DRAFT-1 : Transfer of powers to appoint High Court Judges to States (citizens need to pass this draft in the Parliament)|
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DRAFT-2 : Election and expulsion of Judges in High Courts (citizens need to pass this draft in the Assembly)| |
Section 1 : Preamble
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This Act is to create a less nexusprone procedure to appoint/expel Judges in the High Courts.
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| Section 2 : Format of the act 2.1
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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.
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| Section 3 : Appointments of senior officers and their main powers 3.1
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[Person responsible for this procedure/directive: CM ; Purpose: Appointment of senior officers] Within 2 days after passing this law, the CM will appoint 1 Registrar and 1 Election Commissioner for the State.
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| Section 4 : Procedure for citizens to replace SEC (State Election Commissioner) 4.1
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[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 SEC. 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
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[Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
| 4.3
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[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
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[Person responsible for this procedure/directive: CM ; Purpose: Replacement of SEC] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters, the CM will appoint him as new SEC within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing SEC, the CM will appoint him as new SEC within 2 days. The CM will not remove SEC, previously approved by citizens, unless Approval goes below 20% of ALL citizens.
| 4.5
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[Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for SEC] Any citizen of India who wants citizens’ Approval for the position of SEC can register himself with the Registrar. The Registrar will charge a deposit of Rs 10000 and a monthly fee Rs 1000 per month. There will be no fee after over 2% of ALL citizens have approved the candidate.
| 4.6
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[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
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| Section 5 : Holding Election of Judges for the High Courts in the State 5.1
| [Procedure for State Election Commissioner]
The State Assembly will decide the number of High Courts that the citizens of State need to resolve the cases.
| 5.2
| [Procedure for State Election Commissioner]
Upon the CM's direction, the SEC will conduct the election for Chief High Court Judge and Deputy Chief Judge every 4 years. Any citizen of India above 35 years, and who has passed LLM examination from a University recognized by the Central Govt of India at least 10 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 Judge. The CM will nominate the candidate with highest number of votes as Chief Judge and Deputy Chief Judge.
| 5.3
| [Procedure for CM]
If the Chief Judge's position becomes vacant before next election, the CM will nominate the Deputy Chief Judge as Chief Judge for the remaining term.
| 5.4
| [Procedure for SEC]
The SEC will hold election of 1/4th of HCJs every year as State Assembly may decide. The Judges' term will be for 4 years. If a seat becomes vacant before 4 years, the SEC 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 SEC]
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 seats to be contested, the SEC 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 SEC]
A person can serve as Judge or Chief Judge or Deputy Chief Judge in a State for at most 8 years.
| 5.7
| [Instruction for HCJs]
The Chief Judge, the Deputy and other Judges will run the courts as per the rules made by State and Central Govt, and will issue the verdict as given by the Jurors.
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| Section 6: Procedure for citizens to expel a State Court Judge 6.1
| The citizens can expel a State Court Judge, including Chief Judge or Deputy Chief Judge, using Jury Trial as described in "Jury Trial over State Govt Staff" Act. (*)
| 6.2
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[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 |
6.3
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[Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
| 6.4
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[Person responsible for this procedure/directive: Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
| 6.5
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[Person responsible for this procedure/directive: CM ; Purpose: Replacement of Chief Judge and Deputy] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters, the CM will appoint him as new Chief Judge within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing Chief Judge, the CM will appoint him as new Chief Judge within 2 days. The CM will use the same rule for Deputy Chief Judge.
| 6.6
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[Person responsible for this procedure/directive: CM ; Purpose: Replacement of other Judges] If any candidate is approved by over 50% of ALL citizen-voters of the State, and his approval is 1% more than any of the existing Judges, the CM will appoint him as Judge within 2 days, and expel the Judge with lowest approval or who secured lowest % votes in his election.
| 6.7
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[Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for SEC] Any citizen of India who wants citizens’ Approval for the position of SEC can register himself with the Registrar. The Registrar will charge a deposit of Rs 10000 and a monthly fee Rs 1000 per month. There will be no fee after over 2% of ALL citizens have approved the candidate.
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| Section 7 : Other Details 7.1
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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 CM to setup a Grand Jury. But under this law, a citizen cannot complaint before PM, Corporators, PM, MLAs, PM, or MPs.
| 7.2
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The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case
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