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Draft   to   enact   procedure  
CT.08   ---   Election   and   explusion   of   Lower   Court   Judges





  DRAFT-1 : Transfer of powers to appoint Lower Court Judges to States (citizens need to pass this draft in the Parliament)

 
  1. The State Assembly, after passing a resolution, can request transfer of power to appoint the Judges in the Lower Courts.

  2. The Assembly must pass the resolution with DIRECT YESes from over 33% of voters of the State, not merely the YESes of MLAs.

  3. Till a State does NOT request transfer of powers to appoint the Judges in the Lower Courts, the Judges in the Lower Courts in that State will be appointd by The Chief Judge of the High Court of that State.

-------------------------------- End of DRAFT-1 --------------------------------

  DRAFT-2 : Transfer of powers to appoint Lower Court Judges to Districts (citizens need to pass this draft in the Assembly)

 
  1. The District Panchayat, after passing a resolution, can request transfer of power to appoint the Judges in the Lower Courts.

  2. The District Panchayat must pass the resolution with DIRECT YESes from over 33% of voters of the State, not merely the YESes of MLAs.

  3. Till a District does NOT request transfer of powers to appoint the Judges in the Lower Courts, the Judges in the Lower Courts in that district will be appointed by The Chief Judge of the High Court.

-------------------------------- End of DRAFT-2 --------------------------------

  DRAFT-3 : Election and expulsion of Judges in Lower Courts (citizens need to pass this draft in the Panchayat)

 
Section   1   :   Preamble
  This Act is to create a less nexusprone procedure to appoint/expel Judges in the Lower Courts.

Section   2   : Format of the act
2.1 Many of the clauses of this law are procedures or instructions, which may be an order or a request. The clause has list of persons for whom that procedure/instruction is meant for.

Section   3   : Appointments of senior officers and their main powers
3.1 [Person responsible for this procedure/directive: Sarpanch ; Purpose: Appointment of senior officers] Within 2 days after passing this law, the Sarpanch will appoint 1 Registrar and 1 Election Commissioner for the District.

Section   4   : Procedure for citizens to replace DEC (District Election Commissioner)
4.1 [Person responsible for this procedure/directive: Registrar, Registrar’s clerks] A citizen residing in India can present his ID and specify the serial numbers of (at most 5) candidates he Approves for the position of DEC. The clerk will enter the requests in the system and give the receipt to the citizen. The citizen to change his choices any day any month.
4.2 [Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
4.3 [Person responsible for this procedure/directive: Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
4.4 [Person responsible for this procedure/directive: Sarpanch ; Purpose: Replacement of DEC] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters, the Sarpanch will appoint him as new DEC within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing DEC, the Sarpanch will appoint him as new DEC within 2 days. The Sarpanch will not remove DEC, previously approved by citizens, unless Approval goes below 20% of ALL citizens.
4.5 [Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for DEC] Any citizen of India who wants citizens’ Approval for the position of DEC can register himself with the Registrar. The Registrar will charge a deposit of Rs 1000 and a monthly fee Rs 100 per month. There will be no fee after over 2% of ALL citizens have approved the candidate.
4.6 [Person responsible for this procedure/directive: Registrar ; ] Word "citizen" in the context of Approval, means citizen above 18 and registered voter resident in the city

Section   5   : Holding Election of Judges for the Lower Courts in the District

5.1 [Procedure for District Election Commissioner] The District Panchayat Members will decide the number of Lower Courts that the citizens of District need to resolve the cases.
5.2 [Procedure for District Election Commissioner] Upon the Sarpanch's direction, the DEC will conduct the election for Chief District Judge and Deputy Chief District Judge every 4 years. Any citizen of India above 30 years, and who has passed LLM examination from a University recognized by the Central Govt of India at least 5 years before the election is declared, can be a candidate for eighter of the two posts (but not both). Each citizen can cast upto 2 votes for Chief Judge and 2 votes for Deputy Chief Judge. The Mayor will nominate the candidate with highest number of votes as Chief Judge and Deputy Chief Judge.
5.3 [Procedure for Sarpanch] If the Chief Judge's position becomes vacant before next election, the Sarpanch will nominate the Deputy Chief Judge as Chief Judge for the remaining term.
5.4 [Procedure for DEC] The DEC will hold election of 1/8th of District Judges every 6 months or 1/4th of the District Judges every year as District Panchayat may decide. The Judges' term will be for 4 years. If a seat becomes vacant before 4 years, the DEC will conduct an election for that seat in the next round of election. The term will end at the end of 4 years.
5.5 [Instruction for DEC] In the election of Judges, any person who qualifies to be a candidate for Chief Judge can be a candidate for the Judge. If there are N candidates, the DEC will allow every voter to cast at most 2N votes. The N candidates who get highest number of votes will become the Judges.
5.6 [Instruction for DEC] A person can serve as Judge or Chief Judge or Deputy Chief Judge in a District Court for at most 8 years.
5.7 [Instruction for District Judges] The Chief District Judge, the Deputy and other Judges will run the courts as per the rules made by District, State and Central Govt, and will issue the verdict as given by the Jurors.

Section   6: Procedure for citizens to expel a District Court Judge

The citizen can expel a District Court Judge, including Chief Judge or Deputy Chief Judge, using Jury Trial as described in "Jury Trial over Minicipality Staff" Act. (*)

Section   7   : Other Details
7.1 The rupee amount used in this text uses July-2000 price levels. The standing committee can adjust the amounts every six months using RBI’s Inflation Index.
7.2 If the officer does not execute a procedure or ignores an instruction stated in this Resolution/Act, a citizen can file a complaint before the Grand Jurors. In case there are is no Grand Jury, the citizens can appeal to the Mayor to setup a Grand Jury. But under this law, a citizen cannot complaint before PM, Corporators, PM, MLAs, PM, or MPs.
7.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the DRAFT-3) -----------------


(*) -- To see the text of proposed "Jury Trial over Municipality Staff" Act, please click here.