| Topic : Strengthening the Judicial System in India |
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Business and Law |
Social and Community affairs |
ICACO 'Indian Citizens Advisory Community Organization'
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Activity:
355 views;
last activity : 05 25 2011 17:30:39 +0000
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Delay in Decisions
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a middle layer for Facilitation through reforms
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Corruption
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Shortage of Judges and Staff
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judiciary from low to top level should be open to scruitny by an independent authority.
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Lack of Accountability
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Perception of LAW as a profession
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too many loop holes
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Wisdom of corrupt, conniving, shrewd & greedy lawyers & judges
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Procedure lacuna
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requires constitutional knowledge.
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PROACTIVE
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Political Patronage
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Political Patronage
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Fast Track All The Civil Suits
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Strict, fruitful reforms necessary in a time bound manner.
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carelessness of Indian people
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A Socialist Mrudangrajsinh
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Incompetency and corruption in judiciary
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closed set
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pertaining to judiciary
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DELAYED / DENIED
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JUSTICE DELAYED IS JUSTICE DENIED
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If you see the scenario of any crime the criminal is either a Politician or he is under the hand of any politician. These pol
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The main reason for delay in most of the decesions by our Judiciary is the Involvement of corrupted politics..
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Super computer in Judiciaal system.
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According to me the Indian legal system measures up rather well if assessed by the yardsticks of fairness and independence. Where it fails and by a long shot is in terms of speed and efficiency attributes that are vital for the health and credibility of any justice delivery system.Almost one-fifth (22%) of the respondents interacting with the indian judiciary have cases pending for more than five years. Clearly, seeking justice in India is a slow and a complex process. |
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Everyday we find contradiction in the views of Judges in the same bench and totally opposite views in a higher court on the same case. It has become common for the higher court to rubbish the decision of the lower court. How can be the law in judicial system can be different in different courts or when handled by different judges. We can overcome this problem by using Super Computer to arrive at decision based on all facts and data related to the case fed into it. This will help to remove the bias, ambiguity, delay, corruption and expenditure in the judicial process.
adv.s ratnaparkhi it is true that there is delay. the judges are overburdened by cases. most of the cases filed bsfore magistrates are u/s 138 of n.i.act filed by money-lenders, and the bulk is by finance cos. they drag the cases till they extract all the amounts with penalty and compound interest and other costs,expenses. in civil suits, the litigants deliberately prolong the matter. the litigants do not attend most of the dates, the lawyers have to attend . the lawyers do not get paid per date, that practice is in the h.c. and s.c.the litigants do not co-operate with the lawyers and hence the delay.
Lawyers, Litigants and Judges, all are responsible for delay. judges are less in comparision to the bulk of cases filed. Lawyers delebarately attempt to delay the hearing by asking for passing over. They are paid for each date of hearing. So this is a mode of making money for advocates. That is against the ehtics of this novel profession. Several cases are filled with wrong intent to defraud or to cause delay in getting the title for which they are entitled. Attempt taken towards ADR may be helpfull in handling this.
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I can support all the five ideas on this and oppose them too. 1 Corruption : There is corruption but all lawyers and judges are not corrupt. Law provides a unique opportunity to explore many options and readh justice. If you have to win a race, you have to first be prepared and capable of reaching the post. Once you enter the justice delivery system, be prepared to go all the way. You will find justice. 2 Delay in Decisions : This is the theme of my idea too. But I have a solution and not complaint. 3 Shortage of Judges and Staff : The number of judges, lawyers and staff is sufficient if the justice department makes use of technologies available and simplifies procedures. My idea elaborates further. 4 Perception of LAW as a profession : Lawyers are not accountable for result. This principle is very good but unfortunately has contributed to a sense of recklessness and carelessness. Client of a lawyer is always at the receiving end both from his opponent as also from his own counsel. 5 too many loop holes : The guiding principles are very sound. Law might have provided people to explore and exploit loopholes. They can be caught in different other ways too. Basically, our advocates should know whether they can win a case or lose it. If they are confident of a win, they can plan their case right from the beginning plugging loopholes. Now coming to my idea, there is need for a middle layer of facilitation and coordination. Why should a judge order notice. Should this not be seamless? Why not we reach the judge only where judgement is needed? Rest of the details should be handled by competent people and with technological support. There is need for all advocates to be communicated technologically. What is wrong in providing every advocate a laptop through loan? We can make it obligatory on the advocate to access details relating to his client through the internet. It is like signing an attendence register. If the advocate is unable to access his case details through perhaps "l-mail", he has to seek leave of absence. While on the subject, we need to provide a laptop, maintain it, develop a "l-mail" system, automate justice delivery procedures and offer cheaper wireless broadband services to these advocates. If any company wants to take this initiative, I can assist in development and delivery. I can also liaise with banks and legal departments of the government. With the above, a middle layer is not expected to be a hindrance but a facilitator. This middle layer provides all data and details to the judge. They will do the research and assist the judge. We will then restrict a judge to deliver judgement. Today, a judge is expected to become a clerk, receptionist, headmaster, postman, policeman too. This should be avoided. |
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there is fear of hacking and tampering in electronics. hence present system is good .mr.shamsunder is not aware of the court procedures and their purpose and consequences. a bulk ,hundreds of cases are filed per day by finance cos. and are dragged endlessly. nobody follows them once filed.these cases consume most of the working hours of the judge.in h.c. and s.c. the no. of judgs is less. even there the pil.s and other matters filed to prolong matters in trial courts are most in no. identifying and rejecting such matters at all levels by puisne judges will avoid over burdening, and help in speedy justice.a principle dist. and sessions judge is senior most. he should be treated equal to h.c. judge and petty appeals and other matters should be entrusted to him, and should not be sent to h.c.
First and foremost - 90% of the judg's work every day in lower courts is to grant time. A junior/trainee judge can do this. Why should the designated judge keep granting time at least 50 times in each case?
In the high court, the problem is something else. The case does not reach... Out of around 20-35 cases listed, only 3-4 cases are heard. This has happened most of the time in Court Hall 1 in Karnataka High Court where the Chief Justice sits. Rest of the cases, even when reached, are routine matters.
Why should the senior judge sit on small issues. The practice in high court is that a junior judge sits along with the senior judge (to acquaint himself with the judgement process). I feel, the junior judge could first handle the middle layer as I have suggested earlier. He should take a decision on what matter should reach the designated judge. The designated judge could concentrate those cases that need to be heard.
Even while hearing, most of the research requirements should be first handled at the middle layer. All documents (relevant ones in the opinion of the junior judge) should be precis written for the information of the senior judge. The entire case summary (in brief) should also be given to him. This way, the danger that the judges miss some of the points will be eliminated.
Mr.Sham Sunder you have made some good points but I would really want to know that where have you read that Judges are being used for many purposes other than giving judgment and even in that they are not capable enough to give a fair & speedy justice to the victim......You have also mentioned that if one is determined enough to get justice then he will get it at some time but what is the point in getting justice when one have to spend lot of money on the lawyers and other court related work for a number of years."Is Justice delayed not justice denied".
Get rid of all the above problems and we could see the light at the end of the tunnel.
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The biggest setback for Indian Judiciary is Corruption.Incompetence and corruption has corroded the country's jujstice system and there is an urgent need to stem the rot.There were various instances in the past which shows that the people who are responsible to provide a fair justice to citizens of the country are themselves corrupt and are not justifying the importance of their positions. So a few corrective measures are absolutely necessary to restore its health and make the institution more effective and accountable. |
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At macro level itself, there seems to be a non-exhaustive list of factors responsible for the aggravated form of judiciary. Amongst all, the top slot has been occupied by the corruption that may be invisible to most of us but has made its presence felt at many occasions, from time to time. And that would be, in my view, the ugliest face of any judiciary system existing on the planet, if continue un-abeted..
there is lack of merit and legal wisdom in most of the judges. very few judges are corrupt, their judgements are overruled in the appeals, and such judges do not stay for long, as they are terminated once they are identified. litigants and lawyers adopting corrupt practices are also responsible, but even such people fail if they are unable to corrupt a judge.
defenitely, i agree with arti, today corruption has become an alarming issue which is required to be curtailed to bring back the faith of common people who approach the court of law for justice but due to corruption they are not able get the justice the end for which judiciary is set up as the third organ of the govt. moreover will alos like to add that former CJI also accepted the fact of corruption in this system from top to bottom which itseflf proves that imeediate steps are required to be taken to prevent corruption. even lack of judges and staff is the second important factor which provides for delay in justice. and therfore it becomes the responsibility of state govt and central govt to recurit judges and fill the vacancies which will atleast solve the problem to great extent.
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First of all I completely agree with both the ideas mentioned.And as for my point of view I think that there is a huge shortage of judges and staff in our judicial system and they are incapable of handling millions of cases of such a large population.India has fewer than 15 judges per million people, a figure that compares very poorly with countries such as Canada (about 75 per million) and the United States (104 per million).There is severe shortage of staff. Therefore the workload on the present staff is immense which is a big drawback for our Indian Judicial system. |
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the no. of judges should be increased, at the same time cases filed by finance cos. u/s/138 of n.i.act should be entrusted to a single judge and such cos. must pay for the time they consume, so also frivolous, false and luxury litigations should be dismissed at the earliest, thus lesseining the no. of cases, and devoting time to genuine cases.
I agree with you in toto.
I do agree with this. There are numerous cases and only few judges to handle those cases. Judges are handling more than hundred cases every day, so it is practically impossible to handle so many cases judiciously. Govt should increase number of judges and their staff.
judiciary from low to top level should be open to scruitny by an independent authority.
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they too need to be transparent and accountable .
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this may create a new menace. then again,who will be the appellate authority over such body? who will be members,their qualifications etc.certainly people from ruling political parties will be appointed, causing havoc and new wave of blunders.
Priya i am agree with your idea that there will be an open scrutiny for judiciary from low to top level to maintain trust among people.
Many ideas written here by many experienced person. But what will be the conclusion of all this practice? Because the main reason is Lack of Trust.
SR Sham sunder give a great idea to us but they didn't mention here that the point of trust. I am not saying that all lawyers, judges are corrupt but there is shortage of name of lawyers who refused to accept the case of his old client although they are the real culprit. Its come under their profession to make arguments from the side of his client.
It is the main reason for that genuine person have not trust on Judicial system. Culprits are proved as victims & victims proves culprit in many cases. I am not saying that in all cases but judiciary system is very sensitive area it is the place where we are making new criminals. The Point is that How can we maintain Trust of judiciary system so that a victim or non-criminal person can't fear from judiciary..........
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By Lack of Accountability means that responsible people are not afraid of any creditable action against them for dereliction of duty.They know very well how to make best use of loop holes in the present system.Accountability even if it exists is not rigorously enforced. |
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there is vigilance committee of judges to monitor the complaints against judges, their scope can be widened.
power and accountablility go hand in hand and therefore there is need to set accountablity and transparancy in their working. nodoubt the diposal of cases depends upon many factors but still if justice are not delivered even after 20 yrs of filling of case then the accountability is to be determined for this department as a whole.
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Arey yaar woh kaale coat ke log!! Thats the perception. Also its a dampener when you enter a court premise you find these kaale coat wallahs with red mouth (paan chewing) literally running and gunning (pun intended) for getting a case! They have made their own profession cheap by using a soliciting tactic and the openly accepting bribes! Also, these kaale coat wallahs are really adept at getting taarikh pe taarikh!! What else do we expect? Also the number of judges as pointed out by Mr. D Deshpande! How pathetic can that be? Our people are just not interested in becoming a lawyer at all. Thankfully because of US of A, our protectors of law are getting better in their approach. Corporates are embracing legal as a very important department in their heirarchy. We are making progress there NOW! |
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one should always relate with sophisticated,dignified relatives, friends, colleagues,professionals,organizations,people etc. have a positive mind. there are indignified, unscruplus people in every field, organization and all walks of society.
I completealy agree with you.
The perception of people about a lawyer are never positive. If even one looks in the society, the lawyers are considered as the ones who always articulate things, who are diplomatic, who never speak truth. Also they do not get much respect in the society. Even the lawyers are in the negative list of NBFC and Banks, they do get Credit Cards, Loans easily..
Also to grow in this profession it takes almost 10-15 years. If one wants to be a Judge, he will have to work for 10 years and then he is elligible, wheres in corporate if u perform, the place is there for u..
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there are too many loop holes in Indian Judiciary.for every act, there is a remedial act and only intelligent lawyer/law maker is making merry by virtue of his/her judicial knowledge and linking it to circumstancial substances and simply making the entire system out of belief.as long as our law makers tend to amend constitution at thier will and wish, we can't see any turnaround in judicial system.this is the case in most of the countries and India is not an exception!! speedy redressal of cases with correct adjudication is the only solution and ofcourse there should not be any corruption. |
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the remedies are there for the aggrieved. there are no loopholes, but these are remedies and opportunities given by law to the aggrieved. a clever lawyer may prolong the matter by (mis) using the provisons of law but he can never defeat the cause. the lawmakers, in all their wisdom, have drafted the law.
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If you have money you can buy the whole judiciary and keep it pending for your life using micro-nano glitches in case & law. A car driver who raped and killed a BPO girl got life sentence within 2 years of case life because he is not having enough money to drag the case till end of his life. On the other hand there are numerous similar cases pending. SP Rathor case, Arushi murder case,Shiney Ahuja case, Goa Rasian tourists case, manu sharma Naina Sahni Murder, Priyadarshini Mattoo Murder, Shivani Bhatnagar Murder to name few. All cases pending on politicians, LaluYadav, MadhuKoda, Raja off let LalitModi, Kalmadi. Simple. if you have money you can twist law using these cunning lawyers & Judges.
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Correctly said,there is no such provisions for execution of speedy trial,only law on paper.
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The foreign terrorist Kasab's case is a typical example. With all corroborating evidence against him readily available, and a special court to deal the case, it took over one year to reach a verdict and accord punishment. It will take at least another year to get it go through HC, SC and then the President. There is no provision to take action and chargy perjury against the defense lawers, who wilfully and knowingly make up lies and false evidence and witnesses against the prosecution. |
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we the people of india are not having full knowledge of our constitution.this is the main setback for indian judiciary. we blindly accept the verdicts of our advocates. we are unable to make comment on judicial proceedings within the purview of laws. a bad judgment is always put on the record as precedent. money is taking vital role in the judicial system.common man unable to get the justice without the help of advocate. no hearing is admissible before the bench when a jury troughs the case file to the court officer. judicial reviews are eyewash only. most of the judges are premind set that on what ground this case can be dismissed. judicial department is unable to find the truth that a life/no.of life is/are behind on that case. in order to resolve this we must acquire the knowledge of our CONSTITUTIONAL ACT OF 1950. |
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HI ARTI THE JUDICIARY CAN BE MORE PROACTIVE IN TAKING NECESSARY CORRECTIVE ACTION AS DEEMED FIT AND NECESSARY |
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Even though denied vehemently by everybody it exists. The proof being that the executuve class is involved inappointment and transfer of judges. |
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Even though denied vehemently by everybody it exists. The proof being that the executuve class is involved inappointment and transfer of judges. |
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Unless the pending court cases are not fast tracked and especially civil suits or civil cases. The Indian Judicary cannot be effective in terms of giving justice. |
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The Indian Judiciary suffers from several setbacks. To note few of them are incompetence, supermacy, self ego problem, political inclinations, carelessness, non accountability, non adhering to qualities & standards before elivation to superior judgeship either from lower judiciary or from the bar associations, canvassing etc. The judgements and / or orders are too ambiguous from higher judiciary,by not fixing any accountability on the erring person causing hardship on the litigant. Thanks. |
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The root cause for all the evils and loopholes in the judiciary system is the carelessness of we people. Its we who give the bribe to lawyers and then say corruption has increased. When there is the qestion of Amarnath land we come out in lakhs on streets and make co-ordination committes to force government to take immediate action but as far as social evils are concerned we keep mum WHY? because we are ourselves involved. First let us change our mentality and fight back all the evils..... |
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I belive that Indian Judiciary is nowadays is going on the race as well as on caste basis and it is lossing it dignity it's idiology is also a money minded that we donot have to work but we have to just make delay in justice and make people feel that we will not get the justices in time though we are nowadays appointing too many Judicial persons
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The number of judges not sufficient. Low pay scale and conditions of living and appointment of incompetent persons as presiding officers without checking their back ground (not always, but when the appointment is on the recomendations) result in corruption. The other reason, the justice delayed is justice denied at the same time justice in haste is justice waste. In Maharashtra, particularly in the city of Mumbai, the back log was reported to be highest 2-3 years ago. The judges were directed to dispose of the cases EXPEDITIOUSLY. The reason for back log were various, such as insufficient number of judges, lack of infrastructure and ever increasing litigations filed in the Court of Law. However with directions to dispose of the matters, the judges started beyond their strength. Though certain numbers of judges were also increased, but still the numbers of litigations pending were high. Now the back log is almost gone in the lower courts, but the numbers of appeal in the High Court has increased many fold. Where is then the fast disposal of litigations ? |
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Higher judiciary is a private ltd. company where no one can enter without consent of persons having control. The loyality shifts towards those and accountability wanes and the result are obvious |
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the principal setback is the misconstrued meaning of the term and its manipulation by people with their well seived out and arranged events n evidences and at times, by Authority itself ! Judiciary itself, I reckon, takes ages to understand the prolific n suitable meaning of justice and only emphasize on evidences that to an extent is valid and we people in general are unostentatiously supportive of but " evidences produced are cases won " should not be the slogan of Justice. another setback is the forced halt in d path of justice..., money, big names anf fear restrist the Authority to gear up for the move, on the other hand, the laid back attitude of the system..., of course ! there are many cases pending for years & years....either they are buried of and by force or put on hold because of lack of influence of force ( Monetary affairs). our Judiciary is not a garment shop wher we can bargain on products but the justice here within should be rightly and equally imparted, a'descretion ! |
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JUSTICE DELAYED IS JUSTICE DENIED
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I got the opportunity to see a witness cross examination long ago for a rape victim. I regret we call ourselves "MEN" The male advocate was talking just nonsense with the lady victim in such a filthy mmanner that I cannot express.She was constantly asked to repeat the same words and sentences before the crowd who was so eager to see her being ashamed in the court of law. I still remember people laughing and taking sips of pleasure. Sheh what a system we have.Lastly she gave up and what happened next God knows.
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If you see the scenario of any crime the criminal is either a Politician or he is under the hand of any politician. These pol
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If you see the scenario of any crime the criminal is either a Politician or he is under the hand of any politician. These politicians are using there powers to prevent our Judiciary to give there decisions. There are many files still closed by police under the guidance of politicians. I strongly think that our old and corrupted politicians are the basic reason for the Delay in Decisions. 0
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The main reason for delay in most of the decesions by our Judiciary is the Involvement of corrupted politics..
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If you see the scenario of any crime the criminal is either a Politician or he is under the hand of any politician. These politicians are using there powers to prevent our Judiciary to give there decisions. There are many files still closed by police under the guidance of politicians. I strongly think that our old and corrupted politicians are the basic reason for the Delay in Decisions.
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Every day we find contradiction in the views of Judges in the same bench and totally opposite views in a higher court on the same case. It has become common for the higher court to rubbish the decision of the lower court. How can be the law in judicial system can be different in different courts or when handled by different judges.
We can overcome this problem by using Super Computer to arrive at decision based on all facts and data related to the case fed into it. This will help to remove the bias, ambiguity, delay, corruption and expenditure in the judicial process.
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Guarantor is a person who takes guarantee that money will be repaid. So even if friendships may change he is legally bond to this. |
No we do not need change first. We need the implementation of laws first. Once they are implemented properly then we can think of change. How will change be helpful if pre-existing laws are also not implemented? |
It is not so simple to reduce inflation . It is in the hands of government and they should try to bring the inflation level down. Step one : say bye bye to black money. |