The process to amend the Code of Criminal Procedure, the Indian Penal Code, and the Indian Evidence Act for the purpose of creating a people-centric, affordable and speedy justice system has been initiated, Law Minister Kiren Rijiju told the Rajya Sabha on Thursday.
In response to a separate query, the Law Minister also informed the House that as against 387 vacancies in various High Courts, 168 proposals are at various stages of processing between the government and the Supreme Court collegium.
In another written response, Mr. Rijiju told the Upper House that no election symbol, reserved or allotted by the Election Commission, shall be deemed as a religious or national symbol.
Talking about the proposed changes in the criminal laws, the Law Minister said that the Ministry of Home Affairs (MHA) had sought suggestions from Governors, Chief Ministers, Lt. Governors and administrators of Union Territories, Chief Justice of India, Chief Justices of High Courts, Bar Council of India, State bar councils and Members of Parliament.
Mr. Rijiju, in his written response, also informed the House that a committee headed by the Vice-Chancellor, National Law University, Delhi, and four other members was constituted by the MHA on March 2, 2020 to suggest reforms in criminal laws. After extensive stakeholders’ consultation and research, the Committee submitted its recommendations on February 27, 2022 on the three criminal laws — IPC, CrPC and the Indian Evidence Act.
In its 146 th report, the Parliamentary Standing Committee on Home Affairs had recommended that there was a need for a comprehensive review of the criminal justice system of the country, the Minister added.
On the issue of judicial appointments, the Law Minister said the sanctioned strength of judges of the 25 high courts had increased from 906 in 2014 to 1,104 in 2022. “As on March 31, 2022, against the sanctioned strength of 1,104 judges in the high courts, 717 judges are in position, leaving 387 vacancies of judges to be filled,” he said.
Against 387 vacancies, 168 proposals are at various stages of processing between the government and the Supreme Court collegium while recommendations from High Court collegiums are yet to be received in respect of 219 vacancies, Mr. Rijiju noted.
To a question whether or not a national symbol such as national bird, national animal or national flower could be used as an election symbol by any registered political party, the Law Minister referred to the sub-section 3 of section 123 of the Representation of the People Act, 1951 that lists what are deemed to be corrupt practices for the purposes of this Act. They include appeal by a candidate or his agent or by any other person with the consent of a candidate to vote or refrain from voting on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious or national symbols “such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate”.
It, however, adds that “no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause...”
The Law Minister also said the Election Commission has said that election symbols are either reserved for national or State recognised political parties or allotted to unrecognised political parties under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.
“Accordingly, it is clear that any election symbol which is reserved/allotted by the Election Commission of India shall be deemed as not a religious or national symbol,” he said.
