INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA WITH UNION LAW MINISTER SADANANDA GOWDA

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INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA WITH UNION LAW MINISTER SADANANDA GOWDA Q: How did you enter politics and why did you choose this as profession? Ans: When I used to study in my school and college days I was attracted by the activities of ABVP. Practically ABVP is an organization which had close association with the then Jan Sangh and now BJP , from that I started my political activity. Later on after becoming General Secretary of ABVP in the district. Slowly during emergency I entered politics and took part actively in politics during that regime. Later automatically my party gave me so many opportunities growing step by step and reached this position. Q: When did you contest in the elections first and as MP, MLA or what? Ans: I firstly contested in elections in the year 1989 as MLA from Puthur constituency. I am basically from a constituency called Sullia in Karnataka state which is a reserve constituency. I was asked by my party people to contest from the neighbouring constituency Puthur. After contesting from Puthur I lost the first election by a 1000 votes. Later contested in 1994 and got elected from Puthur constituency. Later in 1999 again got elected. Later in 2004 I was asked by my party to contest for Lok sabha. Then the Lok Sabha constituency comprised of Kodagu district and portion of Southern Karnataka from where I won and became a Member of Parliament (MP). During that regime, I was asked to work for the party as a secretary and national secretary, all that. In the second term contested from Udupi district and Chikmagalur which were one of the biggest constituencies. When I was for the first time an MP from Mangalore my party asked me to be the party president of the state. So I became the party president and it was the biggest constituencies, Udupi and Chikamanglur two districts were there. In One district our MP Srikantappa had expired and another district Udupi the MP Manorama Madhwaraj had switched the party to Congress. So, my party said that as you are the party president and you have close association with the party workers of the two district, I should contest from that constituency. I contested and I won the election. Q: Who's your god father in Karnataka Politics? Ans: Practically, to be very frank with you, M Rambhatt, MLA from Puttur Constituency. He was MLA during Janata and Jan Sangh. So, I contested from that constituency. Dr V S Acharya, is another man who guided me through out my political career, who was the Minister of Karnataka Government, Home Minister, Education Minister. He was a very good politician, very clean handed politician from Udupi. Then, Karambali Sanjay Shetty was there. They are from South Karnataka constituencies. When I was MP and Party President, I got full support and stage, where I can able to deliver good party activities in Karnataka. During my regime as party president, BJP won the election of it's own. Earlier, we'd coalition government with JDS, with Kumar Swamy. Subsequently, on the betrayal issue, Kumarswamy didn't hand over the chief minister post to BJP. We fought the election. I was the Party President then. We won the election. And first BJP government in the Southern Part of the country during my regime. Yeddyurappa was the Chief Minister then. Subsequently, due to some other issues, Yeddyurappa was forced to step down. After Lokayukta gave a report against Yeddyurappa, my party leaders

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This government is very particular to make the law simple and it should be easily assessable to the public. You might have seen thousands of acts are there in our country. Some acts are of 1885, 86 are also in existence...

Transcript of INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA WITH UNION LAW MINISTER SADANANDA GOWDA

Page 1: INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA  WITH UNION LAW MINISTER  SADANANDA GOWDA

INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA

WITH UNION LAW MINISTER SADANANDA GOWDA

Q: How did you enter politics and why did you choose this as profession?

Ans: When I used to study in my school and college days I was attracted by the activities of

ABVP. Practically ABVP is an organization which had close association with the then Jan Sangh

and now BJP , from that I started my political activity. Later on after becoming General

Secretary of ABVP in the district. Slowly during emergency I entered politics and took part

actively in politics during that regime. Later automatically my party gave me so many

opportunities growing step by step and reached this position.

Q: When did you contest in the elections first and as MP, MLA or what?

Ans: I firstly contested in elections in the year 1989 as MLA from Puthur constituency. I am

basically from a constituency called Sullia in Karnataka state which is a reserve constituency. I

was asked by my party people to contest from the neighbouring constituency Puthur. After

contesting from Puthur I lost the first election by a 1000 votes. Later contested in 1994 and got

elected from Puthur constituency. Later in 1999 again got elected. Later in 2004 I was asked by

my party to contest for Lok sabha. Then the Lok Sabha constituency comprised of

Kodagu district and portion of Southern Karnataka from where I won and became a Member of

Parliament (MP). During that regime, I was asked to work for the party as a secretary and

national secretary, all that. In the second term contested from Udupi district and Chikmagalur

which were one of the biggest constituencies. When I was for the first time an MP from

Mangalore my party asked me to be the party president of the state. So I became the party

president and it was the biggest constituencies, Udupi and Chikamanglur two districts were

there. In One district our MP Srikantappa had expired and another district Udupi the MP

Manorama Madhwaraj had switched the party to Congress. So, my party said that as you are the

party president and you have close association with the party workers of the two district, I should

contest from that constituency. I contested and I won the election.

Q: Who's your god father in Karnataka Politics?

Ans: Practically, to be very frank with you, M Rambhatt, MLA from Puttur Constituency. He

was MLA during Janata and Jan Sangh. So, I contested from that constituency. Dr V S Acharya,

is another man who guided me through out my political career, who was the Minister of

Karnataka Government, Home Minister, Education Minister. He was a very good politician, very

clean handed politician from Udupi. Then, Karambali Sanjay Shetty was there. They are from

South Karnataka constituencies. When I was MP and Party President, I got full support and

stage, where I can able to deliver good party activities in Karnataka. During my regime as party

president, BJP won the election of it's own. Earlier, we'd coalition government with JDS, with

Kumar Swamy. Subsequently, on the betrayal issue, Kumarswamy didn't hand over the chief

minister post to BJP. We fought the election. I was the Party President then. We won the

election. And first BJP government in the Southern Part of the country during my regime.

Yeddyurappa was the Chief Minister then. Subsequently, due to some other issues, Yeddyurappa

was forced to step down. After Lokayukta gave a report against Yeddyurappa, my party leaders

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at Centre said that Yeddyurappa should step down. And they asked me to be the chief minister of

Karnataka. I was Member of Parliament here. So, I resigned from Parliament membership. Then

I was asked to be in Karnataka as chief minister. For 11 months 6 days, I was chief minister of

Karnataka. Again, there was turbulence in my party. So, to keep my party intact, I was asked to

step down. And Jagadeesh Shettar became the chief minister. I became the member of

Legislative Council. My party asked me to lead the party as Opposition Leader in the Upper

House, till the Last Lok Sabha Election. Last Lok Sabha Election, I contested from Banglore

North. And won with a huge margin of 2 lakh 30 thousand votes. Then, in Narendra Modi's

government, initially I was placed as Railways Minister. Subsequent to induction of Suresh

Prabhu as Railways Minister, I was placed in Ministry of Law and Justice.

Q: What is your basic contribution during Chief Minister of Karnataka?

Ans: You might have heard, “Right to Services Act”, The Sakala Programme. The people of the

state should get government services within stipulated time. Otherwise, the officer will be

penalized. It's a wonderful concept initiated by Government of Karnataka during my regime.

And, now 685 government services have been included in this programme. And all the services

will be delivered within stipulated period. Even, I have written a letter to honourable Prime

Minister in this regard. And they are also working on it. Even the Prime Minister's award was

given to Karnataka Government for this Sakala Programme. Even a delegation from Pakistan

government had come to Karnataka to study this. United Nation observed that this is one of the

prime activity that can be undertaken by any government to give good governance. There was so

many constraint for investors to invest in the state. We took a firm stand and provided necessary

facilities, within 24 hours of date of application. So, many investors came. Even during my

tenure, the law and order problem was under control across the state. Even in my Chief

Minister's chamber, CCTV camera had been installed. It was connected to YouTube. People can

see what's going on Chief Minister's chamber. So, a transparent administration was there during

my tenure as Chief Minister.

Q: As a former Chief Minister how you would rate the performance of the present

Congress government in general and Chief Minister in Particular?

Ans: I don't want to mention performance of the ministers individually. Totally, there's no

governance in Karnataka. The present chief minister Siddaramaiah was the leader of opposition

for five years. He was also the deputy chief minister. He has given 10 budget to the Karnataka

Government. But, after becoming chief minister, his governance totally collapsed. There's a

vertical division in the Congress party. The party president Parameswar led one group and the

team of Chief Minister Siddaramaiah are fighting like anything. He is concentrating only to keep

his chair intact. The administration has totally collapsed. The law and order has gone to such an

extent that each and every day there's agitation, there're murders and rapes cases happening,

across the state. They have no administrative skill.

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Q: Siddaramaiah holds the image as a grass root level chief minister and a popular person.

Then, why he is failing?

Ans: His concept is confined to Minorities, Dalits. I don't say that it is not good. But, he is

limiting to this. He has no foresight. He has no future plan for Karnataka. How the Karnataka

should be ruled or governed. The future plan of action. He is working for temporary benefits and

cheap popularity. There's no permanent project for the sate of Karnataka. And he has got his own

team, who came from Janata Party. This six or seven person are in and around Siddaramaiah.

According to their direction Siddaramaiah is working. The administration has totally collapsed

for this.

Q: Are you confident of coming back to power in Karnataka's Next Election?

Ans: It's quite evident. Recently you might have seen. In Karnataka more than 525 farmers have

committed suicide in the recent six months. And government has not taken any steps, any

initiation to give a moral boost to the farmers not to do such thing. No compensation is given to

them. Out of 525 only 120 have received the compensation. Even there's huge pressure from

farmers and political parties to give one time benefit to the farmers like loan waivers. Even

farmers are not getting electricity for irrigation and agriculture. Now, people thinking that they

have elected a wrong party. Due earlier division in BJP party and other issues, the vote switched

to Congress. Now the people felt that BJP in Karnataka has taken the farmers issue. We're

touring across the state. Huge gathering are there during our rallies. Now they're requesting BJP.

During BJP, we waived the loan. Waived the interest. We gave them free electricity. We gave all

the benefits to the farmers, so that they can do agriculture. Now, everything has gone. Now,

farmer feeling that BJP should come to farmer. In BJP, we're united again. We held 62 rallies in

Karnataka and people came in huge numbers. Where ever we went, people said that BJP should

come to power. Even in recent Banglore Corporation Election, out of 198, BJP won 100 seats.

People feel that BJP is the right party that can serve the people and can give good governance.

Q: Don't you think, still Siddaramaiah proved to be more smarter by in spite of being

minority he was succeeded in putting his man as Chairman of Banglore Municipal

Corporation?

Ans: To keep away BJP to come to power, JDS joined hand with Congress and thus they took

the position. MP, MLA, MLC have the voting rights in this. Because of that they got the power.

Otherwise, purely looking into the election result, we got 100 out of 198 seats.

Q: What is the status of the Centre and State Relationship in Karnataka?

Ans: It's not good. Not because of the Central Government, but only because of the State

Government. You can see, the Niti Ayoga, Chief minister who represent can present it's states

issues. But, in spite of being member of Niti Ayog, the chief minister of Karnata never attended

the meeting. Even when Prime Minister requested Siddaramaiah to accompany him to China, so

that some investment can come to Karnataka, he didn't go. Even when Centre tries to give

something to State, he never accept it. So, the cooperative federalism, which is the need of the

hour, specially should come from Chief Minister, not from Prime Minister. That he never did it.

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Every time he used to comment the central government. And never took any central assistance.

He is not even taking assistance from Central Ministers, who have come from Karnataka.

Q: As a law minister are you trying to exploit the proceedings of tribunals handling the

allocation of water to Karnataka?

Ans: There're two-three tribunals. One Upper Krishna Tribunal is there. One Kavery Water

Tribunal is there. Even now there's agitation over Mahadayi river, another tribunal formed. As

Law minister, I have two responsibilities. I have to safeguard the interest of the states. Second,

the working of the tribunals should be properly conducted. For that, what ever initiation is

required, that we're doing.

Q: Police has dropped the charges against your son. Was it a conspiracy against him at that

time?

Ans: I never spoke anything about the issue of my son. At no point of time I spoke even to a

small police officer. I said, law will take it's own course. As a law minister I should show to the

people that a man sitting on the top is not at all pressurizing. I never interfered in the court matter

and I never interfered in the police matter.

Q: When you first met Narendra Modi in your Career?

Ans: I met him long back, when he used to come for State Elections. As, I was the party

president, I used to be in regular touch with him. He had a good relation with Karnataka. Even,

when there was division in the party and we lost the assembly election, we made an assessment.

We found that if we won't united, then we can not give sufficient members to Parliament to form

a government at the Centre. I thought that if we are not united, then we cannot give sufficient

numbers.

Q: What was the reason Yeddurappa choosing you and then dumping in a way ?

Ans: Practically, as soon I became chief minister certain things, I took firm decision. Which he

didn't want. Initially, he thought that Sadananda Gowda will follow the words what he says. But,

as a chief minister I tried to see that I am the chief minister of 6 crore people of Karnataka and of

not any individual. I gave a very transparent administration. Some how he was not happy with

that administration. So, he requested the party leader to change the leadership in Karnataka. But,

I thought that Narendra Modi should be the prime minister of the country. And, it is possible

only if we can give sufficient numbers. For this we have to united. Then I went to Narendra

Modiji and requested that Yedyurappa should be taken back. But, he said that corruption charges

are against him. I said, corruption is a secondary issues in Karnataka. And, if there's unity then

we can win the election. So, I requested Narendra Modiji and central party leaders and took

initiation to take back Yeddyurappa. In this way we won 17 seats.

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Q: And now how you will rate Narendra Modi as the Prime minister during this period?

Ans: You should not ask me to assess as I am a cabinet colleague. Because...to be very

frankly....

Q: Just your Observations...

Ans: As an individual I will tell you. We made certain promises during the elections. We said the

lost image of the country will brought back. Because, you know all over the world the name of

our country was in such a low category during the last ten regime of Congress government. They

said that as far as safety and security of the country they will give priority. They said that there

will be a good governance. They said that development and good governance are the two

concepts that the government will take. They said that employment will be created, generated

and our youths will be provided the employment. They said that transparency in administration

specially bringing this IT initiatives in various corners that will put an end to corruption. Not

only even not a single issue is left out. Every issue has given a move and Narendra Modi

government is taking up all the initiatives. So I think that for the first time in last six and half

decades, democratic set up in our country this is the one government which took up all the

assurance which was given to the people of the country. And really, so many questions may be

post we have not reach. Yes, we have given mandate for five years. But within a short span of

one and half years we hope that we gone ahead with the 50 per cent of the assurances that has

given to the people of the country. So, more than this I don't want to rate him in percentage, and

all these marks...I don't want to do this. But it's a very good governance. The two concepts-good

governance and development have taken a rapid speed across the country. And India today seen

by the people across the world. Yes, it is one of the developing country. Within a very short

period India will certainly be a developed country. And you know the GDP growth and other

things..there may be few problems, there may be few deficiencies. I don't say that everything we

have set right. But we did up to the expectations of the people.

Q: What happened with the three basic issues-Ram Mandir, 370 and uniform civil code?

The party still remembers?

Ans: Yes, four issues are there. But all are very sensitive issues. As soon as we came to the

power, do something immediately against the will of the people that is not mandatory. Yes, what

all assurances, start the initiate proceedings to convince the people of the country. And tell the

people these are the things, these are our needs, for that only people have elected us. So take

decision after consulting all the stakeholders in various corners and then go ahead. This is the

way in which you proceeding ahead within our core areas.

Q: You recently said that uniform civil code is need of hour? So will you like to elaborate it

further this idea?

Ans: No, I made it clear and I answered on it on the floor of the House also. There are so many

customary laws. There are so many personal laws, which are existing in the country for last

several years. So, to bring a uniform civil code, all these should be brought together. We should

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consult Personal Law Board, all political parties, various stakeholders who have certain relations

with those activities. They should be taken care. So these sensitive issues should be tackled

slowly. I made it very clear yesterday and even in our constitution under Article 44 it is

mentioned. And certain courts in Goa, uniform civil code is applicable now. There are some

judgments in Karnataka and Kerala High courts on this issues. So these are very sensitive issues.

So, I say that whatever we say it's really for the integrity of the country. It's the requirement. So,

we have to take initiatives. We have to go ahead. Now the Supreme Court has asked us to file an

affidavit within three weeks time. So, I should not discuss more about this outside, Because,

when matter is in court of law, we should be very careful and we should find out a way how we

should taken out. So I need to have a consultation with my cabinet colleagues, our Attorney

General, our Solicitor Generals and then only I can go ahead.

Q: As the Law ministry is bringing lots of reforms in the ministry. So what has been the

major contribution of your tenure so far?

Ans: This government is very particular to make the law simple and it should be easily

assessable to the public. You might have seen thousands of acts are there in our country. Some

acts are of 1885, 86 are also in existence. We have got so many reforms in the law. So we want

the obsolete laws, which are not actually in use should be removed. It was jurisdiction of the

Prime minister. He formed a small committee. And it find out 1,741 acts which are really not in

use. These acts were simply lying on the book of statue, creating confusion here and there and it

became very difficult to a individual to look into the statue of book and all. So we wanted to

remove such acts. So I already placed four bills and two among them have been passed. Two are

pending in Lok Sabyha and Rajya Sabha. Total 1,261 acts to be repealing. I think one more move

to be done. So that we can clean it.

Q: What are you going to do something to provide cheaper and fast justice to the common

men in the country?

Ans: That's well. Another important thing. We want to make computerized everything. Even

National Judicial Data Grade and E-court mission are coming. E-court mission gives everything.

Time consuming will be less. Even you can e-filing the cases. And you can see when it is

posted. Filing your statements, counters-everything can be done through this. We are giving

more importance to Lok Adalat. You will be surprised to know that about 44 lakhs cases which

were pending were solved through the Lok Adalat. We are bringing reforms in the motor vehicle

sector. We are bringing an amendment in the motor vehicle sector to meet the outside court

settlement for solution of cases like chalan, fine etc. An amendment already has been proposed

for Negotiable Instrument Act,. We are bringing Stringent Amendment to the Arbitration Act. If

the Act has come India should be hub of arbitration. Only Arbitration laws are simplified it. I

have already taken the cabinet approval. Where it took 10-12 years time for arbitration, now

within one year the arbitration to be disposed. If it is disposed within six months, the arbitrator

will be given some incentives. If we disposes after twelve months, then in every month certain

percentage of his fee will be cut down. So these are the steps. Now appointment of arbitrators---

sometimes it seems that court interferes even after the arbitration award is given. It will be

challenge into the court. Now, we have put a very stringent provision so that there should not be

much interference by the court. We are establishing commercial courts, which will exclusively

Page 7: INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA  WITH UNION LAW MINISTER  SADANANDA GOWDA

deal commercial courts, district and high courts. So that all the commercial matters should be

disposed within a stipulated period. We have brought a litigation policy. Litigation policy is

already ready with us. We have to seek the government approval. The government is a major

litigant for each and every cases. Government is not only litigant against the individuals. They

are the litigants between themselves, between the departments, between the PSOs and

everywhere. So, we want to see that all those matters should not go to the court unless

specifically legal issues are there or a legal decision is required. For that reason we have brought

litigation policy. I want to take cabinet approval for that. So that in between there should not be

any case to go to the court. And you know very well environment and forest, road transport files

a case, power and environment department will not allow. Even river disputes, unnecessary

disputes are there between the departments between PWD and environment, Health department

V/S another department. So in future we are bringing litigation policy to reduce not less than

40% pending cases. And 40-50% cases will not move in the court in future.

Q: Time period?

Ans: See, first it should be in officer level. Then inter ministerial level. If it is not settled there,

then it will be taken up to to cabinet sector and it will be disposed. So, these are the various steps

we are taking. Very good reformative. You might have seen NJSE....

Q: So, what you have plan to dispose three crores of pending cases in various courts? Any

time frame?

Ans: Independence of judiciary can not be encroached by the executives. All the subordinate

courts are under the control of the high courts. Chief Justice of the High Court are the Head of

the judiciary who has to maintain right from the appointment of the judges to the disposal. and

As a central government we have to assist and have to give all the enabling requirements. We are

supposed to give them that. Rest of the things they have to do. We are not in a position to enter

in it. We can't say that you have to complete this proceeding within such and such date. So, there

are certain laws just like Amendment of Arbitration. Supreme Court will guide the High Courts

and others. So, these are the things we need to talk. For that we are giving more importance to

Lok Adalats, where settlement is outside the court. So, there we can enter. We can talk too. Even

the judges are supporting us. Another area we are doing is e-court mission. With the help of legal

aid, poor people can dispose the cases early. These are the various steps we are taking now.

Q: Judiciary says that the Center and that state governments are not providing adequate

funds, infrastructure, manpower etc.?

Ans: I will tell you one thing...To be very frankly, for example court building is required. Now,

nearly 14,500 courts are there across the country. At present we have got about 15 thousand

buildings and one and half thousand buildings are under construction. There is no scarcity. Of

course, there are preceding officers' post is vacant. 392 High court judges to be appointed

immediately.

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Q: In 24 High courts?

Ans: Yes in 24 High Courts. Now there is no earlier collegium. NJSE has not come into

existence. A stalemate is there.

Q: So, what is the future of this issue?

Ans: I think arguments and everything have been heard. NJSE will be disposed of. Judgment will

come out. I hope that within a week it may come out. Because again from next week ten day

holiday for courts. Before that it will come out.

Q: Suppose, to come out in September don't you think taking unnecessary delay?

Ans: We can't dictate the court to give the judgment, they are responsible persons. So, judges

know very well it should be disposed early. Because of it only so many cases are pending. So I

don't want to make any comment.

Q: Hopeful that it will appear?

Ans: Definitely. Because there is no opposition in Lok Sabha and Rajyasabha. All the MPs

including the persons who are dealing with the matter are in favor of this. It's a constitution right.

Not only in our country, in various countries appointment of judges is not appointed by only

judges. It's a very transparent method. See, in NJSE we have never denied the rights of the

judiciary. Out of six members, three members one is the Chief justice and two other senior

judges are the part. And two eminent personalities will be selected by the Prime minister, the

Opposition leader and the Chief Justice. Only one Law minister executive will be there. So

independent of judiciary is there.

Q: You said, appointment of Judges is not an integral part of Judicial Independence, How

will you operate this?

Ans: To be frank with you, the matter is pending before the Court till the Judgement comes.

Even though I have so many opinions in my mind, when the matter is with the Court we should

restrict ourselves otherwise it will amount to subjudice, for that reason I am not able to tell to

you.

Q: For a moment, If you lose the case in the Supreme Court. What is the start down?

Ans: I am an optimistic Sir, I am not thinking in that direction at all. We hope that when it is

passed unanimously by the Parliament and when it is in accordance with the Constitutional

provisions and other things. According to me, because it is under Judicial scrutiny they are the

right persons and I hope we would get a positive result.

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Q: Do you believe in the Supremacy of the Parliament?

Ans: The supremacy of the Parliament should be there. There is no doubt about it. But, the

encroachment upon the Independence of Judiciary also should not be done. So both should go

together. That is what is said in the Constitution so we are supposed to follow it. Supremacy of

the executive that means the Parliament should be there. But at the same time a parallel stage

should be given to Judiciary also. What are being done in the Parliament can be under the

scrutiny of any court of law. Under democracy we have to balance all these things.

Q:What is the status of the Judicial Accountability Bill?

Ans: Of course, at one point of time it was tabled before the Parliament, then it was referred to

the standing committee and then when the new government came in...it lapsed in the earlier

government and now it is with us. We have not taken any decision so far. So many things are

there, at one stretch or in a hurry we should not take up...So day by day we will take up the issue.

Q: In principle you agree, UPA government's Bill on this issue?

Ans: There need to be small changes to be taken, then we will take opinions from the law

commission and stake holders also, then we will go a head.

Q: More major issues pending.. like raising the Judges of High Court from the age of 62 to

65?

Ans: Now for the time being it is not under the consideration of the government.

Q: How does it make any difference while working in High Court at 62 and in Supreme

Court at 65 years of age?

Ans: The persons elevated from the High Court will be working in the Supreme court and

practically age factor and other things as you rightly said should be looked into. We are doing all

that exercise, whether it is necessary or not? Are we making difference between the High Court

Judges and the Supreme Court Judges. All these things are under study...We will come back after

the NJAC is formed there will be a committee who can deliberately discuss on these issues in

length. Then the ministry of law will take care.

Q: Any plan to revise the pay structure of High Court Judges... earlier it was higher than

the Chief Secretary and now it is slightly going less than a Secretary in a particular State?

Ans: It is not very less... it is on par with them. Now for the High Court Judges I have already

taken the Cabinet approval that the Judges who are elevated from the Bar to the High Court, they

will get 10 years benefit for their pensions. Because for other Judges their service will be

counted from the appointment from the lower courts and they will get all the services. Judges

who will come from the Bar they will not get that benefit they are neither the lower or

subordinate Court Judges. So for them 10 years pension benefit will be given. On those grounds

we are going with that and we are tabling in the next Parliament session.

Page 10: INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA  WITH UNION LAW MINISTER  SADANANDA GOWDA

Q: Are you going to issue some guidelines on certain amendments to restrict the distinction

power of Judges in granting the bail reforms?

Ans: Really we need to have new bail act and there should be transparency. I have received

many letters above 650 from the Tihar Jail. Women convicts who are under trail have written

letters to me stating that they have been charged in cases when they are pregnant and they have

to give birth to the kids in the prison itself. In most of the cases that they have been granted bail

but they do not have any person from outside to give security or bonds for that. So there is a very

big confusion in the minds of the people also. Rich people are able to take their cases to the

higher courts...whereas the poor person who is involved in the criminal cases they think they

cannot go to the higher courts when they lose the case in the lower court. It is only because of

their inability to make payment to the lawyers who take up their cases. This happens more in

Criminal cases which should not happen. We should give more importance to the Article 14 and

21 of the Constitution. I have already mentioned this issues and referred to one of the National

Law School where research is going on. They have to give the report and I have to get it. I want

to see that the bail act is the need of the hour. In a big country like India where 125 crores of

population is there we should see that justice is done to each and every person.

Q: What is your idea on the live telecast of the court proceedings?

Ans: Unfortunately recently in Chennai some cases have telecast the proceedings of certain

cases live. There was lots of trouble. But we have not taken any decision on the live telecast of

the court proceedings as of now. It is very hectic burden to the government to give live telecast

of the court proceedings. Security would be a major problem for the exchequer while bringing

him to the court.

We are thinking of video conferencing of the court proceedings with regard to the

transparency. Every person should feel that there should be transparency in the Judiciary for

this every one should be in a position to see this. It will take some time to make this possible

because reforms in legal department has started only recently. We are going step by step.

Q. People say that some Judges make extra remarks while giving Judgements and what do

you say?

Ans: No comments.

Q: Are you going to change the names of some Mumbai, Chennai, Kolkata courts in due

course?

Ans: Yes, it is before us. Already Mumbai and Chennai courts that matter has come. Even

Kolkata also we received but due to some changes to be made it was sent back. I am intending to

bring an enactment so for each and every High Court it need not be done. But a common law will

be there. Subsequently under that Law by notification itself we can change the name. We are

working on it and with in a short span of time it would be done.

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Q: One more serious problem in Judiciary is that lawyers go on strike for a longer

period...in spite of the SC advice this doesn't happen, any plan or amendment?

Ans: As you rightly said, lawyers, doctors these type or people should not go on strike. On

certain occasions they say that when their requirements are not positively responded there is no

other alternative. Inspite of that there need to be some amendment in the advocate act. Some

independent body should be there so that the advocates who are misbehaving and who are acting

against the justice and who are harming the interest of the public at large those people should be

dealt. For this there should be an amendment to the advocate act.

Q: At the same time we should look into genuine issues or problems of the advocates?

Ans: Certainly we are working on it. Bar Council of India is the authority, it is not the ministry

of law and justice. Bar Council is looking after all this.. even the education fields Law colleges

are also being supervised. Recently the Central government took some law schools which are

autonomous rest are all taken by the bar council.

Q: So is there any chance of Supreme Court bench at Bengaluru in future?

Ans: At present, there are several proposals. They want it in Trivendrum, Bengaluru and some

even say they want in North-East. This is a matter which needs some more time frame then only

we can go a head with it.

Q: Last interesting question, some people say that your ministry is run by the remote

of Arun Jaitley defacto law minister?

Ans: So many people say so many things. I don’t give any importance because I am running the

show I know very well. When I became the Chief Minister, some of them said I would be in the

hands of Yedurappa, who supported me to be the CM. But after sometime everybody came to

know that it is not the case. Similarly so many people say so many things, but I have got an

independent vision, independent caliber to handle the port folio. So I am doing the best of my

ability. Of course, ..I am taking opinions from Arun Jaitley, Ravi Shankar Prasad and other

various legal experts. It is my duty. I never say that I know each and every thing....even I interact

with secretary and other persons for simple issues also. Minister can succeed only when he takes

feed back from various corners and comes to a conclusion after going into the details of every

issue. If I don't take advice from all the experts that means I will fail in my duty’

That means you are in complete command of your duty. Best of Luck.

Thank you.

Q: How was the interview?

Ans: It is a fantastic interview. Since last twenty five years, I might have faced not less than

hundred; more than hundred interviews. But this was to the subject, to the point. Only in

relations to the present existing situations. You never cross examined me, rather than you

Page 12: INTERVIEW BY ETV NEWS NETWORK HEAD JAGDEESH CHANDRA  WITH UNION LAW MINISTER  SADANANDA GOWDA

examined me. That means only the realities have been brought out by you. Its a wonderful

Interview. Really I congratulate you.