Justice Gogoi rejects fixed tenure for CJIs, seeks consistent judicial policy
New Delhi, July 28 : Justice Ranjan Gogoi - the seniormost judge of the top court after Chief Justice Dipak Misra - on Saturday dismissed the suggestion for fixed tenure of the Chief Justice of India so as to give them enough time to push the reforms in the judicial system.
Addressing the issue of fixed term, he said that in judiciary when it comes to elevation of judges, there are some norms, particularly seniority and it may not be a good idea to deny a person the chance of becoming CJI merely because his tenure would be short.
The problem in pushing reforms is not with the length of the tenure as CJI - whether short or long - but with the change in priorities with the change of CJIs, Justice Gogoi said priorities once set had to be consistently adhered to by the successive CJIs.
"Problem does not lie with the short tenure. Problem lies with the change of priority with the change of Chief Justice. We must have consistent policy. Tenure does not matter," he said, responding to the suggestion of fixed tenure for the CJIs by Prof N.R.Madhava Menon - former Vice Cancellor of National Law School of India, Bengaluru.
Citing the fixed tenure of the Cabinet Secretary, service and police chiefs, Menon advocated a fixed tenure of CJIs, wondering what would happen to the defence of the country if service chiefs were to have short tenures running into a few months.
Addressing the number of issues that emerged during day long deliberation on "National Initiative to Reduce Pendency and Delay in Judicial System", Justice Gogoi said there "was no radical solution of the problem of the huge backlog of over three crore cases. They will not disappear overnight".
It is a "gradual process with a multi-pronged approach and acting immediately on the solutions that have emerged in the daylong deliberations", he said, apparently urging the High Court judges and judicial officers to get on with the task.
Addressing the issue of vacancies, Justice Gogoi said that the vacancies in the High Courts can be taken care of by the CJI and his team but the cause of concern was 5,984 vacancies in lower judiciary with Uttar Pradesh with 1,344, Bihar with 825 and Madhya Pradesh with 748 vacancies topping the list.
Pointing to the long time that is taken in the recruitment of judicial officers in different states, and urging to look at the issue with a different perspective, he said: "What we are looking for is that a man or a woman has outstanding merit and ability, utmost integrity and of absolute commitment to work. Three qualities I would look for before a person becomes a judge."
Referring to the report of a committee that had said that the entire process for the recruitment of judges in lower judiciary should be completed in 273 days, Justice Gogoi said that Delhi took 762 days, J&K took 900 days and Pondicherry did it in 99 days.
It can happen in 99 days, and "If you have a right man at right place (then) rest will follow", he said.
In his valedictory address, Chief Justice Misra, summing up the daylong proceedings, called for "self-discipline", "self enhancement" and "developing a culture of work atmosphere".
Not favouring ex-parte stay of the proceedings of the trials at lower courts, he said that they should be a "dated stay".
Saying that standing still was "negation of life", Chief Justice Misra said that the courts should decide the matters in a time bound manner while he drew distinction between enthusiasm, perseverance and obsession.
Dwelling on judicial statesmanship, judicial leadership and judicial discipline, he said that every case should be decided skilfully and lawfully with impose one's own views.
On judicial discipline, he said that lawyers should not be allowed to take court's time more than necessary.
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We need to create system in which people's skills get their due: Rahul Gandhi
New Delhi (PTI): Leader of Opposition in the Lok Sabha Rahul Gandhi Friday called for creating a system in which people's skills get their due and everyone's contribution is respected, as he shared a Diwali video in which he interacts with paint job workers and potters.
Posting the over nine-minute video which features him also having a conversation with his nephew Raihan Rajiv Vadra on YouTube, the former Congress chief said, "A memorable Diwali with special people - I celebrated this Diwali working with some painter brothers and making earthen diyas with a potter family."
"I saw their work closely, tried to learn their skills and understood their difficulties and problems. They don't go home. We celebrate festivals happily and to earn some money, they forget their village, city, family," Gandhi said.
"They make happiness from clay. While lighting up the festivals of others, are they able to live in light themselves? Those who build houses can hardly run their own houses!" he said.
Gandhi said Diwali means light that can remove the darkness of poverty and helplessness.
"We have to create such a system -- in which people's skills get their due and contribution is respected -- makes everyone's Diwali a happy one. I hope this Diwali brings prosperity, progress and love in the lives of all of you," he said.
In the video, Gandhi is seen working with labourers at the 10 Janpath residence and learning to paint walls along with his nephew. In the second part of the video, Gandhi goes to the house of a woman who makes earthen lamps with her five daughters.
Gandhi tries his hand at pottery and makes 'diyas', which he says he would give to his mother and sister.
Since his Kanyakumari to Kashmir Bharat Jodo Yatra and his Manipur to Mumbai Bharat Jodo Nyay Yatra, Gandhi has been interacting with a cross-section of people from mechanics and cobblers to labourers and bus drivers.
He often posts videos of his numerous interactions and highlights the plight of various sections of society.
