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LeagueofJustices
 

LeagueofJustices

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    LeagueofJustices LeagueofJustices Presentation Transcript

    • “ OUR COURTS NEED TO BE URGENTLY STRENGTHENED WITH ADDITIONAL RESOURCES. THE FILLING UP OF VACANCIES IN COURTS ALL ACROSS THE COUNTRY MUST BE TAKEN UP AS A PRIORITY. THE PROCESS OF SELECTION AND APPOINTMENT OF JUDGES SHOULD CONFORM TO THE HIGHEST OF STANDARDS AND SHOULD BE BASED ON WELL ESTABLISHED AND TRANSPARENT PRINCIPLES.” - MR. PRANAB MUKHERJEE( HON’BLE PRESIDENT OF INDIA) “THE JUDICIAL SYSTEM IN INDIA HAS FAILED TO DELIVER JUSTICE TO LITIGANTS. IT IS INCREASINGLY LOSING ITS EFFECTIVENESS AND IS LIMITED BY INTERNAL AND EXTERNAL FACTORS.” - MR. GOPAL SUBRAMANIYAM ( FORMER ATTORNEY GENERAL) One Hon’ble Judge of Delhi High Court calculated that 464 years will be required to clear the arrears with the present strength of the judges in that High Court.
    • Supreme Court High Court Subordinate Courts 58519 4324742 26986307 Pending criminal cases (2011) 0 50 100 150 USA Canada England Malayasia India 2012 Judges/Million People As on 1.1.11 there are 3,20,40,202 cases pending in different Indian Court. It is estimated that the no. of cases has increased twelve folds while the no. of judges/courts increased only six times. In three decades the no. of cases is expected to rise to 15,00,00,000.  At least 75,000 judges will be required to handle these cases . In India we have 12.5 judges / million people. But 104 judges in the US .  A Delhi High Court judge calculated that 464 years are required to clear current arrears cetris paribus.  84.6% criminal cases are pending before the courts in India with a mere 15.4% disposal rate.
    •  Maximum number of cases to the Supreme Court come from nearby states/areas and even appeals are not evenly distributed.  High Courts which are nearer to Delhi and wealthier on average , are likely to generate more appeals. Nick Robinson in a report published in 2011 came up with the following data.  Proportion of Appeals from Different High courts in 2011. They become more with their proximity to Delhi.
    • This is where our solution fits in 5
    • • Increase the quality of judges in the lower judiciary so that lesser appeals are accepted. This we propose to do by changing the recruitment process. Changes in recruitment process • As introduced in 2 states, we think evening courts will definitely help in speedy justice by handling more cases with the existing infrastructure.Evening Courts • We propose to introduce a subject of legal awareness in all schools. They will be taught about the system of courts, their rights and duties and process of litigation so that in the future they know if injustice is being done. Introducing legal awareness at school level
    • Interview Mains Preliminary Exam Selection of Judges for Lower Courts & High Courts A Multiple Choice Questions Exam .The syllabus similar to the existing one in use. Subjective examination for those who pass the Preliminary Examinations based on annual cut offs. Final part of the Process. Two separate panels to interview the lower and higher Judiciary Process of Appointment of Judges for the Supreme Court- Panel: 2 members of Law Ministry (appointed by Law Minister) + 2 Senior most judges from SC Eligibility: At least 10 years experience as a HC judge. In case of tie: CJI will have the deciding vote Recruitment Process
    • Aspirants for lower judiciary The interview will be conducted by The Chief Justice of the Concerned High court, 2 Senior Most Judges of the High Court and the Governor . A judge with a minimum ten years’ of experience will be eligible to be a high court judge again after an interview comprising of the Chief Justice of the High Court, 2 senior most judges, Governor and Law Minister. Aspirants for High Courts The interview panel will consist of Chief Justice of the Concerned High Court, 2 Senior Most Judges of the Concerned High Court , Governor of the State and the Law Minister. A lawyer needs a minimum of 10 years’ experience before applying to the higher judiciary. In case of any vacancy in the High Courts, a ratio of 80:20 will be followed. That is, 80% from the lower judiciary would fill the vacancies and 20% from the lawyers with experience would be eligible. Thus every 4th person appointed as a judge will be a lawyer who has gone through the process of applying to the high court judiciary.
    • The committee has to make sure that the exams are conducted in a just and proper manner. They are responsible for making question papers for the exams. Perhaps the most important Function of the JSSC would be to ensure that all vacancies are filled, in the manner provided in the previous slides. Thy would be responsible for selecting the candidates who have scored above minimum marks and give them notices for their interview/mains. They also have to make sure that the mains/interview are carried out in a proper manner. Functions of the Judicial Services Selection Committee (JSSC) The entire process will be overseen by a Judicial Services Selection Committee consisting of 3 retired Supreme Court Judges to be appointed by the President of India by exercising his discretion. The JSSC shall be answerable to the President himself in case of any complaints/disputes.
    • CLASSES 8 TO 10 BASIC CONSTITUTIONAL RIGHTS AND DUTIES MCQ EXAMINATION AT THE END OF THE YEAR GIVE INFORMATION ABOUT BASIC REDRESSAL OPTIONS BASIC RIGHTS TO BODY AND DUTIES TOWARDS FELLOW CITIZENS PRACTICAL EXPLANATION THROUGH EXAMPLES AND CASE STUDIES Compulsory teaching. Basic legal knowledge. Will deter future litigants.
    • For appeals to the Supreme Court from the High Court, the State should fund the cases involving a substantial question of law as the concerned High Court deems Fit. This will lead to better quality of cases coming to the Supreme Court where highest level of judicial expertise is required. The HC’s have a large territorial jurisdiction hence all the appellate cases from a large number of district courts get concentrated in one court under a single bench hence increasing the pile of cases and slowing the judicial process. By recruiting more judges in the manner provided by us, supplementary benches can be made according to population density. District Courts Supplementary Bench Principal Bench High Court Increasing the retirement age of Judges In the High Court and Supreme Court to 65 years. The scope of Arbitration should also be increased .
    • HC- High Courts SC- Supreme Court CJI- Chief Justice of India DC’s – District Courts SB- Supplementary Bench PB- Principal Bench JSSC- Judicial Services Selection Committee CJ- Chief Justice
    •  http://doj.gov.in/?q=node/90  http://supremecourtofindia.nic.in/ncms27092012.pdf http://lawmin.nic.in/doj/justice/judicialimpactassessmentreportvol1.pdf http://www.slideshare.net/CMVerma/judicial-reforms-in-india#btnPrevious http://ncrb.nic.in/CII2010/cii-2010/Chapter%204.pdf http://ncrb.nic.in/CD-CII2011/cii-2011/Chapter%204.pdf http://indiandemocracy08.berkeley.edu/docs/Menon-LawANDJustice-ALook%20.pdf http://www.prsindia.org/uploads/media/Division%20High%20Courts/Select%20Committee%20Rep ort.pdf http://www.prsindia.org/uploads/media/Division%20High%20Courts/Select%20Committee%20Rep ort.pdf http://www.prsindia.org/uploads/media/1180414050/bill117_20070906117_Legislative_Brief____ Gram_Nyayalayas_2007.pdf http://www.prsindia.org/uploads/media/Judges%20(Inquiry)%20/bill88_2007100588_Judicial_Com mission_NAC.pdf  Law commission reports 221, 222, 230