Times of India: Kolkata: Sunday,
July 28, 2013.
Chairman of
the state human rights commission, Justice Asok Kumar Ganguly, on Saturday
backed the state election commission (SEC) for moving court to seek central
forces for panchayat polls. The SEC is responsible to ensure free and fair
polls as a constitutional body, he said at a seminar on 'Judiciary, ethics and
justice delivery in India' organized by the Calcutta Chamber of Commerce (CCC).
"Democracy
has to be meaningful. It cannot be all about bloodshed and killing people. So,
SEC did the right thing by seeking the court's intervention," said Justice
Ganguly. He criticized violence during the panchayat polls as it makes mockery
of democracy.
The former
Supreme Court judge said a voter's job didn't end with casting the ballot.
wanted voters to participate in democracy.
"Their
job is not to vote once in five years. They should be vigilant about the
government's functioning," he said and suggested that citizens submit
questions under the RTI Act as a tool to ensure transparency.
"Transparency will help people know about goings-on in government offices.
This can be a proper check on government, help curb corruption and the state is
accountable to the governed. RTI or right to information is rather the right to
know." He preached openness as corruption is checked in a transparent
system. He also sought people-friendly laws.
Justice
Ganguly also criticized some judgments of the Supreme Court. He mentioned
donation to educational institutes had become a phenomenon making access to
higher education difficult for children from economically ordinary families.
Former Lok
Sabha Speaker Somnath Chatterjee spoke on the need to set up circuit benches of
the Supreme Court and high courts so that people in the rural areas have access
to the judiciary. said that village folk in India have no access to the Supreme
Court in Delhi. He suggested setting up circuit benches of the Supreme Court
and high courts. "But many people will oppose it," he said.
At present
there are 267 vacancies across high courts, Chatterjee said. "More than
one fourth of the 906 high court judges' posts are vacant, causing trouble to
litigants. Who is responsible for the delay in appointment of judges?" he
asked.
The former Speaker
also stressed on the need to appoint judges after an impartial scrutiny.
"Why should there be reasons to question even one of them?," he said.
Chatterjee
felt there should be impartial and rigorous scrutiny while appointing judges.
"Why should there be reason for questions even against one of them?"
Chatterjee fumed, as it lowers the esteem of the judiciary. He said corrupt and
incompetent judges should be identified. He mentioned probes are on against
some retired judges of the apex court. "With litigation costs siring to an
unthinkable level, common people have little access to move the high courts and
Supreme Court for justice. Moreover, delayed justice is further adding to
costs."
He also
criticized judicial activism if it goes beyond judicial review.
"Policy
matters are beyond the domain of judicial scrutiny. Courts do not represent our
countrymen so they have no right to go and find out what people want. If the
judiciary dictates ways to run Parliament, I do not agree. I had said this when
the Supreme Court gave its verdict on the Jharkhand Assembly as only the
speaker could decide on proceedings of the House," he said.
While former
Supreme Court judge Justice Tarun Chatterjee said the Supreme Court should
ensure that only competent people be made judges and stressed on the importance
of alternate dispute resolution system, who are not conversant with laws are
being made judges. The Supreme Court should ensure only competent people become
judges and stressed on the importance of alternate dispute resolution (ADR)
system.
CCC president
Alka Bangur spoke on arbitration, conciliation and Lok Adalats for quicker and
cheaper justice.