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Journalism of Courage
The Law Commission of India has asked the Union Law and Justice Ministry to ensure that uncle-judges syndrome is eliminated by not posting any judges in a High Court where their kin are practising.
In its 230th report submitted to the Law Ministry early this week,the Commission has also sought transparency in the system of appointment of judges.
While various NGOs and lawyers organisations have been voicing
this demand,a government organisation has talked of the uncle-judge syndrome in clear-cut terms for the first time.
The Commission,headed by former Supreme Court Judge A R Lakshmanan,has said,The post of judge of an HC has importance under our Constitution and the incumbent is supposed to be not only fair,impartial and independent but also intelligent and diligent.
Pointing out that government officers Class II and upwards are not given posting in their home district except in some special circumstances,the Commission has said similarly judges should not be posted in the same HC where they have practised. This will eliminate uncle-judges, the report says.
On the system of judges appointment to the HCs,the Commission has said,Sometimes it appears that this high office (HC Judge) is patronised. A person whose near relation or well-wisher is or had been a judge in the higher courts or is a senior advocate or is a political higher-up,stands a better chance of elevation. It is not necessary that such a person must be competent because sometimes even less competent persons are inducted. There is no dearth of such examples. Such persons should not be appointed,at least in the same HC.
However,on the issue of appointment of Chief Justice (CJ),the Commission has gone against popular perception,holding that the CJ of an HC should have been a judge in the same HC. If the CJ is
from the same HC,he will be in a better position to not only control the lower judiciary but also to assess the persons from both the Bench and Bar for elevation to the HC, it has said.
