majestic outlook, need a re-
orientation into four divisions as Supreme Court of
T for all round growth of the nation than piecemeal
India, Supreme Court of Civil, Criminal Judicatures,
efforts based on tailor made proposals. Accordingly, as an
observer, teacher, researcher of law for more than three Arbitration and Conciliation Courts
decades basing on the various policy initiatives adapted
to reform judiciary to realise the goals of constitution and
Courts or may be renamed as Court Appeals of Civil,
the pitfalls of them, the well thought reforms perspective
Criminal, and Arbitration and Conciliation. The Supreme
is advocated here under to realize the objectives of the
Court of India needs to function from its present seat of
constitution in letter and spirit.
authority under a Chief Justice of India and eight other

Judicial Reforms for Speedy Justice: judges with a retirement age of seventy-five years for
Chief Justice and seventy three for other judges. This
To provide relief to litigants of nearly 400 million cases
court has to be empowered with original,appellate,
pending in courts, it will take decades. Multiple views
advisory, administrative, Social Action litigation, Disputes
and exercises were aired and undertaken to bail out
of Union and States and financial powers to access the
the situation time and again, but none could effectively
Judicial Impact Assessment as enunciated in Salem
yield desired results. To accomplish the stance of
Bar Association Case as was endorsed by late former
Sarvodaya, especially “no depravity” ideal of Gandhji
Financial Minister, Shri Arun Jaitley.
as encapsulated through numerous provisions of
The Supreme Courts of Civil, Criminal, Arbitration
constitution, comprehensive reorientation of judicial
and Conciliation could be established in three regions
institutions from apex to lower courts, legislative and
of the country. These courts may have strength of 10
legal education reforms is an urgent need than sporadic
Judges to each of them including a Chief Justice with a
efforts.
retirement age of seventy-two for the Chief Justices and
Amongst the various views expressed, including
Seventy for Judges. These courts are empowered to deal
that of the author, to accomplish the vision of cooperative
with appeal cases with writ jurisdiction, original jurisdiction
federation of the Constitution for an effective functioning
in the concerned area for the respective subject areas
of judiciary, and, the Supreme Court of India to have its
without appeal provisions, except in rarest cases where
constitutional majestic outlook, need a re-orientation into
in legal interpretation is need with the permission of SCI.
four divisions as Supreme Court of India, Supreme Court
Amongst these courts, the Arbitration and Conciliation
of Civil, Criminal Judicatures, Arbitration and Conciliation
court may have two or three jurists to deal with matters

148 70 Years of Indian Constitution