ensuring_expeditious_and_timely_justice_to_all
Upcoming SlideShare
Loading in...5
×
 

ensuring_expeditious_and_timely_justice_to_all

on

  • 653 views

 

Statistics

Views

Total Views
653
Slideshare-icon Views on SlideShare
621
Embed Views
32

Actions

Likes
1
Downloads
1
Comments
0

2 Embeds 32

http://indiancag.org 16
http://www.indiancag.org 16

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    ensuring_expeditious_and_timely_justice_to_all ensuring_expeditious_and_timely_justice_to_all Presentation Transcript

    • TEAM  DETAILS: RASHI  DHARIWAL SHAILY  JAIN SHIVANGI  KHANDELWAL PRADYUMNA  KIBE ADARSH  KUMAR  SINGH  (TEAM  CO-­‐ORDINATOR)
    • PRESENT SCENARIO OF JUSTICE TODAY THE DECLINE IN THE PRESTIGE AND IMAGE OF THE JUDICIAL SYSTEM IN INDIA IS A HARSH REALITY. THE GENERAL IMPRESSION OF THE PEOPLE IS THAT A LARGE NUMBER OF CASES ARE BEING DELAYED AND, IF ANY CASE IS FILED, IT WOULD TAKE YEARS TO GET A RELEF. MORE THAN 4,000 CASES ARE PENDING BEFORE VARIOUS REVENUE COURTS. SOME OF THESE CASES HAVE BEEN PENDING FOR MORE THAN 40 YEARS. 1634 CASES PENDING WITH DISTRICT CONSUMER REDRESSAL. JUDICIAL SYSTEM IS GROANING UNDER THE LOAD OF OVER 3 CRORE PENDING CASES AT VARIOUS LEVELS AND ITS IMAGE DENTED BY SPORADIC REPORTS OF CORRUPTION AMONGST JUDGES. QUOTED FROM THE BOOK SCALING JUSTICE BY SHYALSHRI SHANKAR HE SAYS SCHOLARLY STUDIES,NEWSPAPER REPORTS AND THE COURT’S OWN JUDGEMENT GIVE US CONTRADICTORY IMAGES OF A JUDGE IN INDIA’S SUPREME COURT :ACTIVIST, POLITICAL, CONFRONTATIONAL, POLICY MAKER, INEFFECTIVE, CORRUPT, APOLITICAL AND IMPARTIAL. MOST EXPERTS AGREE THAT INDIA’S SUPREME COURT AND LOWER COURTS’ PRO-ACTIVE BEHAVIOR ON SOCIAL RIGHTS CAN BE TRACED TO THE IMMEDIATE POST- EMERGENCY ERA WHEN JUSTICES EVOLVED USER-FRIENDLY APPROACHES TO THE COURT.
    • HOW COURTS TIME IS WASTED Reasons  for  adjourning   •  AHempKng  compromise.   •  Lawyer(s)  not  present.   •  Witness(es)  not  present.   •  PlainKff/defendant  not  present.   •  Lawyer  not  ready.   •  Material  not  ready.   •  File  not  available.   •  Process  not  served/received  back.   •  MaHer  with  appellate  court.   •  Miscellaneous  applicaKon  filed   (supervening).   •  LisKng  error.   •  Judge  not  available.   •  MaHer  not  reached.   •  Sine  die(adjourned  to  no  fixed  date).   •  OTHERS   TOTAL   Cases  pending   14   34   39   7   4   20   0   4   0   0   7   14   20   2   8       173  
    • DELAY IN JUSTICE Delay means a something that takes too long to happen but what is considered too long for some may be acceptable for others. In dispute resolution there is often at least one side within interest in maximizing delay. It creates inequality in access to justice- those with deepest pockets are most able to tolerate delay. It creates incentives for disputance to bypass delay where private alternatives including corruption. Chronic delay can convert justice providers into impeders of justice- institutional blockers of dispute resolution.
    • Timeliness  standard  for  case   disposal   Supreme  Court  and  High  court   Not  more  than  10%  of  acKve  cases   are  to  exceed  12  months.   Not  more  than  2%  of  acKve  cases   are  to  exceed  24  months   District  Courts   Not  more  than  10%  of  acKve  cases   are  to  exceed  6  months.   Not  more  than  2%  of  cases  are  to   exceed  12  months.   INSTITUTIONAL CONTEXT OF DELAY • Justice sector agencies typically do casework i.e. they process disputes or claims of all types case by case. • The notion of dealing is a common factor in assessing case work effectiveness. However the general cases affect what may be considered to be a standard of “unacceptable delay”. In defining acceptable delay the challenge is to set a standard of delay that those concerned consider acceptable. Standards can rightly vary according to the type of court and adoptive standard needs to be a guideline not mandatory and it will be useless unless adherence to it is actually measured and published.
    • WHERE DOES DELAY HAPPEN IN TRIAL OF A CASE?
    • CAUSES OF DELAY   • Indian courts have large backlogs. For instance, the DELHI HIGH COURT has a backlog of 466 years according to its chief justice. • Large number of vacancies in trial courts. • Unwillingness of lawyers to become judge. • Failure of the apex judiciary in filling vacant high court judges post. • Corruption has reached the highest judicial forum i.E. Supreme court of india. Routine court statistics – Many courts will count new case registrations monthly(possibly annual counts of active cases ),but often little else. Court caseload census- asking court secretaries to count cases as a one-off exercise Case file studies- examination of a sampling of court files to extract numerical information –e.g. age, case type Daily transaction survey – analysis of what occurs in a courtroom in terms of the processes of case disposal –e.g. ratio of disposed to adjourned cases per court day. Present process of appointment of judges has not proved to be adequate. Need to relook and revisit the entire justice system.
    • Reasons: According to the World Bank, "although India's courts are notoriously inefficient, they at least comprise a functioning independent judiciary"[6] A functioning judiciary is the guarantor of fairness and a powerful weapon against corruption. But people's experiences in fall far short of this ideal. Corruption in the judiciary goes beyond the bribing of judges. Court personnel are paid off to slow down or speed up a trial, or to make a complaint go away. Judges are also subject to pressure from above, with legislators or the executive using their power to influence the judiciary, starting with skewed appointment processes. Citizens are often unaware of their rights, or resigned, after so many negative experiences, to their fate before a corrupt court. Court efficiency is also crucial, as a serious backlog of cases creates
    • • Reform court rules for modern systems of case management. • Improve the personal effectiveness of Judges and court staff through training. • Give court personal better tools to work with such as Computer networks and Databases. • Give judges better technology to use in the court room. • Build better facilities for courts –refurbish offices and court rooms. • Budgetary reforms for courts –increase funds. • National building and management system for the administration of justice.atisfactory • Strengthening of the bar. • Strengthening of legal education. • Legislative reform to remove the bottlenecks that are adversely affecting the adjudication. • Satisfactory framework for judicial accountability. • Arbitration court should be setup so that some of the cases should be settled outside the courts.
    • benches. • The Bar Council should improve the mechanism and the license given to the lawyers should be changed. • As per changing time the lawyers and the judges should be given more resources such as online databases and they should be updated to the technology. • Around 100 crores rupees will be needed for the updation of our court rooms. • For this the government should provide assistance and this is a one- time settlement and this will change the scenario of the present judicial system.
    • HOW  WILL  WE  IMPLEMENT  OUR  SUGGESTION • By making national planning and management system for the Administration of justice. • By  making  systemaKc  plans  at  the  State  and  NaKonal  levels  to  overcome      the  delays  and  arrears  of  cases.   By making judiciary free from political interference directly. The people should be made aware about the Lok aadalats arb