NJAC should evolve in tune with times, hints PM

Every institution has to evolve in tune with the times, Prime Minister Narendra Modi said today at a judicial forum, in an apparent reference to the Supreme Court scrapping the National Judicial Appointment Commission (NJAC) law and retaining  the collegium system.

The Prime Minister also suggested that rendering free legal aid to poor should be a criterion in selection of judges.

"No institution can remain static. Changes are inevitable in tune with the times. There is a need to change the way we think -- old things are best and that is why we will not lay our hands on them is not the way," he said.

The Prime Minister was addressing a gathering of top judges, law officers and legal experts at the foundation day celebration of National Legal Services Authority (NALSA) here with Justice T S Thakur, who is set to become the next Chief Justice, on the dais along with a few other judges.

Heaping praise on NALSA for extending free legal services to millions of people, Modi suggested incorporation of the criteria of rendering free legal aid to poor in selection of judges.

"I was telling Justice Thakur with diffidence, when there is recruitment (of judges) can we ask them how much time you had devoted for providing legal aid to poor," said Modi.

Noting that government will support NALSA's effort to ensure justice to poor, the Prime Minister said every institution has to keep changing.

"You have done a great job in improving the institution (NALSA). In every system, the boundary should expand consistently, its characteristics should keep changing and its power should keep growing (har vyavastha mei, nirantar uska daira badhna chahiye, uska roop rang badalna chahiye, unka takat badhte rehna chahiye..)," he said.

Stressing that ensuring justice to poor was very important for India's overall development, Modi added "justice for all" to his slogan of "Sabka Saath Sabka Vikas (Together with all, Development for all)."

"I believe in 'Sabka Saath, Sabka Vikas' and with that there must be 'Sabka Nyay'," he said. 

Talking about efforts required to ensure welfare of all sections, Modi referred to transgenders and said there was a need for systemic changes and that working together will help in addressing such issues.

"Transgenders...Can you imagine how much apathy they face. The Almighty has given them what he had to give... We have to ensure system. We will have to bring changes to legal system, bring changes in the rules, government will have to change their viewpoint," he said.

On his suggestion of including the criterion of time spent by judges for free legal aid to the poor for judicial appointment, Modi said if such a provision was made, then it will help develop sense of accountability and sensibility towards the poor.

"Can we ask them how much time you spent for ensuring free legal aid to poor," Modi said, noting making standards like keeping 10 marks for interview and asking such question will help ensure justice to the poor.

At the same time, he added, "I am saying these things but I do not know the nitty gritties."

Complimenting the free grievance redressal mechanism set up by the judiciary, Modi called it a "big thing" redressal of nearly 8.5 crore pre-litigation and pending cases by the Lok Adalats in last two decades and said it showed that how good the outcome could be if there was "out of box" thinking.

"It is a big thing. There is a strength of the system. If the government is also dedicated to justice, is alert towards it, then a way can be found," he said, while emphasising the need to ensure justice to the poor and the downtrodden.

Referring to Justice Thakur's elaboration on various schemes being implemented by NALSA, the Prime Minister lauded his effort and said these aspects of the judiciary is not known to the common people. Modi also complimented Justice Thakur for his commitment to the cause.

Calling for research on Lok Adalats by the law universities and the common cases of disputes, the Prime Minister said things that come to focus should be addressed through coordination between government and system.

"A huge section of people do not have the courage to come to courts. But Lok Adalat playing a wonderful role. They are gaining popularity," he said.

In the course of his address, Modi, listing initiative by his government, said after becoming Prime Minister, he found out that a whopping Rs 27,000 crore was lying unclaimed in PF accounts of workers and called the previous dispensation was "insensitive".

The Prime Minister said he initiated the process to return the money to the beneficiaries.
"The government was insensitive. We made a system to address the issue. I am committed to give them their dues," he said.

Modi also talked about the Jan Dhan scheme and said the poor people of the country have deposited a total of Rs 24,000 crore under it.

He said before the scheme was launched, around 40 per cent people of the population were out of the banking system though it was nationalised around 40 years back.