CLOUTS
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CLOUTS CLOUTS Presentation Transcript

  • Team details: SREENIDHI INSTITUTE OF SCIENCE AND
  • • India has only 14 judges per 1million people where as the average data for developing world stands roughly at 40 judges per 1million people. • 3.5 crore cases are pending in Indian trial courts. • Article 21 stated that protection of life and personal liberty, it involves ensuring expeditious and timely justice to all citizens of India. • Financial experts opined that delay in delivery justice wastes 2% of the GDP as it creates hostile environment for investment and enhances corruption. • The long duration of a trial ,average 15 years in a criminal case,excludes the vulnerable from the judicial mechanism due to an increased cost of litigation.
  • 0 10 20 30 40 supreme court judges alloted judges present 0 200 400 600 800 1000 high courts judges alloted judges present High vacancy in courts and low judges to population Ratio are the two main reasons usually cited to explain high pendency of cases Currently,23% of sanctioned strength of the supreme court is vacant. The corresponding figure for high courts is 26%, and for lower courts is 18% Among large high courts, vacant positions in Allahabad HC amount to 45%, followed by 32% in punjab and harayana HC View slide
  • Proposed solution • By setting supreme court regional benches in each zone will be helpful for ensuring expeditious and timely justice. • We should able to set up supreme court regional benches in Delhi, Kolkata, Mumbai, Chennai so that we can cover all zones of India. • After setting up this system, Supreme Court of India should be worked as “constitutional court” . View slide
  • Merits of proposed solution • Now a days, for appealing on the decision of high courts we should reach Supreme Court which involves lot of expenditure for common man. • For the people of eastern and southern part of India ,they need travel thousands of kilometres to reach SC in New Delhi. • To all these people, these Supreme court regional benches helps a lot for expeditious and timely justice.
  • Implementation of the solution • According to 138 article in The Constitution of India stated as Enlargement of jurisdiction of the Supreme Court • The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. • By above article we can able to set up Supreme Court regional benches in north,south,east and west zones of india. • After setting up this system, Supreme Court of India should act as “constitutional Court” which will take up important issues regarding fundamental rights etc…
  • • After setting up this system, SC of India should acts as ”Constitutional Court” will also take up duties which are prescribed in the Article 131 in The Constitution of India, such as disputes between state and central government etc.. • In the world,55 countries had Constitutional courts and working efficiently. • Austria is the first country to implement constitution court, now France, Germany, Italy, Norway, America and other countries also had Constitutional Courts.
  • • Due to this judicial system, there is chance of expeditious and timely justice. • There is no need to go for SC of india for appealing the decisions of high courts, they can appeal in the SC regional bench which is present in their zone. • It results in timely justice and also reduces their expenditures for litigations. Impact of the solution
  • • This system is not only applicable to SC of India, this system can be applicable to High Courts in every states. • Already in many states, governments had High Courts regional benches for expeditious and timely justice. • This system results in the strong belief in the people that they can get expeditious and timely justice.
  • • A committee headed by SUDHARSHAN NATCHIYAPPAN in july,2009 also stated the necessisty of Supreme Court regional benches. • 18th Law Commission of India headed by DR.JUSTICE L.R.LAKSHMANAN,2009 also stated the structure of above judicial system. • Great law experts like V.R.KRISHNA IYER,former judge in the Supreme Court of India also said about necessisty of regional benches of SC in India. • Various reports submitted by parliamentary committees recommending such regional benches.