Friday, March 27, 2009

9. The Fifth MRCM demand , promise - Procedure by which we commons can replace Supreme Court Chief judge

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9.1 Enabling Citizens to Replace Supreme Court Chief judge


The biggest reason why India ails is that we commons do not have procedure to replace PM and SC-Cj. Our forth EN we have proposed solves one of these 2 major flaws. Our 4th EN creates a procedure by which we commons can replace the PM. This website has the description and the draft of the Executive Notification which when PM signs will give us a procedure by which we commons can replace SC-Cj, if and when the need be. How to get this EN signed? We commons should force PM to sign the first EN, and the use first EN get this fifth EN signed.
  1. Any citizen of India can pay a deposit same as MP election deposit to the PM's secretary and register himself as a candidate for the position of NRJ (Nationally Recognized Jurist)
  2. Any citizen of that district can walk to Talati's office, pay Rs 5 of fee , approve at most five persons for the NRJ position. The Talati will give him a receipt with his voter-id#, date/time and the persons he approved.
  3. Acitizen can cancel his approvals any day as well. There wont be any charge for canceling of the approvals.
  4. The Talati will put the preferences of the citizen on district's website with citizen's voter-ID number and his preferences. On every 1st of the month, the PM's secretary will publish the approval counts of each candidate for each of the position
  5. If a candidate gets approval of over 51% of ALL registered voters (ALL, not just those who have filed their approval) then PM will send the citizens requests to the existing SCjs.
  6. If all SCjs recommend the request, the PM shall appoint him as CJI.
  7. But if even one SCj refuses the appointment then the PM and all Loksabha, Rajyasabha MPs may sign and call for new election.
The procedure to replace other judges is similar, but different and is described later.

9.2 Draft of the Executive Notification



Procedure for Procedure / instruction
1

- The word citizen would mean a registered voter
2
Cabinet Secretary
If any citizen of India wishes to become NRJ (Nationally Recognized Jurist) , and he appears in person or via a lawyer with affidavit before the Cabinet Secretary, the Secretary would accept his candidacy for NRJ after taking filing fee same as deposit amount for MP election.
3
Talati , (or Talati’s Clerks)
If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the NRJ position, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved.
4
Talati
The Talati will put the preferences of the citizen on district’s website with citizen’s voter-ID number and his preferences.
5
Talati

If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.
6
Cabinet Secretary
On every 5th of month, the CS will publish Approval counts for each candidate as on last date of the previous month.
7
PM
If a candidate gets approval of over 34% of ALL registered citizen-voters (ALL, not just those who have filed their approval) in a district, then PM will appoint him as NRJ
8
PM
If a candidate gets approval of over 50% of ALL registered voters (ALL, not just those who have filed their approval) and the Approval count is 2% more than all NRJs, then PM may send the name of the most approved NRJ to the Chief Judge of India asking him if he is appropriate for the position of Supreme Court Chief judge.
9
PM, LS MPs
  • If the CJI and every other SCjs recommend that the most approved NRJ should be new CJI, and the existing CjI resigns, within 30 days, then the PM (i.e. President) may appoint that NRJ as Chief Justice of India.
  • However, if any one of the Supreme Court judge refuses to accept appointment of NRJ as the Chief judge, or gives no response within 30 days, then PM and all MPs may resign and may declare new election.

The proposed two laws will effectively implement replacement of CJI. None of the two proposed changes violate any article in the Constitution . And in the second law, the PM will resign if replacement does not happen, but PM with emergency powers in Constitution and CBI in hand has enough powers to make things happen. I don’t need to write all those gory things in black and white.

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