AIBA Chairman writes to PM seeking reforms in legal system; Manner of appointment of judges, formation of four SC Benches among changes sought

The Chairman of the All India Bar Association Adish Aggarwala has written a letter to the Prime Minister Narendra Modi recommending reforms in the legal system. The changes sought include the manner of appointment of judges in the High Courts and the Supreme Court, the formation of four Supreme Court Benches across the country and recording of court proceedings..As per the new system of appointment of judges, it is recommended that the two ‘eminent personalities’ of the NJAC are to be nominated by a committee comprising of the Prime Minister, Chief Justice of India and Leader of Opposition in the Lok Sabha. The letter states that,.“It is suggested that the eminent personalities should not be lawyers, or relatives of any Judge or practising lawyer. This is required so that the nominated members can work impartially, without any bias and influence of any kind.”.Aggarwala has also called for proportional representation of judges in the Supreme Court based on the population of States..“…there are three judges from State of Maharashtra (110 million population) and only one from the State of Uttar Pradesh (200 million population), even though the population of State of Uttar Pradesh is nearly two times of the population of State of Maharashtra. There is only one judge from each state of Bihar (100 million population), West Bengal (90 million population), and Gujarat (60 million population).”.The letter also highlights that there are no Supreme Court judges from the States of Rajasthan, Himachal Pradesh and Chhattisgarh..On the subject of retirement of judges, Aggarwala has suggested that no retired Judge should be appointed in any Tribunal or Commission. Only sitting Judges should be appointed to such posts. Moreover, the letter also seeks retirement age of judges to be increased thus,.“From 65 years to 68 years of age in case of the Judges of the Supreme Court. From 62 years to 65 years of age in case of the Judges of High Courts. To 62 years of age in case of the Judges of District Courts.”.On the promotion of judges from District Courts to High Courts and from High Courts to the Supreme Court, the letter recommends that,.“…it should be done only on the basis of seniority. If any Judge is not found suitable of being promoted to the higher Court, that judge should not be allowed to continue as a Judge and should be removed from his position.”.Further, it has been suggested that judges of the Supreme Court whose relatives were practicing in the same court be transferred to another Bench to ensure an unbiased judicial system. Moreover, the system of appointing the Chief Justice of a High Court from another State has been sought to be done away with, the rationale being that,.“It has been observed that the Chief Justices of High Courts coming from other States do not make just and proper administrative decisions as they are usually unaware of the local and social affairs of the Bar, and of the ability and reputation of the local lawyers. They have to be totally reliant on the local Judges of the particular High Court.”.Videography and live broadcast of court proceedings has also been suggested so that judges, lawyers and litigants take the proceedings seriously and there is transparency. The letter further states that,.“It will also deter the lawyers from baselessly arguing before appellate Courts that a particular point was argued before the Court but was not discussed by it in its decision. It will also lead to reduction in filing of false and frivolous appeals.”.The letter also insists that all the reforms be enacted at the same time and not one after the other. The letter concludes by saying that if the suggestions are brought into force,.“…the image of India would be enhanced [not only] in the mind of people of this country, but also the in the mind of foreign investors.”.Image taken from here.