White Paper On Higher Judicial Appointments: BCI

New Delhi,: The Bar Council of India has called on the government to come out with a ''white paper'' on transparency and accountability in appointments of judges in the higher judiciary.

In a petition last night to Lok Sabha Speaker Somnath Chatterjee and many other advocates in Parliament and the Union Cabinet, the Council stressed its ''great significance'' in view of ''the expanding horizons of judicial review of public administration.'' The occasion was a dinner to fete advocates in politics attended among others by Palaniappan Chidambaram, Lal Krishna Advani, Mamata Banerjee, Sushma Swaraj, Pawan Kumar Bansal, Ravi Shankar Prasad, Rangasamy Velu, Kashiram Rana and E M Sudarsana Natchiappan.

Close to a 100 lawyers are Members of Parliament, including several in the Union Cabinet. As many as 85 of them turned up.

The petition urged the 'distinguished guests' to look out for the fraternity in a range of ways-- from stipends for junior lawyers to easing senior advocates' way into arbitration, a preserve of retired judges.

On judicial appointments, it said: ''The present system of appointment in the higher judiciary--High Courts and Supreme Court--has often led to speculation and delay in appointments, thus affecting greatly the administration of justice.'' It recalled how a Bill introduced some years ago to establish a National Judicial Commission fell through.

''In order that transparency is ensured in the matter of appointment of judges in higher judiciary, a new look has to be given to the modalities and if necessary the related Articles of the Constitution of India such as Articles 124, 126, 217, 220 and 221 be suitably amended.

The Council ''also calls upon the government... to come out with a white paper in the matter of transparency and accountability in the appointments of judges in the higher judiciary, having great significance in public administration in view of the expanding horizons of judicial review of public administration.'' Speaking on the occasion, Chatterjee sought advocates' help to combat ''lawlessness'' in Parliament.

But alongwith light-hearted remarks, the Speaker gave a sober acknowledgement of trying conditions facing India's junior lawyers as well as litigants.

He drew attention to the plight of litigants. ''We should remember litigants,'' Chatterjee said, alluding to huge costs, delays and uncertainty involved in much of litigation.

Chatterjee also spoke of agony and frustration junior lawyers go through trying to make their way in the profession and thanked the Council for having raised the issue.

He cited a Karnataka government announcement of stipends for young lawyers, suggesting the need for similar gestures by other states and the centre-- and ''many rich lawyers who can help.'' The event was the first of its kind held by the Council, a statutory body of India's nearly million lawyers, and called by its Chairman Jaganath Patnaik ''a beginning.'' He and Vice Chairman Rajendra Raghuwanshi voiced hope for assistance to the Council in doing its work.

The petition stressed: -- Reviving the practice of consulting the Council on Bills pertaining to legal fraternity and justice delivery system; -- Securing government grants to enable the Council and State Bar Councils to discharge their statutory functions; -- Caution against some amendments proposed to the Evidence Act 1872 which could lead to injustice; -- Amending the law to hire experienced lawyers in arbitration calling it ''a rehabilitation centre'' for retired judges; -- Involving lawyers in National Legal Services Authority which was created to help litigants secure justice.

Banerjee, the former Railway Minister, was surprised why the government did not help finance the Councils to carry out their statutory role. ''We can fight the battle together,'' she said.

Chidambaram, the Finance Minister, who arrived early and greeted members, left after half-an-hour for another engagement.

Bansal, the Minister of State for Finance, spoke of more lawyers' chambers to be set up adjacent to the Supreme Court and other facilities.

The other speakers included Velu, the Minister of State for Railways, Rajya Sabha Member Virendra Bhatia and Lok Sabha Member N Y Hanumanthappa.

Bhatia, a former Uttar Pradesh Advocate General, recounted the UP government having granted Rs 100 crore for lawyers welfare and voiced hope that other states would take the cue. He did not specify what the funds were spent on.

Hanumanthappa, former Orissa High Court Chief Justice, saw the legal profession as highly neglected.

UNI