Date:12/08/2003 URL: http://www.thehindu.com/2003/08/12/stories/2003081205031100.htm

National

CPI(M) suggests commission to appoint, remove judges

By Our Special Correspondent

BANGALORE Aug. 11. The Communist Party of India (Marxist) today demanded setting up of an independent National Judicial Commission with the power to appoint and remove judges.

Stressing the need for judicial reforms, S. Ramachandran Pillai and E. Balanandan, members of the CPI(M) politburo, told presspersons here that this commission, although independent of the Government and the judiciary, should be constituted with the involvement of the judiciary, executive, legislature and the Bar.

To make the judiciary more independent, all offices of profit and all post-retirement assignments for judges should be offered on the basis of the commission's recommendations.

There was a lack of accountability in the higher echelons of the judiciary, they said, adding that the system of impeachment was inadequate to check corruption.

Mr. Pillai and Mr. Balanandan said the present law of contempt of court gave arbitrary powers to the judiciary and could be used to stifle even fair criticism. The system of appointment of judges was not only flawed but also non-transparent.

Regarding the recent judgment of the Supreme Court that the government employees could not strike work, they said it was contrary to fundamental rights and violated the ILO conventions to which India was a party.

According to them, the judgment made "unwarranted assertions" against political parties and organisations, which sought to register the protest of the people suffering under severe socio-economic oppression. "It seems that the values fostered by liberalisation and the market principles are getting sanctified by the judiciary," the CPI (M) leaders said.

Referring to the Supreme Court's observation on the Uniform Civil Code, they said that in the context of communal politics, the recommendation "will have the reverse effect instead of helping the cause of national integration".

Regarding the WTO negotiations, they said India should try to rope in developing countries to press for elimination of domestic and export subsidies in developed countries. In the negotiations for tariff reduction, India should demand that the tariff reduction percentage for developing countries should be less than half of what was applicable to the developed countries.

The CPI(M) politburo members felt that India should demand the right to apply direct import control measures, including quantitative restrictions in respect of subsidised products from developed countries.

They said India should be allowed to identify "strategic products" for food security, rural development, and the produce grown by small farmers. Commitments regarding tariff reduction and domestic support should not be applied to such commodities.

The CPI (M) State Committee secretary, G.N. Nagraj, said his party took exception to the passing of four important Bills in the State Assembly in five minutes without any discussion.

Mr. Nagraj criticised the "Kranti Jyoti" rally organised by the Karnataka Pradesh Congress Committee here on Saturday, which resulted in traffic chaos. He said the police, who lathi-charged poor people taking out processions and staging dharnas, turned a blind eye to the massive violation of traffic rules.