New Delhi, Apr 19 (UNI) Regretting that the judiciary was increasingly framing its judgements to uphold the free market principle and the policies of privatisation, Kerala Chief Minister VS Achuthanandan today said there had also been a series of judgements undermining the rights of the working class and in favour of the property owners and capitalists.
Speaking at the Conference of Chief Ministers and Chief Justices of High Courts, he said judiciary is not expected to substitute policy or administrative functions at any level." However, a tendency was, of late, seen on the side of the judiciary to impair the balance." In this context, Mr Achuthanandan cited a series of judgements given on the right of educational institutions to fix fees and frame admission policies in professional institutions in his state.
He also regretted that the Supreme Court insisted on curbing collective protests such as bandhs and hartals.
Opposing the present system of appointment of judges by the higher judiciary itself and without giving any role to the state government, Mr Achuthanandan said the judiciary might be able to assess the legal knowledge of a candidate, but not his social vision or dedication to the society, honesty or integrity.
He wanted the Centre to set up a Judicial Commission for selection of judges to High Courts and the Supreme Courts.
The Chief Minister expressed displeasure at the poor representation to the SCs, STs, Backward communities and women in High Courts and Supreme Courts.
He complained against judges passing uncharitable comments instead of confining to the subject matter and adjudicating the dispute, and said certain judges were disposing cases without adjudicating the dispute, which often led to multiplicity of proceedings.
"Judicial discipline should be maintained in making comments and in substituting judicial orders for executive or administrative orders," Mr Achuthanandan said, while suggesting that summoning high officials to court should be restricted to whenever it was absolutely necessary.
He demanded that the practice of disposing cases without adjudicating the dispute should be stopped forthwith.
Mr Achuthanandan wanted states to be given sufficient time for filing counter affidavit and written statements. Fast judgement should not be imposed against the state.
UNI SH AKJ KP1617