Topic- Ensuring timely and expeditious
justice to all.
Proposed Solution-Formation of a
separate and independent Council.
Anant Saxena (Team Coordinator)
• Problem Statement
• Proposed Solution- Formation of a separate and independent Council
(Composition of Council)
• Implementation Model
• Budget source and Merits
• Challenges and Mitigation Factors
Problem - Number of pending cases in the country is
increasing year by year
Lower judge population ratio
• India has a low judge population ratio of 14
per 10 lakh people.
• Union ministry spends less than 1% of the
total budget on judiciary. The Court system is
therefore wholly dependent upon the non-
plan budget which remains almost static,
leaving little scope for modernization and
Lack of etiquettes and immoral
• This results in more number of strikes
amongst the lawyers and hence disruption in
the court proceedings.
Hindrance in the working of bar
• Ineffective control over the lawyers which
results in incessant strikes.
Pending cases (in cr)
Fast fact – India’s judge to population ratio is the lowest in the world.
Indian judiciary would take 320 years to clear
the backlog of 31.28 million cases pending in
various courts including High courts in the
country - PTI Mar 6, 2010, 06.05pm IST
•Conduction of exam.
•Formation of policies.
•Delivering of guest
•Report the problems of
their respective regions to
the Think Tank
maintaining discipline and
•Maintain Law and Order
•Evaluation of Flaws of the
•Act as communication
channel between courts
All the LLB graduates (who wish to practice law in the courts ) have to
undergo a compulsory internship of 6 months under an advocate or in
institutions such as IJTR.
After the internship it would be mandatory for every fresh graduate to take
an exam that would check their basic skills as a lawyer.
This exam would be conducted once or twice a year and that too with a
o i al fee. It is ad ised, those ho do ’t qualify this test should co ti ue
with their internship until the next exam.
The above exam would test the theoretical as well as practical skills of the
candidates. This exam should be monitored by a council.
For existing lawyers, a seminar would be arranged from time to time
consisting of retired Supreme Court judges.
Fast fact- Number of vacancies in the judiciary as of January 2013 is at 3,000.
SC/HC Judges have
serve in the council
for 1 year and 2
IPS Officers will
also be recruited
on the basis of
their past records
Law Professors to
by the State
based on their
Fast Fact- Former Law Minister Ashwani Kumar admitted that the present process of appointment
of judges has not proved to be adequate.
The council will help keep a check on inefficient lawyers
*It is mandatory for the judges of
SC and HC to be a part of the
council for 1 year and 2 years
•Retired Defense 75
•Law Professors. 75
•Retired IPS Officers. 100
•Representatives from 150
•The meetings of the Council will be
conducted on a tri-monthly basis.
•The Council will be made responsible to
the Law Ministry.
•Active role of the Bar Council will result in
the decentralization of power, thereby
decreasing the extent of corruption in the
•Chief Justice of India will be the ex-officio
chairman of the council.
Fast Fact-Bihar has the highest number of Trial Courts. Interestingly it ranks second in the Highest
pendency of cases.
Set-up of Council Office
Other regular Expenses
Set-up of new trial courts
Improvement of the infrastructure of existing courts
Salaries of technical and clerical staff
IT Software costs
IT Hardware costs
Fast Fact- 30-35% pending cases could be easily resolved with the use of IT- Mr Kapil Sibal in Rajya Sabha.
Budget and Merits of the Council-
Source of Budget- Merits-
• Increase in the efficiency and
capability of lawyers.
• Increase in employment
opportunities for technical as well as
• Enhancing the transparency in the
• Decrease in the number of pending
• The council will be able to fill 60% of
the vacant posts of the judges as well
as disposing of a million pending
cases per year by generating efficient
and talented lawyers .
Auto Generation of funds
According to National Data Survey-
• Number of current lawyers :1.3 million
• Lawyers above the age of forty : 0.5 million
Contribution by each lawyer per year
Total contribution : 2500 million
Increasing the Union Budget
allocation to the Judiciary.
Funds via examination fee
Fast fact-The 21 High Courts decide on an average 1.5 million cases per year while the
Supreme Court decide well over 50,000 cases every year.
Key concepts and implementation risks-
• Awareness campaign.
• Make it compulsory for the HC judges
to serve for 2 years and SC judges to
serve for 1 year in the council. After this
period the extension is voluntary.
• The composition of council has people
hailing from different backgrounds.
• Funding from other sources via
examination fee as well as the
contribution from lawyers.
• Ensuring more power to the Bar Council
would help in ensuring transparency
and efficiency in the judiciary.
• The judges, professors and other personal
might hesitate in working after retirement.
• There might arise a situation of nepotism in the
council because of the authoritative position of
the judges before retirement.
Risks of implementation-
• The government might not see any point in
increasing the budget allocation to the
• Transparency and efficiency should be the
topmost priority in order to effectively
implement the model.
• There might be disconcern among the lawyers
who need to contribute a certain amount.
Fast facts – Allahabad HC tops the list of maximum pendency of cases with about 10 lakh pending cases.
Proper Education is the
NEED OF THE HOUR.
By inculcating moral
values and ensuring
integrity of character
among the students
during their crucial years
of education one can
solve not only these 14
critical problems but all
• Law commission of India : Need for Speedy Justice 2009
• Law and Justice: A Look at the Role and Performance of Indian Judiciary
• Need for Speedy Justice – Some Suggestions
• Law and Justice: A look at the role and Performance of Indian Judiciary by
PROF. N.R. MADHAVA MENON
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