October 16, 2015 No.4
https://www.facebook.com/mehtarahulc/posts/10153087021226922
https://www.facebook.com/mehtarahulc/posts/10153087021226922
My stand, at Right to Recall Group on yussle between NaMo = SoMoKe and SCjs on issue of appointment of judges
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1. I at Right to Recall Group , and most of us recallists believe that procedure to EXPEL judges is more important than proedure to appoint judges. We propose Right to Recall Judges, which SoMoKe as well as SCjs have opposed. The proposed procedure code for Right to Recall Supreme Court judges is at "Right to Recall Supreme Court judges aka Prajaa-aadheen SCjs --- https://facebook.com/notes/10150422908786922" and also in chap-7 of http://rahulmehta.com/301.htm .RTR-HCj is similar. RTR-District-judges is similar and proposed code is at " RTR District judge draft , https://www.facebook.com/mehtarahulc/posts/10152255278191922"
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2. For procedure of appointment of SCCj = Supreme Court Chief judge, the law-draft we propose is --- SCCj should be elected by nationwide elections, and recallable by procedures mentioned in links above. Same for HCCj and District Chief judges. SoMoKe and SCjs have opposed election for judges at all levels. The term will be five years.
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3. For procedure of appointment of Magistrates, we propose recruitment by written exams ONLY and no interview. And Jurors may expel Magistrates. The other judges in District Courts , High Court and Supreme Court , except chief judges, should be promoted based on seniority , merit (merit as decided by chief judges). SoMoKe oppose abolition of interviews . And at District Court levels and High Court levels, they also support DIRECT recruitments i.e. lawyers who hace never worked as Magistrates can become District judges, and lawyers who have never been District judges. we oppose such direct recruitment of judges , except that chief judges in District, High and Supreme Court should be elected, and can be anyone.
.
1. I at Right to Recall Group , and most of us recallists believe that procedure to EXPEL judges is more important than proedure to appoint judges. We propose Right to Recall Judges, which SoMoKe as well as SCjs have opposed. The proposed procedure code for Right to Recall Supreme Court judges is at "Right to Recall Supreme Court judges aka Prajaa-aadheen SCjs --- https://facebook.com/notes/10150422908786922" and also in chap-7 of http://rahulmehta.com/301.htm .RTR-HCj is similar. RTR-District-judges is similar and proposed code is at " RTR District judge draft , https://www.facebook.com/mehtarahulc/posts/10152255278191922"
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2. For procedure of appointment of SCCj = Supreme Court Chief judge, the law-draft we propose is --- SCCj should be elected by nationwide elections, and recallable by procedures mentioned in links above. Same for HCCj and District Chief judges. SoMoKe and SCjs have opposed election for judges at all levels. The term will be five years.
.
3. For procedure of appointment of Magistrates, we propose recruitment by written exams ONLY and no interview. And Jurors may expel Magistrates. The other judges in District Courts , High Court and Supreme Court , except chief judges, should be promoted based on seniority , merit (merit as decided by chief judges). SoMoKe oppose abolition of interviews . And at District Court levels and High Court levels, they also support DIRECT recruitments i.e. lawyers who hace never worked as Magistrates can become District judges, and lawyers who have never been District judges. we oppose such direct recruitment of judges , except that chief judges in District, High and Supreme Court should be elected, and can be anyone.
4. And above all, ALL judgments in District, High and Supreme Courts will be given by Jurors and NOT.judges. SoMoKe have opposed Jury System. And Scjs have also opposed Jury System.
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Existing tussle between SoMoKe and SCjs is
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1. Existing system is that three apex "judicious cronies", namely the by Supreme Court Chief judge and two apex SCjs, decide who will be next SCjs and next HCCjs. And at state level, 3 apex judicious cronies , namely HCCj and two seniormost HCjs, make a list of HCjs to be appointed, and final decision is taken by three seniormost SCjs. PM and CMs have no say.
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2. SoMoKe want a system where three cronies appointed by PM and three judious croines aka seniormost SCjs , will appoint SCjs and HCCjs. And st state levels, three cronies appointed by CM and three judious croines aka seniormost HCjs , will make list of new HCjs, but final decision will be taken three cronies appointed by PM and three supreme judicous cronies. IOW, SoMoKe's National judicial commission act has NOTHING for citizens !!!
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3. SoGa had supported NJAC, and AAP's 4 MPs stand is not known to me. But AAP has NOT proposed any law-draft to appoint / expel SCjs. They insist on dishonest silence.
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4. Again, we at RRG support Right to Recall SCjs, HCjs, District judges and Jury Sys at all levels. SoMoKe have opposed this.
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=====
.
Existing tussle between SoMoKe and SCjs is
.
1. Existing system is that three apex "judicious cronies", namely the by Supreme Court Chief judge and two apex SCjs, decide who will be next SCjs and next HCCjs. And at state level, 3 apex judicious cronies , namely HCCj and two seniormost HCjs, make a list of HCjs to be appointed, and final decision is taken by three seniormost SCjs. PM and CMs have no say.
.
2. SoMoKe want a system where three cronies appointed by PM and three judious croines aka seniormost SCjs , will appoint SCjs and HCCjs. And st state levels, three cronies appointed by CM and three judious croines aka seniormost HCjs , will make list of new HCjs, but final decision will be taken three cronies appointed by PM and three supreme judicous cronies. IOW, SoMoKe's National judicial commission act has NOTHING for citizens !!!
.
3. SoGa had supported NJAC, and AAP's 4 MPs stand is not known to me. But AAP has NOT proposed any law-draft to appoint / expel SCjs. They insist on dishonest silence.
.
4. Again, we at RRG support Right to Recall SCjs, HCjs, District judges and Jury Sys at all levels. SoMoKe have opposed this.
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