Hon. Chairman Sir, my submission is with regard to the Uniform
Civil Code. It is not about imposing any religious code or any other
religion but it is about bringing the society under one Code. During the
making of the Constitution, as the country was undergoing partition, it was
thought fit that we should leave out the social and religious code, as it was
being practiced for some years. But as the Independent India is already
in the 75th year of Independence, I think, now it is necessary that we
should deliberate or the Government should take the initiative to100 have the
Uniform Civil Code. Recently, the Delhi High Court and the Allahabad High Court
have made pronouncements about the120 need of a Uniform Civil Code. The Uniform
Civil Code does not mean imposing Hindu Code on every religion. It means
bringing in better things from different codes together. I believe, the Muslim
Code on marriages is the most modern system that we have in our
country. I think, that needs to be involved with other religious
things. At the same time, I urge upon the Government to take steps to
implement the Uniform Civil Code. When suggestions are200 coming
from Judiciary, at least the Executive should come forward and form a committee
to bring in Uniform Civil Code.
Hon. Speaker Sir, if one were to draw a comparison with the
international front, it can be seen that the standard240
retirement age for judges is around 70 years. In some countries, in top courts,
judges are appointed for life. The judge-population ratio in India is 21 judges
per million population today, which is among the lowest in the world.
Countries like the United Kingdom have 51 judges per million people. The
United States has more than 100 judges300 per
million population and Canada has 75 judges per million people. We should,
therefore, certainly look at the conditions of service of our judges, increase
their retirement age in order to fill vacancies for a longer period, and at the
same time, reduce pendency of cases. There are overwhelming reasons for
this Government to recognise that the establishment of a360 higher
and uniform retirement age for judges in our superior courts
would enable them to discharge their judicial duties not just independently,
but also allow them to do their work without worrying that they will
have to step aside when400 they are in their prime. It will also
fortify the rule of law and protect the fundamental right to speedy justice
assured under Article 21. The worst pendency of cases at all levels can,
therefore, be effectively tackled by increasing the number of working days
available to a judge by increasing his tenure.
Sir, the reason that we are discussing
and debating proposals to strengthen our Judiciary even beyond the one under
consideration in this Bill, is that decent480
conditions of service are a contribution to reinforcing the independence of the
Judiciary and in doing so, to strengthening democracy500 itself. For
instance, the earlier a Judge retires, the greater is his need for a remunerative
post-retirement activity and consequently, the greater is his or her vulnerability
to the blandishments of the Government of the day which may be in
a position to give him such a post-retirement job. Dr. Ambedkar said that
democracy should rest on the rule of law. While democracy focusses on who
exercises power, the rule of law determines how power is exercised. In fact,
these two concepts are so mixed that the United Nations General Assembly
recognised that human rights, the rule of law, and600
democracy are interlinked and mutually reinforcing. We know that
disputes are bound to arise between citizens and governments. That is normal in
any State. This is where the Judiciary plays a pivotal role, settling
disputes independently in accordance with640 the principles of the rule of law under the
Constitution and that ensures that all individuals are equal before the law.
It is very necessary
for us that we walk on the path of protecting the rights through duties during
the 75 years of independence. It is the path of duty in which
the rights are guaranteed; it is the700 path of duty which
accepts others’ rights with respect and gives them their due. When we are
celebrating Constitution Day,720 we should always have this
spirit that the rights of everyone
will be protected if we continue to walk on the path of duty with a greater
degree of devotion and rigor. Today we are fortunate to fulfil the
dreams of the freedom fighters who sacrificed their lives for the independence
of India. We should leave no stone unturned to fulfil those dreams. In the light
of the dreams of the people who lived and died for freedom and cherished800 the great tradition of India for thousands of years, our
Constitution makers gave us the Constitution. Hundreds of years of servitude
had plunged India into many problems. India was battling poverty, hunger and
diseases. Against this background, the Constitution has840 always helped us in taking the country forward. Countries
which became independent almost at the same time as India are much ahead of us
today. A lot remains to be done and we have to reach the
goals together.
The
Election Commission has raised the limit of money that candidates can spend on
their election campaigns. The maximum expenditure limit900 for
the Lok Sabha elections has been increased to Rs. 95 lakh from Rs. 70 lakh. For
the Assembly polls, it has jumped to Rs. 40 lakh from Rs. 28 lakh. It was
necessary to increase the spending limit considering the fact that since
the last revision of 2014, there have been significant hikes in the960 cost
inflation index and the number of voters. The demand of political parties
for this hike had become vociferous during the pandemic as the
canvassing cost had increased due to the shift to virtual rallies and
restrictions on physical gatherings.1000 This exercise assumes
importance as the candidates are required by law to declare the amount spent on
electioneering and the election is liable to be set aside if the
sum exceeds the limit. However, for all practical purposes, the exercise
is farcical. Firstly, while crores of rupees are openly spent on
polls, no candidate declares expenditure beyond the prescribed limit. Secondly,
there is no limit on the amount that parties can spend, giving the
candidates a free run. Audit data1080 for the last five
years shows that an amount of over Rs. 6,500 crore was spent on elections1100 by
18 political parties. The two major parties’ expenditure comprised a humongous
77 per cent of the total amount. Interestingly, the parties spent more
than 50 per cent of money on publicity alone. Elections have become a
multi-crore-rupee game. Poor candidates or those without the backing of
political parties stand little chance of winning. The Assemblies and the
Parliament are getting packed with rich Members.1167
