Shri Kiren Rijiju, Union Minister of Law and Justice has provided much crucial information in Lok Sabha related to Judiciary that may be helpful for exam preparation. Let’s have a look at a few of the updates. All of these updates were written replies given in Lok Sabha on the 1st of April.
Judiciary Corruption
An “in-house mechanism” maintains accountability in the higher judiciary. On May 7, 1997, the Supreme Court of India adopted two resolutions: “The Restatement of Values of Judicial Life,” which establishes certain judicial standards and principles to be observed and followed by judges of the Supreme Court and High Courts; and (ii) “The Restatement of Values of Judicial Life,” which establishes certain judicial standards and principles to be observed and followed by judges of the Supreme Court and High Courts. (ii) “in-house procedure” for taking appropriate disciplinary action against judges who do not uphold universally accepted judicial values, including those enshrined in the Restatement of Judicial Values.
The Chief Justice of India is competent to receive complaints against the conduct of Supreme Court Judges and Chief Justices of the High Courts, according to the established “In-house procedure” for the Higher Judiciary. Similarly, the Chief Justices of the High Courts have the authority to receive complaints about High Court Judges’ conduct. The Chief Justice of India or the Chief Justice of the concerned High Court, as the case may be, receives the complaints/representations and takes appropriate action.
During the last 05 years (from 01.01.2017 to 31.12.2021), 1631 complaints about the functioning of the judiciary, including judicial corruption, were received in the Centralised Public Grievance Redress and Monitoring System (CPGRAMS) and forwarded to the CJI/Chief Justice of High Courts, respectively, as per the procedure established under the “in-house mechanism.” Shri Kiren Rijiju, Union Minister of Law and Justice, provided this information in a written reply to the Lok Sabha on April 1st.
Women’s Representation in Judiciary
Judges of the Supreme Court and High Courts are appointed under Articles 124, 217, and 224 of the Indian Constitution, which make no reservations for any caste or class of people. The onus of providing social diversity and representation to all sections of society, including SC/ST/OBC/Women/Minorities, falls primarily on the judiciary in the current system of appointing judges to constitutional courts through the Collegium system. The government is unable to appoint a High Court Judge who has not been recommended by the High Court/Supreme Court Collegium.
The Government, on the other hand, remains committed to ensuring social diversity in the appointment of Judges in the Higher Judiciary and has been requesting Chief Justices of High Courts to give due consideration to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and Women when sending proposals for the appointment of Judges.
Between January 1, 2021, and March 30, 2022, the Supreme Court Collegium recommended 39 women for appointment as High Court Judges, 27 of whom were appointed, and the remaining 12 cases are still being processed. Shri Kiren Rijiju, Union Minister of Law and Justice, provided this information in a written reply to the Lok Sabha on April 1st.
Digital Infrastructural Capacity
The Department of Legal Affairs has been working to improve its digital infrastructure capacity, both in terms of hardware and the use of e-tools. Every officer/official is given a complete set of computer systems in this regard. Furthermore, in order to facilitate the filing of notary applications and related processes, an exclusive web portal called the Notary Online Application Portal (NOAP) has been planned, which will streamline the process of inviting applications for notary appointments and issuing certificates of practice via the internet.
Furthermore, the Legal Information Management and Briefing System (LIMBS), a web-based application, has been developed to allow Ministries/Departments to upload information and monitor court cases in which the Union of India is a party. In collaboration with NIC, LIMBS Version 2.0, an upgraded version of LIMBS, has been made operational.
The Notary Online Application Portal (NOAP) incorporates key features such as uploading annual returns, specimen signatures, and payments of statutory fees through the e-Bharat Kosh payment gateway on the web page, among others, based on feedback received to streamline the notary appointment process. Shri Kiren Rijiju, Union Minister of Law and Justice, provided this information in a written reply to the Lok Sabha on April 1st.
Legislative Drafting
The Legislative Department follows the procedures outlined in Chapter 9 of the Manual of Parliamentary Procedures in the Government of India when drafting laws. Under the Government of India (Allocation of Business) Rules, 1961, the Ministry/Department to which a subject matter is assigned formulates legislative proposals in consultation with experts and stakeholders, as well as all interested persons and authorities.
The Legislative Department draughts laws in consultation with the relevant administrative ministry, following the procedure outlined in the Manual of Parliamentary Procedures, usually within thirty days of receiving the proposal and after clearance from the Department of Legal Affairs. During a meeting of the Department’s Parliamentary Standing Committee, the then-Secretary of the Legislative Department noted that the administrative Ministry frequently sends proposals late, leaving little or no time to examine them from a legal and drafting standpoint.
Every time this happens, the Legislative Department appropriately advises the administrative departments not to submit the proposal at the last minute, as this compromises the quality of legislative drafting. Shri Kiren Rijiju, Union Minister of Law and Justice, provided this information in a written reply to the Lok Sabha on April 1st.