Delivering a lecture on the areas of constitutional reform, organised by Panchnad Research Institute, here today, the Supreme Court lawyer said the Commission should consider the shortcomings and aberrations that had come out during the 50 years of adhering to the Constitution. He cautioned that the review of the Constitution was a challenge and if its review was not done now, it would be difficult later.

He added that the commission should hold discussions on certain reforms at various fora to help form a national consensus on various important issues.

While hailing the Supreme Court decision on appointment of judges, Jaitley also suggested the formation of a National Judicial Commission for looking into the appointment of judges. The Commission, he said, should have representation from the judiciary, Bar, government and public. He also said that cases of corruption against judges should be probed.

The phase between 1982 and 1993 saw the appointment of many sub-standard judges due to their political connections, while those appointments from 1993 to 1998 were based on the personality of the Chief Justice, Jaitley said.

In view of the problems faced by parliamentary democracy in the country, he called for a rethink on the election process. Jaitley did not approve of the recommendations of the Law Commission on the introduction of list system in the country, whereby the parties would get a representation in the Parliament on the basis of vote percentages.

He cautioned that the list system would not prove a remedy, but will be worse than a disease. He held that it would further divide politics and form parties on the basis of caste, creed, region and religion. Such a system would help give the power to tainted politicians, which was wrong.

On the Law Commission's recommendations on keeping out the criminals and chargesheeted from contesting elections, he said it would not be simple to implement, as in our judicial system unless one is convicted, one is not held guilty.

To change such laws, Jaitley suggested the strengthening of the Lok Pal institution. However, he called for making the decisions of the Lok Pal time-bound. He said the Lok Pal should pronounce its decisions within three months and the processing of the Lok Pal's report by the Parliament should also be done in a time-bound manner. He also laid stress on the grant of more financial powers to states.

Expressing difference with 10th Schedule, particularly with reference to powers to the Speaker regarding the Anti-Defection Law, Jaitley suggested that the powers to the Speaker be withdrawn and be given to the Election Commission since a majority of the decisions given by the Speaker with regard to Anti-Defection Law were either delayed or were in favour of the ruling party.

The constitutional expert also suggested that all laws made in contravention of the fundamental rights be scrapped, as some such personal or religious laws violated the fundamental rights. He also said that provision of special rights to minority institutions under Article 29 and 30 were wrong and such rights should be expanded. He also called for a discussion on the creation of smaller states, even as he said the uniform civil code was not interpreted properly.