(A detailed version of this chapter in notes #301.007 on http://facebook.com/mehtarahulc )
Download this chapter 7 : http://www.righttorecall.info/301.pdf
7.1 Right to Recall judges via TCP
The day Ahmisamurti Mahatma Udham Singh or citizens of India manage to convince our PM to print three lined TCP in Gazette Notifications, I will submit the draft of Right to Recall SCCj (SCCj = Supreme Court Chief judge), RTR HCCj etc as an affidavit under clause-1 of TCP. My belief is that over 70 cr citizens will not oppose it and may register YES on it. And so IMO, using TCP, citizens may be able enact RTR SC-Cj , HCCj within 3-4 months. And within weeks after coming of RTR over judges, corruption in courts will become near zero.
If RTR-activists insist on waiting till they get majority in Parliament and then enacting Right to Recall laws, then there is possibility that RTR-activists will be waiting for seven life times. Because even if pro-RTR people get majority in the Parliament, there is possibility that their own MPs will sell out and refuse to pass RTR-SC-Cj law-draft. E.g. in 1977, Janata Party MPs had promised to pass Right to Recall laws before election, and after getting elected, later they refused to pass Right to Recall laws. So IMO, RTR-activists should focus on creating mass movement to get TCP printed in Gazette Notification rather than elections.
So please note – our proposal is NOT that we will come in power and will enact RTR-SCCj-law-draft. And we do not insist that PM should be forced to print RTR-SCCj-law-draft in the Gazette. Our proposal is — we, citizens of India, should ask PM to take public opinion using TCP on whether RTR-SCCj-draft should be printed in Gazette or not. The public opinion will enable PM to decide whether RTR-SCCj-draft should be printed or not.
7.2 Constitutional validity of draft of RTR SC-Cj
India’s intellectuals are Murti-pujak i.e. Nyaya-Murti-pujak i.e. they all worship SCjs and HCjs. So all intellectuals have hated Right to Recall Supreme Court Chief judge as it makes citizens more powerful than SCjs. So intellectuals have resorted to their pet argument — the Gazette Notification draft I have proposed for Right to Recall Supreme Court Chief judge is unconstitutional. To all these intellectuals, I have asked one question : can you show me the which of the ten clauses in draft is IYO unconstitutional? And till date no intellectual has dared to point out the clause and they re-iterate – the draft is unconstitutional.
If an RTR-activist insist on waiting till they get majority in Parliament and then enacting RTR laws, then there is possibility that RTR-activists will be waiting for 2 life times. First they may never get majority in Parliament. And worse, even if they get majority, there is possibility that their “own” MPs will sell out and refuse to pass RTR-SC-Cj law-draft. E.g. in 1977, Janata Party MPs had promised to pass RTR laws before election, and after getting elected, later they refused to pass RTR laws. So IMO, RTR-activists should focus on creating mass movement on getting TCP printed iun Gazette rather than elections.
7.3 Draft for the Gazette Notification that would create Right to Recall SC-Cj
|ProcedureFor||Procedure / instruction|
|1||–||(1.1) The word “may” does not imply any moral-legal binding.(1.2) SC-Cj means Supreme Court Chief judge.(1.3) SCj means Supreme Court judge.(1.4) This GN will come into effect only after all over 50% of all citizen-voter have registered YES over it and there after every SCj has approved this GN.|
|2||PM (or his Secretary he designates)||If any citizen of India above age of 30 years wishes to become NRJ (Nationally Recognized Jurist) , and he appears in person or via a lawyer with affidavit before PM or designated Secretary of PM, the Secretary of PM would accept his candidacy for NRJ after taking filing fee same as deposit amount for MP election.|
|3||Talati ,(or Talati’s Clerks)||If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the NRJ position, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved.|
|4||Talati||The Talati will put the preferences of the citizen on district’s website with citizen’s voter-ID number and his preferences.|
|5||Talati||If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.|
|6||PM’s Secretary||On every 5th of month, the PM’ Secretary may publish Approval counts for each candidate as on last date of the previous month.|
|7||PM||If a candidate gets approval of over 15 cr registered citizen-voters in India, then PM may appoint him as NRJ|
|8||PM||If an NRJ gets approval of over 37 crore of citizen-voters and the Approval count is 2 cr more than all NRJs, then PM may send the name of the most approved NRJ to the Chief Judge of India asking him if he is appropriate and Constitutionally correct for the position of Supreme Court Chief judge.|
|9||PM , all Loksabha MPs||1. If the CjI and every other SCjs recommend that the most approved NRJ should be new CjI and the existing CjI resigns, within 30 days, then and then only the PM may appoint that NRJ as Chief Justice of India.2. However, if any one of the Supreme Court judge refuses to accept appointment of NRJ as the Chief judge, or gives no response within 30 days, then PM and all MPs may cancel their recommendation and may resign and may declare new election. Their decision will be final.|
|10||District Collector||If any citizen wants a change in this law-draft, he may submit an affidavit at DC’s office and DC or his clerk will post the affidavit on the website of Prime Minister for a fee of Rs 20/- per page.|
|11||Talati (or Patwari)||If any citizens want to register his opposition to this law or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of the Prime Minister.|
The proposed GN may effectively implement replacement of CjI. And the proposed GN does NOT violate any article in the Constitution.
7.4 West has no such RTR judges law-draft. Why do we need it?
I have been campaigning for the procedures by which we commons can expel PM, CMs and judges. All eminent disintellectuals (kubudheejeevi)have opposed this demand and tried tooth and nail to show that it is unconstitutional. Having failed, they say “West does not have this procedure to remove SCjs and so why should we have this procedures?”
First, West does have procedures to expel High Court Chief Judges in many states (the position in their country is – Supreme Court Chief Judge of State Court), and Right to Recall lower court Judges is there in most district. e.g. Citizens in California have Right to Recall California Supreme Court Chief judge, equivalent to our High Court Chief judge. These procedures do keep a threat level on Federal Supreme Court judges. And in when US was founded, the States were more powerful than Union and none of the Constitution writers could see that one day Supreme Court of Union will become so powerful. Also, Right to Recall some 220 years ago at National level was logistically unviable. And in US, trials are decided first by Juries over which SCjs have no control. The verdicts of SCjs are NOT binding on Juries. So the SCjs in US do not control lower courts. But till that law-draft stabilizes, SCjs will have powers. So we commons of India must have procedure to put a check on the SCjs.
Nevertheless, USA doesn’t have Right to Recall Supreme Court Judges. The citizens in US have suffered, but not as much as citizens in India did. That is because in US, some 50% adults have guns, which ensures that elitemen will neither ask nor allow SCjs to stoop low beyond a level. Besides, problems of US are with US. As far as India goes, Satyarth Prakash clearly says that “Raja must be Prajaa-aadheen, or else he will rob the citizens”. Same way, SC-Cj must be Praja-aadheen or else he will rob the citizens. No wonder why we have SC-Cj giving bail to pedophiles convicted by lower courts.
7.5 National judocratic Commission is a useless idea
The eminent intellectuals have demanded National judocratic Commission, wherein some 5-15 people will have powers to appoint and expel HCjs and SCjs. These 10-15 people will sell out of MNCs and Indian elitemen and all the courts will become fiefdom of MNCs and Indian elitemen after NjC comes. We support ”Right To Recall SCjs” and oppose National judocratic Commission proposal. Furthermore, in the NjC proposal as demanded by the eminent intellectuals does not have procedure by which we commons can expel/replace NjC members. And the eminent intellectuals have opposed procedure to replace NjC members in their NjC proposal. So NjC members will only act as corrupt puppet of elitemen.
The NjC proposal is because the old elitemen want to block the judges who have nexuses with new elitemen from getting too much power. IOW, NjC proposal is old elitemen vs. new elitemen game and there is nothing for commons.
7.6 Lokpal bill without RTR-Lokpal is a useless idea
The Lokpal will become MNC-agent, corrupt and will form cross-nepotic nexuses with Supreme Court judges and so Lokpals will do nothing to reduce corruption and nepotism in SCjs. The so called Janlokpal with no RTR-Lokpal bill (proposed by The Anna in Apr-2011) says that if a Janlokpal becomes corrupt, Supreme Court judges can remove him. And at the same time, Lokpals have power to initiate inquiry against Supreme Court judges. This cross links will only ensure one thing — Supreme Court judges and Janlokpals will form passive nexuses i.e. ignore corruption and nepotism of each other and will also gradually form cross-nepotic nexuses i.e. relative lawyers of Janlokpal will practice in Supreme Court and relatives of Supreme Court will practice in offices of Janlokpals.
Further, in National judocratic Commission as well as Lokpals, the Lokpals and NjC members will ask for proof for corruption. Now if an SCj is stupid enough to take bribes in cash before camera, then surely there will be a proof. But if that SCj is smart enough to use a friend lawyer as an agent, and that SCj will never caught unless narco-test of that friend lawyer is taken. Also, if SCj takes bribes in Mauritius Bank or Swiss Bank account, then also there will never be a documentary proof. Hence Lokpal or NjC will dismiss the complaint without action. Same way, if an NjC member or a Lokpal takes bribes via relative lawyer or friend and keeps money in Mauritius Bank or Swiss Bank account, the complainer will never be able to get proofs and so SCjs will dismiss the complaints. That’s why Jan Lokpal, without Right to Recall Lokpal is useless.
7.7 How can YOU help in bringing Right to Recall Supreme Court Chief judge law in India?
Please read chap-13 of this book. It has several steps where-in you can spend 6 hours a week and help to bring RTR-SCCj drafts in Gazette in India. The steps involve distributing pamphlets, informing citizens on motives of leaders such Congress MPs, BJP MPs, The Anna etc who oppose RTR-SCCj, giving newspaper ads, contesting elections on RTR, RTR-SCCj, MRCM, TCP etc. Once TCP gets printed in Gazette, RTR-SCCj will get printed in 1-2 months.