AG's study: Everyone wants JSC composition changed
Many participants said that the presence of political members in the JSC was one of the biggest hurdles in calling the commission an independent institution.
By
Aman Haleem
The Attorney General's Office, after a series of consultations, said on Thursday that the public, lawyers, judges, as well as local and international organisations, wished to change the way the Judicial Service Commission (JSC), which has the power to look into cases of judges and take action.
As part of the government's efforts to change the composition of the JSC, the office held discussions with institutions and NGOs and sought their views on the changes it wished to make.
Those who participated in the discussions were:
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The public
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Judges
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Lawyers
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Non-governmental organisations
The research paper also included reports and articles published by international organisations and others on the reform of the judiciary and JSC.
The AG's office began the process of reforming the JSC in October. As part of the exercise, a number of stakeholders were met and their views were sought on the issues in the JSC and the changes that need to be made.
In a paper published on Thursday by the AG's office on these meetings, most of the participants in the discussion had not wanted to have political members in the commission. In particular, it was pointed out that the Speaker and MPs should not sit in the commission. Many wanted the commission to include judges and professionals, according the AG's office.
Thus, the paper identifies suggestions from study participants for the composition of the JSC as follows:
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JSC proposes to equate judges and non-judges in the commission
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The submissions from the judges mostly include judges representing the courts at various stages and the JSC should be set up in such a way that the judges hold majority in the commission
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NGO’s proposed that the JSC be held with fewer judges, more non-judges, or an equal inclusion of judges, lawyers and governing powers
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None of the proposals stated that the Speaker of the parliament should be in the Commission
Many participants said that the presence of political members in the JSC was one of the biggest hurdles in describing the commission as an independent institution. There also were suggestions that it is not always wrong for people in political jobs to remain commissioned under a well monitored system.
Ninety percent of the general public who contributed to the research on the composition of JSC wanted to change the way the JSC was formed. Of the 115 members of the general public who participated in the study, 110 said the JSC needed to be changed.
Here are the public opinions on JSC reforms:
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Members of the President, Attorney General, Speaker and MPs cannot be seen in JSC
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Opinions on the inclusion of currently serving judges, but many want retired judges to remain on the commission
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Many want to include a member of the Civil Service Commission, a lawyer and a public figure
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The number of members of the commission to be reduced, the commission to consist of the judiciary, the state and the general public
Changing the composition of the JSC is a presidential promise of this government. It was also part of the 'Agenda 19' sold by the party during the 2019 parliamentary election campaign. The AG's office started the process "officially" in September, claiming it was to fulfil the promise.
At the time, it was stated that the bill to amend Article 158 of the Constitution to amend the composition of the commission was planned and proposed in the third session of the current parliament. However, the bill was not introduced till the end of the parliament session on Monday.
