Where there is no rule of law and lacuna in laws, Adhivakta Parishad reacts

Salam Rupachandra Singh
Contd from previous issue
The Chairman of the Bengal Bar Council, who is a sitting MLA of the ruling party, openly criticized the Acting Chief Justice of Bengal and wrote to the Chief Justice of India seeking the removal of Calcutta High Court Chief Justice on his observations and orders on Bengal violence.There is interference in Judicial Dispensation process and it will have far reaching consequences.
The 2nd demand is to frame a mechanism for time bound appointments to the posts of chairpersons and members of various Tribunal/ Commissions/ Forum throughout Bharat to achieve the object of timely justice to its citizens which is also their fundamental right basing on the discussion that tribunals are quasi-judicial institutions having been set up across Bharat to address the issue of delay in disposal of cases in regular Courts. Similarly a number of Commissions and Forums have been set up all over the country for addressing specific issues and for dispute resolution.
Some of the prominent Tribunals constituted by way of Central Acts are Central Administrative Tribunal; Railway Claims Tribunal; Debt Recovery Tribunal; Customs, Excise and Service Tax Appeal Tribunal; Income Tax Appellate Tribunal; Armed Forces Tribunal. In addition to this there are a number of Commissions at Central and State level viz. Human Rights Commission; SC & ST Commission; Women Commission, Backward Classes Commission etc.
Then there are other Forums like Consumer Courts etc. All these Tribunals/Commissions/Forums were established to address delays in disposal of cases in Courts and they have been able to achieve the object to an extent. The practical difficulties faced by such Institutions are lack of funds, infrastructure and manpower.
 However, the main issue which hinders the administration of justice by these institutions is no time bound appointments to the posts of Chairpersons and Members of these Tribunals/Commissions/Forums once the posts get vacant. Most of the time it has been observed that the posts vacated after retirement of Chairperson or Member is not filled up immediately thereafter and adhoc arrangements go on till the fresh appointments are made. The delay in appointments which result in delay in dispensation of justice ultimately defeats the very purpose of setting up of such Institutions.
Recently Bar Council of India notified its approval to the proposed amendments to Bar Council of Indian Rules depriving the right of speech and expression of the members of the Bar and to this extent Adhivakta Parishad demands the immediate withdrawal of the amendments and Bar Council be asked to act for development of an effective, learned, free and fair bar and not to act to undermine such characteristics of the Bar. Another demand is also made by declaring that time has come to revisit the issue of National Judicial Commission for Appointment of Judges of Supreme Court and High Courts to the Judgment dated 15th October, 2015 which strikes down the Commission. While striking down, the Supreme Court observed that if the Collegium recommendation is not unanimous, President of India may accept or he may reject the proposal.  
Per Contra, if the Proposal is unanimous, the President of India has to accept the recommendations. Like-wise, the Hon’ble Supreme Court has also pointed out that appropriate measures regarding Minutes of Procedure (MOP) has to be prepared. Despite lapse of 5 years, MOP has not been concluded. It is the experience of the stakeholders of the judicial dispensation system that the present collegium system is not effectively giving the required results.
And lastly, it is demanded that the requirement of three years experience of law graduate to be mandatory for appointment to the posts of Magistrates& Judicial officers of subordinate Judiciaries pledging that Adhivakta Parishad is committed towards people friendly justice delivery system, wherein the bench and bar act as two sides of the same coin, and duo cherish for nothing but, ‘the rule of law’.
Court room is the school of practical learning for fresh law graduates, wherein they learn professional ethics i.e. lawyer’s duties towards the Court, their client, the opponent, fellow lawyers, Bar Councils and Bar Associations, the person under training and the indigents and oppressed in need of free legal aid, their role as officers of Court, art of advocacy, Court craft, aspirations from Judges, maintaining Court decorum, observing technical/factual/legal aspects of civil and criminal trials including technicalities involved in recording of evidence and other latent nuances of Court practice and consequent effects on social and national canvas.
Practical experience has direct bearing on the quality of judgment and a poor judgment leads to multiplicity of litigation. Due to lack of practical experience, fresh judiciary entrants do not have patience and maturity to deal with complex cases of facts and law and are naive to canons of conduct and etiquette adopted as general guidelines in Court room.