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GNLUCrusaders
 

GNLUCrusaders

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    GNLUCrusaders GNLUCrusaders Presentation Transcript

    • "Power of Judiciary lies not in deciding cases, nor in imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man." – Justice John Marshall US Supreme Court (2010) ENSURING EXPEDITIOUS AND TIMELY JUSTICE TO ALL
    • • Judiciary is considered as the sentinel of the democratic set-up such as of India. The administration of justice is the most essential component of a Welfare State. • Expedient implementation and robust institutional execution of political as well as socio-economic policies are the new paradigms of judicial functioning. • Maintains Balance of Power and checks Arbitrariness. • Legislature and Executive hinder the efficient and speedy functioning while they allege judiciary for usurpation of extra-constitutional power. Importance of Judiciary
    • Lack of Judges in Courts Lack of Infrastructure & Technology Corrupti on in Judiciary
    • Lack of Judges in Courts Problems: •The vacancy in lower judiciary and High Court level is pivotal to dismissal rate of judiciary and backlog of cases. • Judges in lower judiciary are often lack in training in proper skills due to which the case disposal speed suffers at large. 0 20 40 60 80 United Kingdom Canada Australia India Judges Per Million Population 0 5000 10000 15000 20000 25000 Lower Court Solutions: •The filling of vacancy is concomitant to judge to population ratio and efficiency of judges must be focused to cater this problem efficaciously.
    • Adjournment & Delay Problems: •Rampant adjournments with liberal judicial approach has led to delay in delivering judgments. •The case disposal rate is problem at forefront and speedy justice is a standing challenge to judicial system Solution: •The judiciary must ensure strict approach towards adjournments and judges granting excessive adjournments must be answerable to high authorities with special reasons. •The case disposal rate can be fostered with stringent and strict approach of judiciary with combating tactics of anti-delay
    • Lack of Infrastructure & Technology Problems: •The Infrastructure of the Court is in the most dilapidated condition with congested space and falling walls. •The outdated system of filing and maintaining documents has created complex challenges with regard to their management. Solutions: •The Court complexes must be increased as and when required with better facilities for better working conditions.(78th Law Commission Report, 1979). •The E-Court system should be implemented with great urgency and importance.
    • Lack of Co-ordination Problems: •The modus operandi of police and other executive bodies in filling timely reports in Courts has become a challenge to avoid delay of judicial process. •The advocates are many times tending to delay judicial process due to various reasons due to which judiciary becomes helpless Solutions: •The police and other state agencies must be obliged to file timely reports, comply with court orders expeditiously, and extend other duties promptly. •A sincere and vigilant bar is concomitant to judicial process and advocates must extend support and cooperation for speedy disposal of cases.
    • Corruption in Judiciary Problems: •The rising corruption in the Judiciary is jeopardizing the judicial system and public confidence in Judiciary. •The opaque and closed door management of court registry has made the court system corrupt and has created access problem for common man, this is further aggravated by the lack of Chief Justices in performing their administrative functions. Solutions: •A Judicial Ombudsman must be created to keep vigil on the judiciary at the all the levels of judiciary. •The Chief Justices are not only judges but administrators of their respective courts and they need to take proactive action to ensure better court management and efficient court administration.
    • Annexure •Reports of the Committees & International Organizations: •47th Standing Committee Report on Judicial Standards & Accountability Bill 2010. • The Global Competitiveness Report 2009-2010: Country Profile Highlights; by World Economic Forum. •“Developing human rights jurisprudence, volume 4, 1992” by Commonwealth Secretariat. Legal Division. •Newspaper Articles: •“Ensuring judicial accountability”, An article by Senior Advocate P.P. Rao in “The Tribune” on December 08, 2010. •“Delayed Dawn” by HARSH MANDER, VIKRAM RAGHAVAN and ABIR PHUKAN in “The Hindu” on August 13, 2011.
    • •Journals: •“The Domain and Power of the High Courts in the Adjudication of Election Disputes” by S. Rahul & P.B.V. Nageswara Rao, (2001) 8 SCC (Jour) 6. •An Address to the 18th Annual Conference of the American Judges' Association by Justice V.R. Krishna Iyer (1979) 1 SCC (Jour) 7. •An Open Letter to the Prime Minister by Justice Krishna Iyer (1986) 2 SCC (Jour) 1. •Law and Men of Law by Justice H.R. Khanna (1976) 4 SCC (Jour) 17. •An Open Letter to the Chief Justice of India by Upendra Baxi, Lotika Sarkar, Raghunath Kelkar & Vasudha Dhaganwar (1979) 4 SCC (Jour) 17. •A Reply to "An Open Letter to the Chief Justice of India" by Professor P.S. Atchuthen Pillai (1980) 1 SCC (Jour) 22
    • •Democracy of Judicial Remedies — A Rejoinder to Hidayatullah by Justice V.R. Krishna Iyer (1984) 4 SCC (Jour) 43. •Federalism and Language Problem in India: A Study with Special Reference to Role of the Judiciary in India by Anirudh Prasad (1979) 1 SCC (Jour) 1. •Independence of the Judiciary by Justice H.R. Khanna (1981) 3 SCC (Jour) 15. •Judicial Activism and the World Judges' Conference by Justice A.M. Bhattacharjee (1984) 3 SCC (Jour) 1 •Judicial Process and Social Change by Justice O. Chinnappa Reddy (1981) 1 SCC (Jour) 4 •Law students, Lawyers and Judges in the new millennium by Justice M. Jagannadha Rao (2000) 8 SCC (Jour) 1
    • •The Judicial System — Has it a Functional Future in our Constitutional Order? by Justice V.R. Krishna Iyer (1979) 3 SCC (Jour) 1 •The Judicial Universe of Mr Justice Krishna Iyer by Dr K.M. Sharma (1981) 4 SCC (Jour) 38. •Books: •“Judicial Reforms in India: Issue and Aspects” by Arnab Kumar Hazra, Bibek Debroy, Rajiv Gandhi Institute for Contemporary Studies – 2007. • “Law & Practice Relating to Office of Profit” by P D T Achary; Bharat Law House Pvt. Ltd. Ed: 2006-1st edn. •“Challenges to Democracy in India” by Rajesh M. Basrur (Ed.), Year: 2009, ISBN: 0195698533