It is heartening today to see a news-item in a popular daily that informs about efforts of the Law ministry to bring in legislation to make the judges of the higher courts more accountable and transparent.

Whenever a person/judge is going to be appointed or promoted, his candidature with complete bio-data should be put on govt. website inviting complaints or suggestions from the members of the public so that threadbare scrutiny is carried out about his or her suitability for the august post.

The law ministry earns kudos for mooting a plan to prevent the judges from being members of clubs, from hearing cases of the companies in which they hold stakes. It also provides for fixed time-limit for pronouncing decisions and prohibits intermingling with members of bar etc.

These all arise from malaise which we come across daily on practical surface. I have records to prove that the interests of bureaucrats and influential politicians have got precedence over ordinary citizens more so in recent times.

Patna Golf Club is case in point which is rendezvous of influential people. It has become so powerful that every effort of the Union govt. or state govt. to take over about 100 acres land for expansion of airport or botanical garden has been foiled tooth and nail. It is also a place that conspiracies are hatched and mutual benefits are achieved through dubious means. This club started by Gora sahibs has passed as legacy of thraldom to present-day black sahibs.

Castism and nepotism apart from other avenues of corruption are among other nagging problems which should be taken into the legislative account.

To my mind failure of the judicial system to provide quick and quality justice to the deservingly needy people is the root cause of naxalism. If we see the pattern which emerges through the “red corridor” we notice that poor people are sapped of their blood in litigations for generations without a future hope.

I urge the law minister to lay down norms for decisions by courts in sync with technological advancements. For example:-

It should be mandatory for every judge to

1. Note down a brief facts relevant to the case(only very few judges do this).

2. Mention complete relevant submissions of both parties.

3. Take note of W/S, Counter affidavit and rejoinder without fail.

4. Reason with the citations quoted or advanced during argument.

5. Give clear finding.

6. Finally deliver the decision

An order-format be deviced to provide for spaces incorporating the above items. This way the decisions can be made more programmed ,predictable and confined strictly only to law and facts thus the element of arbitrariness will be eliminated.

There are some judges who labor hard and deliver memorably land mark judgments. But a new trend has set in where instead of adjudicating the issues, cases are sent back to the executive for reconsideration. We have seen in a vast majority of cases the official respondents pass the same orders forcing the aggrieved to file cases again.

Hon’ble Patna High Court has just announced to put on net all its decisions for public viewing. It is a small nevertheless remarkable step towards transparency.