Bootstrapping ---- RLPP over District Heads
Proposed administrative procedure - PROSEC.02
Election/expulsion   of   District   Prosecutors
- Existing procedure to appoint/expel district public prosecutors
- Flaws with existing appointment/explusion procedure
- Proposal PROSEC.02 : Election/recall of District Prosecutors
- Draft of the act to create procedure PROSEC.02
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.
PROSEC.02 is one of these proposed laws. (to see the list of some of the laws, please click here). The proposed law PROSEC.02 creates a LESS nexusprone mechanism to appoint/expel public prosecutors who defend the "people" in the lower courts.
Existing procedures to appoint/expel District prosectors
The district public prosecutors are appointed/expelled by Law Ministers. The ONLY requirement is that he must be a lawyer with some (1-3 years) of experience.
How/Why citizens suffer due to above appointment/explusion rules
The citizens have NO control over Law Ministers, who have ALL the powers to appoint/expel public prosecutors. And so citizens have zero control over public prosecutors. The public prosecutors are seldom transferred, and work in SAME district for years and years. So it is obvious that they become nexused with the local criminals, and also with the local policemen, officers, MLAs/Ministers and even judges etc.
Election/recall of District Prosecutors
The summary of the procedure I am proposing is as follows
- Each 4 years, the district will elect Chief Distict Prosecutor. The citizens may expel him using RLPP. To see the details of RLPP to replace/expel an officer, please click here.
- The State's Law Minister will recruit Junior Public Prosecutor using written tests ONLY (NO interviews). Any person above 30 years with LLB and over 4 years and 100 cases of experience in lower courts may appear in the test.
- At random basis, the Junior Public Prosecutors will be transferred from district to district for a term of 3 years. A person can serve as Junior District Prosecutor for at most 12 years. If a Junior Prosecutors has worked in a District, he cannot work as a lawyer in THAT district's courts for next 10 years.
- The City Prosectors will work under the supervision of Chief District Prosecutor.
- The Chief District Prosecutor will allocate cases to Junior District Prosecutors at his discretion. He can prosecute a person ONLY, after the approval of the Grand Jurors.
- If a person has complaint/evideces against a Junior District Prosecutor, he may file a complaint and present the evidences before the District Grand Jury. And if Grand Jurors see a prima facie case, they may call a Jury to examine the complain.
- If over 8 out of 12 Jurors declare the Prosecutor as "unfit to serve the citizens", the Law Minister will transfer him to another district. After three such transferred, he will be expelled.
Draft of the act to create procedure PROSEC.02
To enact the election/recall over District Prosecutors, an act will need to be passed in the Assembly. To see the the drafts, please click here.
Now citizens can ask MLAs to pass these laws. But IMO, it will be wiser for citizens to first enact procedure LM.02, and then use LM.02 to pass this draft WITHOUT any help from MLAs. To know about procedure LM.02, please click here.
Next - CT.12 : Election/expulsion of District Police Chief