0
Name of the team members : Arzin Ansari, Bhrigu Sharma, Nandita
Hemmady, Rupal Shah and Srishti Rani.
Name of the college ...
Financial dependency of Judiciary on State and Central
Government.
 Greater financial independence will diminish the incen...
Backlog of cases
 Establishment of gram Nayayalayas
and Lok Adalat which are aimed at
providing inexpensive justice to th...
Hon’ble Shri Justice Asok Kumar Ganguly, a Supreme Court Judge, in
his article titled “Judicial Reforms” published in Hals...
Considering the staggering arrears, vacations in the higher judiciary
must be curtailed by at least 10 to 15 days and the ...
MANAGEMENT OF COURT AND CASES
 For Case Management, various aspects may require to be looked into,
such as:-
a. Settling ...
MANAGEMENT OF COURT AND CASES
 Timely recruitment and promotions of Judicial Officers, Public Prosecutor
and Staff are ne...
Delay outside the ambit of the judiciary since the disposition of a
court case depends upon several stakeholder
 Investig...
 Establishment of additional courts: Fresh courts need to be constituted to accommodate the
new judges together with effe...
Any effort to increase the quantity of cases resolved must not
adversely affect the quality and access to judicial process...
NATIONAL COURT MANAGEMENT SYSTEMS
(NCMS)
 Many of the recommendations made by the Law Commissions do not
require Legislat...
The National Court Management Systems will be under the overall control of Hon’ble
Chief Justice of India. It will primari...
References :
 National Court Management Systems, Supreme Court Policy and
action plan.
 Law and Justice : a look at the ...
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Transcript of "LegalEagle2013"

  1. 1. Name of the team members : Arzin Ansari, Bhrigu Sharma, Nandita Hemmady, Rupal Shah and Srishti Rani. Name of the college : Government Law College, Mumbai. “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” - Chief Justice of US Supreme Court John Marshall
  2. 2. Financial dependency of Judiciary on State and Central Government.  Greater financial independence will diminish the incentives for judges to seek funding through corrupt means.  Encourage the most qualified and young budding lawyers to join judicial careers.  Judiciary itself should control appointments, promotions, remuneration, disciplinary action, and dismissal and also be given significant control over the drafting and administering of their budgets by the committee formed to cover their salaries and operations.  Members of the above mentioned Committee should include impeccable retired and existing Supreme court judges, The Chief justice of India and a financial advisor.
  3. 3. Backlog of cases  Establishment of gram Nayayalayas and Lok Adalat which are aimed at providing inexpensive justice to the people in rural areas at their doorsteps.  Setting up of Special Courts in the matters to adjudicate cases investigated by the Central Bureau of Investigation.  Establishments of more trial courts for the speedy delivery of justice.  Huge backlog is due to piles of petty cases which could be disposed of by imposing fine. More offences should be made compoundable to bring them within the ambit of plea bargaining.  Filling up the vacancies of the judges as well as more appointment of judges be promoted.  Infrastructure requirement and other facilities needs to be provided if more judges are appointed.  Providing paralegal opportunities to law students to inculcate interest in pursuing judiciary as their carrier and be given enough opportunities through competitions to draft judgments and investigate the matters.  To make judges accountable, they should follow up the tabular system of filing in cases done by them regularly.
  4. 4. Hon’ble Shri Justice Asok Kumar Ganguly, a Supreme Court Judge, in his article titled “Judicial Reforms” published in Halsbury’s Law Monthly of November 2008.  There must be full utilization of the court working hours.  The judges must be punctual and lawyers must not be asking for adjournments, unless it is absolutely necessary. Grant of adjournment must be guided strictly by the provisions of Order 17 of the Civil Procedure Code.  Cases filed on similar points must be clubbed with the help of technology and used to dispose other such cases on a priority basis and one judgment should decide a large number of cases.  Similarly, old cases, many of which have become infructuous, can be separated and listed for hearing and their disposal normally will not take much time. Same is true for many interlocutory applications filed even after the main cases are disposed of. Such cases can be traced with the help of technology and disposed of very quickly.  Judges must deliver judgments within a reasonable time and in that matter, the guidelines given by the apex court in the case of Anil Rai v. State of Bihar, (2001) 7 SCC 318 must be scrupulously observed, both in civil and criminal cases.
  5. 5. Considering the staggering arrears, vacations in the higher judiciary must be curtailed by at least 10 to 15 days and the court working hours should be extended by at least half-an hour. Lawyers must curtail prolix and repetitive arguments and should supplement it by written notes. The length of the oral argument in any case should not exceed one hour and thirty minutes, unless the case involves complicated questions of law or interpretation of Constitution. Judgments must be clear and decisive and free from ambiguity, and should not generate further litigation. Lawyers must not resort to strike under any circumstances and must follow the decision of the Constitution Bench of the Supreme Court in the case of Harish Uppal (Ex-Capt.) v. Union of India reported in (2003) 2 SCC 45. Prompt appointment of new judges: India simply needs more presiding judges. At present, there are only approximately 15,000 judges in total and that too against the sanctioned number of around 18,000. Thus it is imperative to make up this shortfall and promptly recruit judges to hear the growing number of cases.
  6. 6. MANAGEMENT OF COURT AND CASES  For Case Management, various aspects may require to be looked into, such as:- a. Settling issues, b. Encouraging parties to resort to ADR, c. Extensive use of Order X of Code of Civil Procedure, 1908 in civil matters to narrow down issues, d. Fixing time schedules for specific steps.  Procedure for assigning cases to specialized Courts need resolution and computerization of Procedures be done.  The website should reflect the status of each cases.  Extensive use of video conferencing facilities be done, including use of free video-conferencing software available on the Internet.  5-year Development Plans for Courts should be initiated.  Judge-Case Ratio and Staff-Case Ratio needs to be worked out.  “Court Management Committees” are required to be made at High Court levels.  “Performance Index for Judicial Officers” needs to be settled.
  7. 7. MANAGEMENT OF COURT AND CASES  Timely recruitment and promotions of Judicial Officers, Public Prosecutor and Staff are necessary for effective Court Management. For convenience of litigants, “Public Relation Officers” are required to be appointed.  In the interest of Judiciary, Annual Confidential Reports of Members of Subordinate Judiciary be maintained properly and on regular basis. Patna High Court v. Pandey Gajendra Prasad and Others [J.T. 2012 (5) SC 457]  Hon’ble Supreme Court of India, in the matter of “All India Judges Association v. Union of India” [2002 (4) SCC 247], observed as under: - “ An independent and efficient judicial system is one of the basic structures of our Constitution. If sufficient number of Judges are not appointed, justice would not be available to the people, thereby undermining the basic structure. It is well known that justice delayed is justice denied..” Difficulties :  Delay in trial allows the guilty to get away as they are not awarded the punishment, which they deserve. It amount to double jeopardy.  Evidence is lost because of lapse of time and Witness does not remember all the details or do not come forward to give true evidence because of threat.
  8. 8. Delay outside the ambit of the judiciary since the disposition of a court case depends upon several stakeholder  Investigating officer is to render all possible assistance and facilitate the prosecutor. He should ensure that the summons are procured well in advance and served in time.  Unserved summons and non-bailable warrant have a telling effect on the criminal justice scenario. Police plead their inability to apprehend the accuse.  Accused gets bail as the investigating agency failed to submit charge sheet within statutory period. So any delay without just cause shall be grounded for administrative action against officers.  Independent wing of police force, fully in charge of crime investigation should be established. And this wing should be accountable to judiciary.  “Zero-adjournment policy” must be adhered by the special courts. Also seizure of large number of documents in the course of investigation of a criminal case is a common feature.  If one party doesn’t have documents and are asking for adjournments on that ground then court shall provide the documents.  “The functions of the police and judiciary are complementary and not overlapping.” And “conducting prosecution is a joint responsibility of the police and prosecutors” Should be the fundamental principle.
  9. 9.  Establishment of additional courts: Fresh courts need to be constituted to accommodate the new judges together with effective decentralization of the justice system. Specific measures to achieve these ends include setting up new state-monitored courts in every city and town, provincial courts (akin to panchayats) in rural areas, increasing working times of particular judges and special evening courts to help hasten the justice process. As this requires considerable funds, the government should support these initiatives with exclusive grants for the purpose.  Simplification of basic procedures: Most of the judicial formalities are beset by intricacies and bureaucratic functioning making them incomprehensible to the public. From the protracted registration of a case to the complicated rules involved in the same, there are many hindrances that ultimately lead to substantial trial holdups. These recondite formalities need to be promptly simplified to smoothen legal proceedings.  Computerization of judicial work: The judiciary would do well to automate their processes and eliminate paperwork to the furthest extent possible. Key steps in this regard could include e-filing of documents, establishment of legal databases, providing judges with laptop computers and internet facilities and development of inter-court networks for enhanced correspondence. These measures would definitely result in quicker adjudication, better coordination and successful time management.  Specialized training: Judges, especially from lower and sessions courts, need to be trained about the new mechanized procedures through fast track courses.  Eradication of Corruption: unprincipled lawyers deliberately delaying proceedings to favour rich clients to unethical judges purposely quashing cases for the lure of money and from business scions escaping scot-free for sports car homicides to dishonest employers evading legitimate charges made by trade unions. The negative fallout is the inordinate lacuna between the time of offence and sentencing leading to a buildup of cases. Hence the elimination of corruption is crucial to hasten the judicial process. 65% BACKLOG ARE CRIMINAL CASES.
  10. 10. Any effort to increase the quantity of cases resolved must not adversely affect the quality and access to judicial process.  Changing societal mindsets: In India, there is a tendency to litigate at the slightest provocation. This is because in these competitive times, people rarely think twice before treading on others' rights resulting in offences like plagiarism, copyright violation and fraud.  Encouragement of 'Out-Of-Court' settlements  Success of the Lokpal Bill recommendations: Another shot in the arm has been the recent consideration of the Lokpal Bill; experts believe a smooth Lokpal system would lead to the further freeing up of cases before the conventional courts.  Judges should be held accountable and action should be taken against them for unfair trial. Also their background such as appointment, qualification and also psychological ability should be checked.  Good Libraries and infrastructure needs to provided so that a sound judgement is delivered. If that is opposed then it is burden on higher courts which will take time and adds to the delay of the matter.  Lower courts operate in the local vernacular. In India, especially in the metros, it is quite likely that people appearing before the court do not know the local language. This could lead to difficulties in the conduct of the case and taking of evidence. Bad translations cause a great deal of trouble
  11. 11. NATIONAL COURT MANAGEMENT SYSTEMS (NCMS)  Many of the recommendations made by the Law Commissions do not require Legislative or Executive intervention and they can straightaway be implemented by the Judiciary. But, some would. The Judiciary is alive to the shortcomings and ills facing it and, in order to keep pace with time and changed scenario, the implementation of the recommendations is necessitated.  “National Court Management Systems” for the country that will enhance the quality, responsiveness and timeliness of Court.  Substantial upgradation of court management systems. Data on cases filed in the Indian judicial system are gathered and maintained in manual data systems by courts across the country considerable time is spent by local courts compiling data from manual registers to submit reports to higher courts sometimes which leads to even incomplete and wrong data.
  12. 12. The National Court Management Systems will be under the overall control of Hon’ble Chief Justice of India. It will primarily deal with policy issues. NCMS will include the following six main elements: 1. A National Framework of Court Excellence (NFCE) that will set measurable performance standards for Indian courts, addressing issues of quality, responsiveness and timeliness. 2. A system for monitoring and enhancing the performance parameters established in the NFCE on quality, responsiveness and timeliness. 3. A system of Case Management to enhance user friendliness of the Judicial System. 4. A National System of Judicial Statistics (NSJS) to provide a common national platform for recording and maintaining judicial statistics from across the country. NSJS should provide real time statistics on cases and courts that will enable systematic analysis of key factors such as quality, timeliness and efficiency of the judicial system across courts, districts/states, types of cases, stages of cases, costs of adjudication, time lines of cases, productivity and efficiency of courts, use of budgets and financial resources. It would enhance transparency and accountability. 5. A Court Development Planning System that will provide a framework for systematic five year plans for the future development of the Indian judiciary. The planning system will include individual court development plans for all the courts. 6. A Human Resource Development Strategy setting standards on selection and training of judges of subordinate courts. The administrative and technological “backbone” of these systems will be maintained at the Supreme Court and overseen by a Committee consisting of the representatives. Specific proposals will be developed in each of these areas for consideration and implementation by and through the High Courts.
  13. 13. References :  National Court Management Systems, Supreme Court Policy and action plan.  Law and Justice : a look at the role and performance of indian judiciary by prof. N.R. Madhava Menon  Judicial Impact Assessment: An Approach Paper India Development Foundation May, 2008.  http://498amisuse.wordpress.com/2010/06/09/backlog-of-cases- in-indian-courts-statistics-facts-and-solution-3/  http://www.indianexpress.com/news/lack-of-infrastructure-in- judiciary-responsible-for-backlog-of-cases-cj/1046033/  http://www.indianexpress.com/news/lack-of-infrastructure-in- judiciary-responsible-for-backlog-of-cases- cj/1046033/#sthash.feH6dQQw.dpuf  http://www.mid-day.com/news/2013/may/120513-court-backlog- can-be-cleared-in-2-not-320-years.htm  http://www.rtifoundationofindia.com/would-indian-judiciary-need-centuries- clear-its-ba-3766#.UhgndNLpCkM  http://newindianexpress.com/opinion/Power-to-appoint-judges-How-much- is-too-much/2013/08/18/article1739310.ece
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