Second National Convention of Lawyers Forum for Social Justice
demands Reservation in Higher Judiciary and in Private Sector
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Fruitful ideas were exchanged, and the demand to provide
for reservations to the disadvantaged sections of society in
the Higher Judiciary and in the Private Sector was put forward at the Second National Convention of the Lawyers’ Forum for Social Justice at Maulankar Hall, New Delhi on 2nd and 3rd March, 2008.
Former Judges of Supreme Court and High Courts, senior advocates, young lawyers and Social Justice activists from various states of India participated in the Convention on both the days. Union Ministers, Members of Parliament and the Deputy Speaker of Lok Sabha addressed the gathering.
The Convention was inaugurated by Hon’ble Deputy Speaker of Lok Sabha, Mr. Charnjit Singh Atawal in the morning on 2nd March.
Mr. Ranbir Yadav, advocate, Supreme Court and Chairman of Reception Committee delivered the welcome address.
Mr.A.Subbarao, advocate, Supreme Court and Managing Trustee of the Forum gave a report of the activities of the Forum from 2002.
Mr. V.Hanumatha Rao, Chairman, OBC Parliament Members Forum and Mr. Radhakant Nayak, Chairman, SC Parliament Members Forum stressed the need for implementing Social Justice in executive, judicial and educational fields as well as in private sector to enable the deprived sections to get equal opportunities and to come up in life.
The forenoon session came to an end with Mr. Vinod Diwakar, advocate, Supreme Court and Secretary, Reception Committee proposing the vote of thanks.
Dr. Justice Ramaswamy, retired Judge, Supreme Court, cited instances of judgements that go against the letter and spirit of the Constitution as for as issues of Social Justice are concerned. He pleaded for concerted efforts to be taken to ensure adequate representation for different communities in the three Constitutional organs - executive, legislature and judiciary.
In the afternoon session, Justice K.Sukumaran, former Judge of Bombay High Court and Executive Chairman of the Forum stressed the need to implement in judiciary, the recommendations of Sudarsan Natchiappan Committee. He paid glowing tributes to Periyar for his significant role in making the Vaikom struggle (1924-25) a success, thus winning civil rights and human dignity for the suppressed and the oppressed.
Mr.G.Karunanidhy, General Secretary of the All India Federation of Backward Classes Employees Welfare Associations, explained how Periyar was responsible for the First Constitutional Amendment in 1951 to safeguard the provisions for reservations in education and employment spheres for the SCs, STs and BCs. He also dwelt upon the manner the Periyar movement is accomplishing various achievements in the field of Social Justice.
Prof. K. Ravi Varma Kumar, Senior Advocate of the High Court of Karnataka, former Chairman of BC Commission in Karnataka and Trustee of the Forum cogently argued for the need to constitute a broadbased National Judicial Commission for the purpose of selecting the judges of Higher Judiciary without any bias and for implementing the Constitutional mandate of upholding Social Justice. Mr. Ramdas Bandu Atawale spoke about the need to uplift the weaker sections through special measures to make democracy and the goal of establishing a welfare state meaningful.
Justice A.K.Rajan, former Judge of Madras High Court explained the need to limit the contempt of court proceedings to judicial orders.
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Dr. E.M. Sudarsan Natchiappan, Chairman, Parliamentary Committee on Judges Inquiry Bill spoke about the reforms to be effected in judiciary; he said disciplinary action should be taken on erring judges; the system of selecting judges through the system of Collegium deprive the legitimate opportunities of the underprivileged classes. A Brahmin Judge of the Supreme Court has used his high office in the selection of his daughter as a High Court Judge; she may soon be selected to be a Supreme Court Judge. To stop such unfair practices a Judicial Commission should be constituted for selecting judges, he said.
The morning session of the convention on the second day (3-3-2008) began with a meaningful discussion of the need for a comprehensive legislation on the judges appointment, their conduct and the disciplinary action against those who misuse the office. Justice B.S.A.Swamy, Retired Judge of the High Court of Andhra Pradesh, presided over the session. While addressing the gathering, Hon’ble Union Minister for Chemical and Fertilizers, Mr. Ram Vilas Paswan, appreciated the approach of the monthly magazine, The Modern Rationalist, edited by Dr.K.Veeramani, in promoting the principle of Social Justice, the implementation of which is essential to educate and empower the socially and educationally backward classes.
Mr. K.Venkatapathi, Union Minister of State for Law and Justice, and Dr. Udit Raj, National President of Indian Justice Party, spoke on the social set-up in India and the need to follow a policy of positive discrimination to give equal opportunities to various sections of people.
The Dravidar Kazhagam President and Chairman of the Forum, Dr. K. Veeramani, pointed out, in his speech in the valedictory session, that the constitutional provisions to promote Social Justice should be implemented in letter and spirit. It is judicial interpretation that has given scope for the selection of judges for the Higher Judiciary under the method of Collegium. It has taken away from the Executive the authority to accommodate the just claims of the STs, SCs, OBCs, Minorities and women. The lawyer-delegates from the State of Chattisgarh have told a very unpleasant news that gives a picture of the unjust situation prevailing in the judiciary regarding the selection and appointment of judges to the Higher Judiciary. The sanctioned strength of Judges of the Chattisgarh High Court is 16. But there are only 7 judges currently posted. Among them five are Brahmins and the other two are from forward Kayastha Community. The representation for the under-privileged is nil. The qualified and deserving candidates from the disadvantaged communities under the present method of selection are neglected, Mr. Veeramani averred.
He referred to the cabinet decision to increase the strength of the Supreme Court and said that before filling up the vacancies the method of selecting judges by the Collegium should be changed. National Judicial Commission should be constituted for selecting judges to the Higher Judiciary. It should be broad-based including the members from the less privileged sections of the society. This can be done under Article 312 of the Constitution. There is no need for Constitutional Amendment, it is enough to pass an Act by the Parliament.
He informed the audience of the March 8th demonstration organised by Dravidar Kazhagam demanding adequate reservations for various deprived communities in the High Courts and the Supreme Court.
Resolutions: The Convention passed two resolutions: One demanding the Constitution of a broad-based National Judicial Commission to select judges to the Higher Judiciary, and the other urging the need to make reservations in the Private Sector.
Some of the lawyers who participated in the Convention from Tamil Nadu are: K. Mahendran, State President, D.K.Lawyers’ Wing, advocates Amar Singh, S.Inbalathan, P.K.Rajendran, D.Veerasekaran, K.Rajasekaran, K.Ganesan, Ms. Veeramarthini and Ms. Thilakavathi.
Participants were full of praise for the organisers of the convention. They made special mention of the unfailing zeal, and dedicated and strenuous efforts of Justice B.S.A.Swamy in winning the legitimate rights of the downtrodden. |
