7.1 Right to Recall judges via TCP
7.2 Constitutional
validity of draft of RTR SC-Cj
7.3 Draft for
the Gazette Notification that would create Right to Recall SC-Cj
7.4 West has
no such RTR judges law-draft. Why do we need it?
7.5 National
judocratic Commission is a useless idea
7.6 Lokpal
bill without RTR-Lokpal is a useless idea
7.7 How can YOU
help in bringing Right to Recall Supreme Court Chief judge law in India?
The day Ahmisamurti Mahatma Udham Singh manages to convince our PM to print three lined
TCP in Gazette Notifications, I will submit the draft of Right to Recall SCCj (SCCj = Supreme Court Chief
judge), RTR HCCj etc. as an affidavit under clause-1
of TCP. My belief is that over 70 cr citizens will
not oppose it and may register YES on it. And so IMO, using TCP, citizens may
be able enact RTR SC-Cj , HCCj within 3-4 months. And
within weeks after coming of RTR over judges, corruption in courts will become
near zero.
If RTR-activists insist on waiting till they get
majority in Parliament and then enacting Right to Recall laws, then there is
possibility that RTR-activists will be waiting for seven life times. Because
even if pro-RTR people get majority in the Parliament, there is possibility
that their own MPs will sell out and refuse to pass RTR-SC-Cj
law-draft. E.g. in 1977, Janata Party MPs had promised to pass Right to Recall
laws before election, and after getting elected, later they refused to pass
Right to Recall laws. So IMO, RTR-activists should focus on creating mass
movement to get TCP printed in Gazette Notification rather than elections.
So please note – our proposal is NOT that we
will come in power and will enact RTR-SCCj-law-draft.
And we do not insist that PM should be forced to print RTR-SCCj-law-draft
in the Gazette. Our proposal is --- we, citizens of India, should ask PM to
take public opinion using TCP on whether RTR-SCCj-draft
should be printed in Gazette or not. The public opinion will enable PM to
decide whether RTR-SCCj-draft should be printed or
not.
India’s eminent intellectuals are Murti-pujak
i.e. Nyaya-Murti-pujak i.e.
they all worship SCjs and HCjs.
So all eminent intellectuals have hated Right to Recall Supreme Court Chief
judge as it makes citizens more powerful than SCjs.
So eminent intellectuals have resorted to their pet argument --- the Gazette
Notification draft I have proposed for Right to Recall Supreme Court Chief
judge is unconstitutional. To all these eminent intellectuals, I have asked one
question : can you show me the which of the ten
clauses in draft is IYO unconstitutional? And till date no eminent intellectual
has dared to point out the clause and they re-iterate – the draft is
unconstitutional.
If an RTR-activist insist on waiting till they get
majority in Parliament and then enacting RTR laws, then there is possibility
that RTR-activists will be waiting for 2 life times.
First they may never get majority in Parliament. And worse, even if they get
majority, there is possibility that their “own” MPs will sell out and refuse to
pass RTR-SC-Cj law-draft. E.g. in 1977, Janata Party
MPs had promised to pass RTR laws before election, and after getting elected,
later they refused to pass RTR laws. So IMO, RTR-activists should focus on
creating mass movement on getting TCP printed iun
Gazette rather than elections.
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Procedure For |
Procedure / instruction |
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1 |
- |
(1.1) The word “may” does not imply any moral-legal
binding. (1.2) SC-Cj means Supreme Court Chief judge. (1.3) SCj means Supreme
Court judge. (1.4) This GN will come into effect only after all over 50% of
all citizen-voter have registered YES over it and there after every SCj has approved this GN. |
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2 |
PM (or his Secretary he designates) |
If any citizen of India above age of 30 years wishes to become
NRJ (Nationally Recognized Jurist) , and he appears
in person or via a lawyer with affidavit before PM or designated Secretary of
PM, the Secretary of PM would accept
his candidacy for NRJ after taking filing fee same as deposit amount for MP
election. |
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3 |
Talati , (or Talati’s Clerks) |
If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee ,
and approves at most five persons for the NRJ position, the Talati would enter his approvals in the computer and
would him a receipt with his voter-id#, date/time and the persons he
approved. |
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4 |
Talati |
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5 |
Talati |
|
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6 |
PM’s Secretary |
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7 |
PM |
If a candidate gets approval of over 15 cr
registered citizen-voters in India, then PM may appoint him as NRJ |
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8 |
PM |
If an NRJ gets approval of over 37 crore of citizen-voters and
the Approval count is 2 cr more than all NRJs, then
PM may
send the name of the most approved NRJ to the Chief Judge of India asking him
if he is appropriate and Constitutionally correct for the position of Supreme
Court Chief judge. |
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9 |
PM , all Loksabha MPs |
1. If the CjI and every other SCjs recommend that the most approved NRJ should be new CjI and the existing CjI
resigns, within 30 days, then and then only the PM may appoint that NRJ as
Chief Justice of India. 2. However, if any one of the Supreme Court judge refuses to accept
appointment of NRJ as the Chief judge, or gives no response within 30 days,
then PM and all MPs may cancel their recommendation and may resign and may
declare new election. Their decision will be final. |
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10 |
District Collector |
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11 |
Talati (or Patwari) |
The
proposed GN may effectively implement replacement of CjI.
And the proposed GN does NOT violate
any article in the Constitution.
I have been campaigning for the procedures by which we
commons can expel PM, CMs and judges. All eminent disintellectuals
(kubudheejeevi) have opposed this demand and tried
tooth and nail to show that it is unconstitutional. Having failed, they say
“West does not have this procedure to remove SCjs and
so why should we have this procedures?”
First, West does have procedures to expel High Court
Chief Judges in many states (the position in their country is – Supreme Court
Chief Judge of State Court), and Right to Recall lower court Judges is there in
most district. e.g. Citizens in California have Right to Recall California
Supreme Court Chief judge, equivalent to our High Court Chief judge. These
procedures do keep a threat level on Federal Supreme Court judges. And in when
US was founded, the States were more powerful than Union and none of the
Constitution writers could see that one day Supreme Court of Union will become
so powerful. Also, Right to Recall some 220 years ago at National level was
logistically unviable. And in US, trials are decided first by Juries over which
SCjs have no control. The verdicts of SCjs are NOT binding on Juries. So the SCjs
in US do not control lower courts. But till that law-draft stabilizes, SCjs will have powers. So we commons of India must have
procedure to put a check on the SCjs.
Nevertheless, USA doesn’t have Right to Recall Supreme
Court Judges. The citizens in US have suffered, but not as much as citizens in
India did. That is because in US, some 50% adults have guns, which ensures that
elitemen will neither ask nor allow SCjs to stoop low beyond a level. Besides, problems of US
are with US. As far as India goes, Satyarth Prakash
clearly says that “Raja must be Prajaa-aadheen, or
else he will rob the citizens”. Same way, SC-Cj must
be Praja-aadheen or else he will rob the citizens. No
wonder why we have SC-Cj giving bail to pedophiles
convicted by lower courts.
The eminent intellectuals have demanded National judocratic Commission, wherein some 5-15 people will have
powers to appoint and expel HCjs and SCjs. These 10-15 people will sell out of MNCs and Indian elitemen and all the courts will become fiefdom of MNCs and
Indian elitemen after NjC
comes. We support ”Right To Recall SCjs”
and oppose National judocratic Commission proposal.
Furthermore, in the NjC proposal as demanded by the
eminent intellectuals does not have procedure by which we commons can
expel/replace NjC members. And the eminent
intellectuals have opposed procedure to replace NjC
members in their NjC proposal. So NjC
members will only act as corrupt puppet of elitemen.
The NjC proposal is because
the old elitemen want to block the judges who have
nexuses with new elitemen from getting too much
power. IOW, NjC proposal is old elitemen
vs. new elitemen game and there is nothing for
commons.
The Lokpal will become
MNC-agent, corrupt and will form cross-nepotic
nexuses with Supreme Court judges and so Lokpals will
do nothing to reduce corruption and nepotism in SCjs.
The so called Janlokpal with no RTR-Lokpal bill (proposed by The Anna in Apr-2011) says that if
a Janlokpal becomes corrupt, Supreme Court judges can
remove him. And at the same time, Lokpals have power
to initiate inquiry against Supreme Court judges. This cross links will only
ensure one thing --- Supreme Court judges and Janlokpals
will form passive nexuses i.e. ignore corruption and nepotism of each other and
will also gradually form cross-nepotic nexuses i.e.
relative lawyers of Janlokpal will practice in
Supreme Court and relatives of Supreme Court will practice in offices of Janlokpals.
Further, in National judocratic
Commission as well as Lokpals, the Lokpals and NjC members will ask
for proof for corruption. Now if an SCj is stupid
enough to take bribes in cash before camera, then surely there will be a proof.
But if that SCj is smart enough to use a friend
lawyer as an agent, and that SCj will never caught
unless narco-test of that friend lawyer is taken.
Also, if SCj takes bribes in Mauritius Bank or Swiss
Bank account, then also there will never be a documentary proof. Hence Lokpal or NjC will dismiss the
complaint without action. Same way, if an NjC member
or a Lokpal takes bribes via relative lawyer or
friend and keeps money in Mauritius Bank or Swiss Bank account, the complainer
will never be able to get proofs and so SCjs will
dismiss the complaints. That’s why Jan Lokpal,
without Right to Recall Lokpal is useless.
Please send order to PM and Loksabha
Speaker via SMS that your Yes\No sent via SMS on any bill presented in the
Parliament should be posted on the website of Parliament. The activists should
send necessary orders to PM via SMS, such as order PM to print TCP in Gazette.
Please also read chap-13 of this book http://rahulmehta.com/301.htm
. It has several steps where-in you can spend 6 hours a week and help to
bring RTR-SCCj drafts in Gazette in India. The steps
involve sending necessary orders to PM, MP etc. via SMS, distributing pamphlets,
informing citizens on motives of leaders such Congress MPs, BJP MPs, The Anna
etc. who oppose RTR-SCCj, giving newspaper ads,
contesting elections on RTR, RTR-SCCj, MRCM, TCP
etc.. Once TCP gets printed in Gazette, RTR-SCCj will
get printed in 1-2 months.