NLC-for-JTR Stand explained by Adv.Mathews J Nedumpara

Dear All,

I wish to make the NLC's stand on the issue of   appointments to the higher judiciary crystal clear. What we are demanding is not the appointment by the politicians instead of the Collegium of judges. We don't want neither of them have a big say.What we are campaigning for is the greater  diversity in Judicial appointments. The question is not who is the "de facto" appointing authority. But, who are appointed. The judges since usurping the power of appointment to themselves in 1993 have acted in a manner far  worse than the political executive would have acted had they been invested of the absolute power of appointment. They appointed their kith and kin.Indulged in crassa nepotism and favoritism. Literally an  oligarchy. If the power is shifted to the political executive they will try to appoint their favourites. They cannot certainly  be trusted at all. The solution is an independent "Judicial Appointments Commission" as in UK. The NJAC was a legislation in that direction. By a literal coupe de'tante the judges quashed it and restored to themselves  the power of appointment. The NLC consider it be the duty of every enlightened citizen to oppose the same and demand the investiture  of a mechanism which will select the judges on the basis of MERIT simultaneously ensuring that greater diversity is obtained . The first generation lawyers coming from humble backgrounds and have come up in the profession by dint of hard work and upholding ethical values  should also have a fair chance.That is not negotiable.  The NLC is not a movement of the BJP sympathisers. The opinion of Arun Jaitely,Ravi Shankar Prasad etc who are part of  the elite league in Delhi decide what ought to be stand of the BJP. We are not with them.The less said about Kapil Sibal,Abhishek Manu Singhvi etal who determine what is the stand of the Congress is still worse. There is no room for party politics here. Here all are welcome;who believe in NLC's cause. It's agenda.There is no other caveat.There is hardly any room for disagreement with the agenda of the Campaign. They are:

I. Open selection of judges by inviting applications from all eligible lawyers;

2.Vedio Recording of the court proceedings;

3.Bringing an end to "uncle judges Syndrome" by  implementing  the transfer policy ;

4.Repeal of the concept of contempt of court by "scandalisation" and thereby secure the freedom of speech;

5.Judicial Ombudsman to redress complaints against the judges without impinging Judicial independence;

6.Fair treatment of the litigant public;

7.Simplification of court procedures ;

8. Rights of the innocent languishing in jails. 

9. Bring an end to arbitrary arrests;

10.Welfare of the junior lawyers; 

Etc. etc 

🙏

Mathews J Nedumpara, President,NLC-for-JTR