Boostrapping : CT.07 - Jury Trials in Supreme Court
Bootstrapping
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Proposed administrative procedure - CT.07
Jury Trial in Supreme Court
Purpose : To reduce nexusproness in Supreme Court
Pre-requisite reading : Why Jury System is superior than judge system
Contents
- Background
- Problem with existing Supreme Court
- Proposed improvement : CT.07
- Advantages of CT.07
- Draft of the act to create procedure CT.07
Background
The purpose is to bring India's administration/courts at par with West. How? By improving record keeping in GoI-offices and reducing nexuses in GoI-offices and courts. How? We would need several laws to achieve that.
CT.07 is one of these proposed laws. (to see the list of some of the laws, please click here). The proposed law CT.07 creates a LESS nexusprone mechanism to decide if an accused employee of city/district govt should be expelled/punished or not.
Problem with existing Supreme Court
A Supreme Court judge's career is some 15-35 years long. During his career, he may worked as lawyer in lower courts, High Court or Supreme Court. And he may have earlier been a lower court judge or High Court judge for several years. After becoming judge in Supreme Court, there are no transfers, and term is till he retires at the age of 65, which may be 1-7 years long.
It is basic nature of human to form nexuses with surrounding humans. Given such a long career, it is obvious that Supreme Court judges end up forming nexuses with lawyers, criminals and wealthy individuals who cater these judges. These nexuses invariably impair their judgements and only end up helping the career criminals.
Proposed improvement - CT.07 : Jury System in the Supreme Court
There can be several ways to implement Jury System in Supreme Court, of which I propose the following :
- Any person which wants to file an appeal against a verdict of High Court will send his case to Law Minister of India who will randomly select 3 States other than the State's High Court which has given the judgement.
- The appeal will be sent to the Grand Juries of these 3 High Courts.
- The Grand Juries and Juries in these 3 High Courts will conduct the hearing of the appeal independently. If over 2 High Courts reject the judgement of the orginal HC, then the judgement will stand cancelled. Otherwise the judgement will be confirmed.
Advantages of CT.07
- The Jury System is less prone to judge-lawyer nexuses.
- The Jury System is less prone to judge-criminal nexuses.
- The Jury System is faster, as each Jury is given ONLY one case, unlike judge, who is loaded with 100s of cases. So the verdict would come within days.
So by all means, using Jury in Supreme Court gives a far less nexusprone and yet faster method than existing one.
Draft of the act to create procedure CT.07
To enact CT.07, the citizens would need to pass an act in the Parliament. I have written that draft. To look at the draft, please click here.
It will be wiser for citizens to first enact procedure LM.03, and then use LM.03 to pass this act. To know about procedure LM.03, please click here.
If you have any other question, please mail it to MehtaRahulC@yahoo.com. Thousand thanks in advance.
Next - CT.09 : Disclosure rules for Govt Officers