E n s u r i n g e x p e d i t i o u s a n d t i m e l y j u s t i c e t o a l l
SWEENY NAGPAL I SUSHMA RANA I SMRITI KOTIYAL I TANMAYA BHATT I SAURABH NAUTIYAL
BY TEAM : LEGAL EAGLES
Court cases drag on for years
Judges believe they are above
accountability; take many liberties of
Shortage of judicial staff and judges
India to have 15 crore pending cases
by 2040, report says
Bribing and Political pressure Expected vs. Actual life = Unreal
Supreme and High Court
CASE AGE DOES NOT EXIST
Current: 14,576 judges
10.5 judges : 1 million
• If a case has been dragging for the past three years,
there is no way one can ask the court "Why ?“
• A difficult legal process , in order to file the case
COURT PERSONNEL ARE OFTEN PAID OFF EITHER
TO SLOW OR TO PUT OFF THE TRIAL
“THE JUDICIAL SYSTEM IS THE MOST EXPENSIVE
MACHINES EVER INVENTED FOR FINDING OUT WHAT
HAPPENED AND WHAT TO DO ABOUT IT” –Irving R. Kaufman
OF THE YEAR
1999 305518 267992 404353
2000 321615 283700 447552
2001 341301 297370 491483
2002 402016 343900 532085
2003 396869 367143 561811
2004 432306 375917 613077
2005 460398 403258 651246
INSTITUTION, DISPOSAL AND PENDENCY OF CIVIL AND CRIMINAL CASES IN HIGH COURTS, DURING 1999-2005 IS AS UNDER
India has one-fifth the number of judges it ought to have. So if
you have one-fifth the number of judges, a case that would
have taken one year will take five years.
Focus Needed On:
expand the access of judicial services for all without compromising
on its autonomy and fairness
a feasible policy in order to achieve fast, quick and fair justice
“The dead cannot cry out for justice; it is a duty of the living
to do so for them.”- Lois McMaster Bujold
"More laws are not required to deal with acid attacks. There needs to be
implementation of existing ones. Most culprits go scot free and there is no fear
of the law," says S. Shivrani, an independent social worker.
It is a fundamental right of every citizen to get speedy justice and speedy trial
which also is the fundamental requirement of good judicial administration.
“Justice consists not in being neutral between right and wrong, but in finding out
the right and upholding it, wherever found, against the wrong”- Theodore Roosevelt
POLICY SUGGESTED: “MOTION TO STRIKE”
in order to provide speedy justice but not to compromise in its independence and
fairness. A Policy is made to help govern the nation and not to rule it.
• Target Number of cases solved on the daily or monthly basis
• The court will be working in 2 Shifts of 8 hours each
• Parallel benches for manual and E Cases , working simultaneously.
• Case age, to speed up the cases.
• Integrated Approach
• Early assistance to the citizens to provide speedy justice.
• A new governance structure
• Involving the media
• Various public services
Key Points Covered
How to increase the ratio of solving the case to the number of cases registered
We need invest in more assets - have more judges and Transparency in Judgment
“ B A L A N C E ” PROVIDES ACCESS FOR CITIZENS AND TIMELY OUTCOMES
A Balanced Justice System is one where efforts, expertise, and resources are carefully weighed against risk and applied in the most
proportionate way across the system. This means that there is a full range of tools available to justice participants and citizens to resolve
legal issues. It also means that these tools are developed based on sound evidence so that we make sure that solutions are proportionate
to the problems they are intended to help resolve. By continually striving for a balanced justice system, we can increase accessibility to
justice for citizens and ensure earlier resolutions.
Just like the corporate world, Two shifts of 8 hours each, should be introduced for
This will reduce the mental pressure on judges, thus increasing their judgment ability
E- FILING OF CASES
E- Filing should be made common and known to all. Volunteers/ help desks should
be made for people to help them feel comfortable with the procedures. Two
benches simultaneously working, one for manual and other for E- Filed cases.
Better balance system, reduction in case flooding
TARGET NUMBER OF CASES
Every judge must be given target number of cases to be disposed of- monthly, quarterly and
annually. Inability to meet these targets must be reflected in an annual appraisal process and
there could be significant financial incentives for judges to meet and exceed targets. This will be
managed by a chief monitoring officer
More cases solved, time efficient
To simplify this recurring procedure:
A Transparent Justice System is where all participants have a common understanding of system trends, where information that
shows how the system is operating is shared broadly, and where those who manage and lead the system are ultimately accountable to
the public for system performance. We must adopt modern business practices and technology to make sure justice resources are
allocated and managed efficiently and effectively with proportionate and timely outcomes. By having a transparent system, we will
be better able to provide the services and supports that the citizens of our province expect.
Transparency is the foundation for a modern justice system! INVOLVING THE MEDIA
Media plays a vital role in the
• Involving the media will
make the system more transparent.
• Media can be offered to pay the
judiciary for coverage of criminal
• This will not only make the system
transparent but also generate
revenue for the system.
• This will also increase the faith of
common man on judiciary.
We need to make sure the system is transparent. This means being
more responsive to ordinary citizens, being open about the information
that reveals how the system and its programs perform, and being more
Government will implement a governance structure that includes
strategic management and coordination across the entire justice
system, including criminal, family, civil and administrative justice.
There would be:
Public, evidence-based performance management
Public performance measures to drive executive decision-making
Aligning research investments in support of performance and reform
TR A N S PA R EN T J U STIC E: A PER FOR M A N C E FOC U S
Thus, it would lead to more equality among the citizens during an
on -going trial
OW N ER SHIP A N D EA R LY STA RT
Early intervention leads to better outcomes
CASE AGE, TO SPEED UP THE CASES
The judge, one the first hearing should decide the specific case
age, for how long a case should be considered, and should be
resolved within the stated time. An authority will be monitoring
its time management.
EARLY ASSISTANCE TO THE CITIZENS
We want to create a system that increases the likelihood of early
resolution, and reduces reliance on traditional, high-cost methods of
adjudication. From the beginning of an individual’s journey through
the system, the options and responsibilities available will be made
clear. Early assistance to citizens can help people consider the nature
and complexity of their problems and reduce conflict, distrust, and
Taking a more integrated approach will avoid duplication, service
gaps, and contradictory approaches. It will also provide greater
opportunities to share knowledge and best practices among
various service providers and ensure systemic issues are
Citizens are not concerned about which level
or area of government delivers a service,
only that they are able to receive services
seamlessly. Citizens want a system that links
justice services with health and social
services to facilitate consistent approaches,
and allows people to receive assistance
when and where they need it.
“ACCESS TO JUSTICE IS MORE
THAN ACCESS TO COURT”
E COURTS /
E FILING OF CASES
E courts refers to online filing of cases. It removes the manual labor and reduces the paper work.
GENERAL PROBLEMS FACED:
• Not So popular
• People are not so aware about it.
• No proper advertisement about it.
Volunteers/ helpdesks at the
court premises to help common
man with proper E-filing of cases.
Proper and vast advertisement
through various news channels like
Doordarshan which has a far
greater approach to common man,
even in villages and taking the help
of print media and local news
Why do we need it?
Filing of cases will be easy.
Online status of cases will
This will reduce manual
Paper usage will be
M O N I TO R I N G S Y S T E M F O R Q U I C K A N D E F F I C I E N T S Y S T E M
North Zone Chief
East Zone Chief
South Zone Chief
Central Zone Chief
West Zone Chief
Chief Justice of the State
Zonal states come under the Zonal head having subordinates per zones
Furthermore, the zonal system is categorized as:
Zonal Chief : Appointed by the Chief
The Chief Justice of the state will come
under the authority of Zonal Chief
The District judge will be specially
appointed by the Chief Justice of the State.
HOW is this policy helpful ?
• Lots of pending case
• A difficult legal process , in order to file a case
• Appointment of the judges is considered to be
biased and partial
• Less Fast track courts.
ADD-ON BY THE POLICY
• Pending cases can be solves by the judges more
easily by the concept of shifts
• E filing of the case will make this process easy.
• Since the judges shall be appointed and
transferred by the regulation under UPSC, it will
make this process transparent.
• Since the courts will work on shift basis, fast
track courts shall also work in same way.
RISKS AND MITIGATION
In order to give quick decisions, the
judges may sometime give inefficient
Involvement of media may obstruct the
privacy of the court rooms.
Judges may not agree to work in
The involvement of media will make the
system transparent as the serious criminals trail
and judgment will be shown live, making a
better impact on the society. The society will
have more faith in justice.
By making the rule of shift system, it will be
mandatory for the judges to work in the shifts;
they will work in both shifts alternatively during
“The law should be a shield for the weak and powerless, not a club for the powerful.”
- Gov. Roy Barnes, 2004 Equal Justice Conference
• Law Commission of India : Need for Speedy Justice 2009
• Law and Justice: A Look at the Role and Performance of Indian Judiciary
• 8-E-governance&Judiciary by Prof.Vivekanandan
• Judicial Impact Assessment Report Vol.1
• JUDICIAL ACTIVISM UNDER THE INDIAN CONSTITUTION’-Address by Hon’ble Mr. K.G. Balakrishnan, Former Chief Justice of India.
• DISCUSSION BY THE TEAM WITH LEGAL PERSONNEL.
• VISIT TO THE LOCAL COURTS TO SEE THE WORKING OF THE COURTS.