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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
L E T T E R S    T O    T H E    E D I T O R

Judges need to serve longer

The editorial “Judges’ retirement” (Feb 24) has succinctly analysed the pros and cons of the move for raising the retirement age of judges of high courts and the Supreme Court. But the moot question is whether such a move will be really worthwhile and will be effective in reducing the delay in disposal of cases?

Another point is if there is no retirement age for political leaders, why should judges retire at an age when they are mentally and physically at the peak of their performance? The other side is that in a country where employment crunch is a pressing issue, increasing retirement age would tantamount to shutting the doors on youth.

No doubt, with the advance of medical sciences longevity has increased manifold. Yet such a move should not be implemented in haste. I would suggest that instead of raising the age of retirement, a provision in the Constitution should be incorporated that competent, medically fit and persons of proven integrity and intelligence would be appointed after retirement for a limited period.

AJAY K JINDAL, Ludhiana




II

The editorial makes a strong case for increasing the retirement age of judges in the wake of plethora of litigations and other tribulations of the justice delivery system. It has been rightly pointed out by the National Commission to Review the Working of the Constitution that judges become better after 60 years. Decades of experience help them to speedily dispose of cases.

The same parameters should also be applicable to other professional fields, especially medical education, which is crumbling for want of qualified and experienced medical teachers in medical colleges, both in public and private sector. If politicians can steer the destiny of the nation at a ripe age surely doctors can serve the nation till their physical and mental abilities permit them.

Dr AMRIT SETHI, Bathinda

Electoral reforms

Immediate requirement of electoral reforms cannot be better emphasised than as was done in V. Eshwar Anand’s article “Electoral reforms: Election Commission has to do a lot more” (Feb 17). Unfortunately, politicians are not interested in changing the system which serves their own interests.

LT COL JIWAN SHAROTRI (retd) , Kasauli

Indo-Pak talks

Much is being said for and against talks with Pakistan. While Pakistan wants Kashmir to be on the top of the agenda for talks, India wants terrorism to head the list. Posturing apart, it is in the interest of both countries to talk and resolve their problems.

We have serious problems of poverty, deprivation, illiteracy and health care and so is the case with Pakistan. Statesmanship demands that we don’t play into the hands of other powers. Will wisdom dawn on us?

R.J. KHURANA, Bhopal

Cash at door

The investigation into the delivery of cash at the judge’s door last year had begun in earnest. The case was transferred to the CBI and the CJI nominated three judges for an investigation and the judge concerned was denied judicial work.

In between, while the investigations were on, out of blue came the former Attorney General, Mr Milon Banerjee, who just before demitting his office advised the government that no case exists against Justice Nirmal Yadav.

The CBI applied for the closure of the case for want of sanction from the CJI who has denied having received such a request from the CBI. What is more perplexing is that the report of the three judges is not being made public in spite of earnest requests made by retired judges. At the end of the day, the Law Ministry claims that no case was made out against Justice Nirmal Yadav and hence she is transferred to another High Court, leaving the people confused.

Lieut (IN) SUKHDEV SINGH GILL (retd), Jagraon






Cornerstone of democracy

Kuldip Nayar in his article “Why Justice Shah couldn’t make it to SC: The collegium must provide an answer” (Feb 22) has expressed genuine concern about the independence of the judiciary, which is the cornerstone of our democracy.

The framers of our constitution understood the need for an independent judiciary and ensured that our judges deliver justice impartially, fearlessly and without any political influence. The method of selection of judges of the Supreme Court by a collegium of the senior-most judges of the Supreme Court has been evolved with the objective of ensuring the independence of the judiciary.

It is a pity that the threat to impartiality and independence of the judiciary has come from within the system. The manner in which Justice Shah has been kept out to settle scores by one of the members of the collegium creates doubts about the system itself.

JAGDISH MITTER GANDHI, Gurgaon

 





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