The Law Commission of India, Chaired by Justice Dr. Justice AR. Lakshmanan, in its REPORT NO. 230 focuses on REFORMS IN THE JUDICIARY, offering some suggestions. The report was submitted to the Union Minister of Law and Jusitce, Ministry of Law and Justice, Government of India by the Law Commission on the 5th of August, 2009. Copy of the report can be found
Former Chief Justice of India reitirates - Judicial accountability requires transparency. Public knowledge of the antecedents, assets and liabilities of the judge, spouse and dependents is necessary for adjudging the judge’s conduct and suitability for the performance of official duties.
Renowned Jurist Fali S. Nariman states in this article that if the credibility of the higher judiciary is to be restored, as he believes it must — since without the higher judiciary our Constitution simply cannot work — it is essential that every judge of the Supreme Court set an example and voluntarily make a public disclosure of his (or her) assets on the website of the Supreme Court, law or no law.
A Performance Commission to investigate delinquent judges is essential if egregious judicial blunders are to be minimised. Read this thought provoking artcile where Justice Krishna Iyer dwells on the limits of judicial conduct in the present day context.
{edocs}Judges (Declaration of Assets and Liabilities) Bill 2009.pdf,650,600,link{/edocs}
Government of India has recently declared that bill is proposed to be tabled in the parliament on the issue of declaration of assets by the judges. This bill mandates all judges to compulsorily declare their assets to respective Chief Justices. In light of this, Campaign for Judicial Accountability and Reforms have issued a public statement. Through this statement, CJAR has called for a public and annual declaration of assets by the Judges to ensure that the objective of transparency through this proposed Bill is achieved. The statement also appeals that the proposed Bill be finalised after effective consultation with civil society. The statement has been endorsed by many eminent persons from all walks of life.
On 11th July 2009, strategic planning meeting of the members of CJAR was held. In this meeting, future course of action of the Campaign was discussed. In this meeting, apart from other issues, recently passed legislation "Gram Nyalalaya Act", recommendation of 2nd Administrative Reforms Commission on Judicial Reforms were also discussed. Minutes of the meeting can be found here. Gram Nyayalaya Act, as passed by parliament can be found here. It can be compared with the Draft Gram Nyalayaya Bill as introduced in Rajya Sabha. Draft Bill can be found here. Excerpts from recommendations of 2nd ARC can be found here. In the meeting, status report of the activities of the CJAR during last year was also presented.
India has an independent judiciary. Nonetheless, the gaps between codified law and grassroots reality are wide. The Delhi-based Campaign for Judicial Accountability and Judicial Reforms wants matters to change. Prashant Bhushan, one of its leaders, explained what is wrong with the courts and what could make a difference in a D+C/E+Z-interview.
In the reply to an application filed under Right to Information Act, Central Government has admitted that pursuant to the complaint from CJAR regarding undue monetary advantage to the family members of Justice Sabharwal due to his controversial orders on sealing the business establishments in Delhi; CBI has been directed to investigate the matter. CBI is investigaing various aspects of the case, including the allegation of misuse of public office by the family members of Justice Sabharwal.
Recently, in a talk in South Asian Studies Department, Princeton, Prashant Bhushan delivered a talk on "Lack of Judicial Accountability in India". In this talk, Prashant has pointed how judiciary has acqired self-perpetrating oligarchy and has bocome powerful. He has also pointed out as to how the judiciary has been making attempts to keep itself cocooned and has dismissed all attempts to make it accountable.