India needs judicial reforms. Cases drag on for years from lower courts to Sessions Courts to High Courts to Supreme Court. Adjournments and stay orders delay justice. Appeals are allowed long after the expiry of the period granted for appeal. Cases decided by arbitration are appealed in High Courts. There are various tribunals whose judgments can be appealed.
Cases of murder, rape, abduction, hijacking and such high crimes must be tried by a court having three judges and the decision should be first and last. There should be no appeal, only mercy petition in case there is punishment. Minor crimes may be tried by one judge. Civil matters may be tried by one judge or three judges depending on the amount involved and there should be no appeal.
There is a demand in Tamil Nadu to make Tamil the language of Madras High Court. According to the constitution of India English is the language of High Courts and Supreme Court. Making Tamil the language of Madras High Court requires constitutional amendment.
If UPA decides to go for constitutional amendment to make Tamil the language of Madras High Court other states will demand their languages be made languages of their High Courts. The amendment will have to apply all High Courts.
In India appointment of judges is shrouded in secrecy. It is time to make it open.
The names of judges who are to be appointed to the Supreme Court and High Courts should be made public. Committees should be appointed to discuss the appointments. For Supreme Court judges a committee comprising members of Lok Sabha should be appointed. Anyone who has objection to the appointment should mention in to the committee. The candidate should be given an opportunity to defend himself or herself. Similarly for High Court judges a committee comprising members of Legislative Assembly of the state should be appointed and procedure followed. Judges should be appointed after the committee clears appointments.
CBIâ€™s record is pathetic. Many times CBI officers are susceptible to fear or favour. It is likely that they will not do a better job than state police and many times may do a worse job. There is no guarantee that if the judiciary orders a CBI probe it will do better or guilty will be caught and punished. Jain hawala case is an example.