People's Democracy

  DECLARATION ADOPTED BY AILU SEMINAR

Following is the text of declaration adopted by the seminar on “Corruption in Judiciary, Accountability and Reform of Judicial System”, organised by All India Lawyers Union (AILU) in New Delhi on May 8, 2005.

THE successive string of events has shown that the judicial system has virtually collapsed and is incapable of delivering justice to the people. The increasing corruption and other inherent defects have put the seekers of justice in a highly vulnerable position; they being pitted against a highly inefficient and corrupt system. No relief can be secured where archaic laws and procedure account for unbearable expense, inordinate delays and denial of justice in a contest against the rich, powerful and politically and socially influential adversaries. It has now become evident that none in the establishment is interested in changing the system of which they themselves are a part. It is only the seekers of justice who have to take up the fight against corruption and changing the system.

Having perceived the situation it is of utmost urgency that a movement be built against corruption and for changing the judicial system to make it within reach of the people and effective against those who wield economic, social and political power in the established order. Such a movement is possible only if those who seek and need justice i.e., the consumer of justice, become active part of it and do not leave it to the government, the judiciary, the legal fraternity and those in establishment.

It is of foremost necessity to constitute an independent National Judicial Commission entrusted exclusively with the power to appoint and remove members of higher judiciary. Then there is the need to undertake thorough overhaul of the system. Archaic laws and procedure must be changed as also immunity against registration of a case against a judge without permission of the chief justice and exercise of contempt power, barring for non-compliance decree.

It is resolved that building of wider movement for reform in judicial system be taken up throughout the country involving wider sections of the consumers of justice.