Reforms in Indian Judiciary ! Oh ! Yes, it is possible if ever a all political parties consensous is arived at. The basics of, and the system of, administration in India is mostly dependant upon democratic principles in which the people's say has a vital role to play in each and every sphere of life here. In the name of and / or plea of people's voice, the politicians play the final role as the custodians and the spokes persons of the citizen. The principles are drafted and the actions executed by their sweet desire fulfilling their vices or requirements. There is no system in this country to invite public opinions at large upon certain matters or issue touching their sentiments or apathy. May be the open objections systems remained in files only to complete legal formalities. Hence please do guess, whatever proposals and/or discussions may be made here, may be for our own mental satisfactions but not for any practical purposes.
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Sanjib Kumar Dash, Advocate., Lawyer/Attorney, Self Employed as a Law Practiomer ( Advocate )
| 08 20 2009 15:46:05 +0000
Its nice that Mr. Durgarao has raised such an important question and I also liked the way Mr. Thakur has presented his argument. All of us will agree that there is a huge scope of improvement in our judiciary system but the question here is whether anyone from the higher authorities and government will feel the need to address this issue and do something about it..........Yes, there is a glimmer of hope here because if the Union Law and Justice Ministry has its way, the Indian judiciary will soon adopt the Six Sigma concept to improve its efficiency...I have read somewhere few months back that the Union Law secretary TK Vishwanathan have sent a concept paper in this regard to the Chief Justice of India which contains many other recommendations to speed up the judicial process and make the judiciary more transparent and accountable....Let's hope that this first step towards reforming our Indian Judiciary become the stepping stone for further actions.
By
Sudeep Tarafdar, Senior Consultant, IBM
| 05 29 2009 06:15:54 +0000
Dear Thakur, I am very much impressed at your analysis and proposals. I want to add few words to what you have already said. Its true that the salaries of judges is of great concern and I beieve that Dr.Manmohan Singh has dealwith the issue while concentrating on improving the salaries of both teachers and also the judges. My concern is about the standards in the profession. Standards are degrading in profession day-by-day. We need to concentrate on standards in the profession or the standards in the law colleges. Only qualified should come out of law colleges and its a bigger issue as unless it is addressed it is very difficult to correct this system. Because, its only when most of the professionals are truely qualified we can expect good judges and the good professionals which is must for improving the faith in general public about Judiciary. But, there are few issues for which it appears that the answers are very remote. Despite the independence given to Judiciary when it comes to appointment of judges, why do there appears to be political influence or interference both in appointments and later in their functioning. How to address this is a big issue? and again the supervision is of very vital as you said. We have been seeing the judges who feel that they can do anything and everything and nobody can question that. Unreasonable orders are being passed at times and its a shocking scenario. I don't know as to what our advocate associations are doing over this. It appears that many have forget the agitation led by the great Seervai when he was at the Bombay Bar. Advocates and the associations have every responsibility to correct the judiciary and it will certain happen if they raise their voice. But, for the reasons known to them, our advocates and assoiations appears to have been concentrating on getting favourable orders and being in good books. It appears that we all have become very very selfish ignoring the larger public interest. We have been filing many public interest litigations and I don't know as to why we are not concentrating on the larger issue of correcting our system. There should be concrete steps directing towards correcting the system. I feel ashamed of when I see some unresonable proceedings in court being the member of Bar. Standards are degrading day-by-day and really its a serious concern. System can be questioned only when we point out mistakes and misdeeds in a tangible way. I exepect many to concentrate on this apart from their routine things in profession. Unless our system is corrected and we are able to establish a reliable and trustworthy judicial system, we can never and ever claim that India is a developed nation. I am not on making money in profession, but, in a legal way and without igonoring the basic standards, we can do all the things. Dear Thakur, I place my appreciation upon your analysis and contribution to legal fraternity. Thank you.
By
V.Durga Rao, Private Attorney/Lawyer, V.DURGA RAO
| 05 29 2009 05:50:01 +0000
I strongly feel that our judiciary is to be reformed. It is unfortunate that nobody is raising this issue as it should have been. We need not blame any particular section for this, but, the fact remains that our judiciary requires reform. It should start from reforming legal education and the profession. India can become developed only when we have an ideal judiciary which is fair, independent and reflects the quality. Developed countries give so much importance to judiciary though many criticize that there is no independent judiciary there. Our judiciary has done so much like expanding the scope of part-III, but, I strongly feel that the judiciary is to be reformed.
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V.Durga Rao, Private Attorney/Lawyer, V.DURGA RAO
| 05 28 2009 12:48:52 +0000
procedure : speedy disposal of cases of the poor and the needy and not the rich and the greedy. declaration of assets by judges and top lawyers. cases be decided on merit and not at parties . i.e decisions be logical and on merit rather than be pre-fixed. if these three things happen the repustation of judiciary will increase manifold iin india and would help our nation.
By
Ajay Ziz, Dy. Registrar,, University of Jammu
| 05 26 2009 09:28:59 +0000
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Mr. Raghu and Mr. Sham sunder are right. I support both of them. Minor changes can be made but there is no need of reformation in Indian judiciary system......
By
Aarti Gupta, Legal Consultant
| 08 21 2009 10:55:13 +0000
In another similar forum on toostep, I have projected for a intermediate level of a coordinator and facilitator. Hilights are as follows: - Supply a laptop and a broadband connection to every advocate perhaps on loan basis. Make it obligatory for him to access information about his profession. Then notice needs to be send only the first time to only those who are not advocates and those who are already not represented (Government and most of the companies are represented!). This eliminates lot of delay. If the advocate is sick or unable to access, he should seek a leave of absence before hand. We could even consider sending information about the email or Lmail to mobile etc.
- If serving papers is simplified, then the judge can take up the case quickly
- Why should we not file/serve papers as we do anywhere else? Why do we need an SLP somewhere and application somewhere else? It is not the application that is the criteria but treatment or prioritisation. This could be made very simple. For instance, in the court website which is an extranet always on for the advocate, an advocate can click on the type of application; which will contain the format in which it should be submitted. He can simply fill details and click on "submit"
- All notifications will then become automatic. Unrepresented entities will receive their notification through courier (a service can be designated for that purpose too to provide legal sanctity). The petitioner's responsibility ceases if the notice is handed over to the designated courier who will in turn log on to the extranet with delivery status info.
- A intermediary layer in the judiciary can then verify all these. They can make short notes on every thing to the judge. Such short note shall be published and available to both counsel. Contesting counsel can also contest the short note. The intermediary layer will again consider the contesting claim and place it finally for the judge's perusal. The note to the judge is given after verification and research. The intermediary layer is manned by junior judges.
- The designated judge will have lesser work to do. Matters to appear before him will be at the appointed time fixed by the intermediary layer in mutual consultation with the competing lawyers. We can fix time limit to study papers or collect further information. Over a period of time, most of the information will be available to them on the extranet itself.
- Only when there is a specific application for early hearing or if it a suo-moto matter, then the designated judge takes a call.
- All court rooms shall have a large screen wherein the citations etc. are projected whenever accessed.
- We then have a beautiful environment where the judge, competing counsel, spectators sit in comfortable surroundings. Two large screens on either side display info. The advocate pleads politely and makes citations through the links which get instantly transmitted on to the large screen. The judge summons clarifications right then and there. The court officer offers research assistance. The judge can also confer through video conferencing with the intermediary layer (judge or officer concerned) and unless otherwise necessary, pronounce his judgement/direction.
- This will be notified right there and all concerned receive their information.
Who would then say that law is an ass?
By
SR Sham Sunder, CEO/MD/Director Technoaid
| 05 29 2009 11:15:35 +0000
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