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Replying to a debate on the Advocates (Amendment) Bill, 2023, which was passed in the Lok Sabha on Monday, Law Minister Arjun Ram Meghwal told the Lower House of the Parliament that the central government is open to a policy on transfer of high court judges.
Responding to an issue raised by TMC MP Kalyan Banerjee, Meghwal said that after 1993, when the Collegium system came into place, the Supreme Court Collegium recommends transfer and appointment of judges. “The Collegium recommends to the government the transfer of high court judges. No judge can either be appointed, elevated or transferred without the recommendation of the collegium,” he said.
Saying that the suggestion to have a transfer policy on judges “is good”, Meghwal said, “We accept it.” He also stated that Banerjee’s suggestion will be taken forward and after consulting the Chief Justice of India and members of the judiciary, “we will work further if a policy comes up. There is no problem in it.” Congress leader Adhir Ranjan Chowdhury said the judiciary is still being considered the last resort of the affected people and emphasised that legal aid for the poor and vulnerable people should be further strengthened.
The Bill, which was already passed in the Rajya Sabha during the Monsoon Session, aims at regulating the legal profession by a single act and seeks to target touts. It provides that every high court and district judge can frame and publish lists of touts (those who procure clients for legal practitioners in return for any payment).
Congress MP Karti Chidambaram said that touts thrive because of the complexity in dealing with the legal system. “Because of the asymmetry in our society in terms of education, access to people in authority and wealth, sometimes people do not know how to navigate the legal system…This is what is being exploited and some people step in as touts. Touts thrive because of the complexity in dealing with our legal system,” he said.
Some members said the punishment prescribed in the Advocates (Amendment) Bill, 2023, against touts is very less and should be enhanced.
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