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A presentation by team “UTKARSH” on
CITIZENS' APPEAL: ENSURING EXPEDITIOUS AND
TIMELY JUSTICE TO ALL
 TEAM DETAILS
 RAHUL SANGHANI
 ANJALI GHOGHARI
 ANIL LAMBORIA
 KRUNAL LAKHTARIYA
 NILAM LAMBORIA
PROBLEM STATEMENT
1. PENDENCY OF CASES (AROUND 3 CRORE)
2. LOWER CONVICTION RATE (NO. OF JUDGEMENTS/ NO. OF CASES )
3. VACANT SEATS OF JUDGES
4. QUALITY OF DECISION
5. TIME SPAN FOR HEARING AND JUDGEMENT
6. INTERFERENCE OF POLITICAL PARTIES
7. LEGAL SYSTEM OF INDIA
 Here are some problems related to justice system of India.
“True peace is not merely the absence of tension: it is the presence of justice”
Justice is a concept Involving the fair, moral, and impartial treatment of all persons.
What is the situation in India today? The system is on the verge of collapse with more
than 30 million cases clogging the system. It will take more than 300 years..!! to clear
the backlog of cases in Indian courts is proof enough that our justice system is sick,
stagnant and in urgent need of a complete overhaul.
PROPOSED SOLUTION
An anti corruption commission should be set up which
will be independent from government and having
complete control on whole justice system to carry out
investigation of corruption cases taken placed in any level
and should have right to prove convicts in such cases.
 COURT FOR PENDING CASES
 JUDICIAL SURVEY BOARD  ADDITION OF LAWS AND NEW BILLS
 ANTICORRUPTION COMMISSION
It is advisable to form a national level government
authorized survey commission which will carry
out judicial surveys to straighten out effective
steps and innovations.
Courts should be established at different levels to
dispose huge number of pending cases (pending period >
7 yrs.) with an inclusion of “shift system” utilizing current
infrastructure.
Certain changes should be made related to laws
concerning working hours of courts and also new bills
should be passed enhancing access of a common man
towards justice system.
 MECHANISMS OF INFORMATION
 ROLE OF THIRD PARTIES
 ALTERNATIVES OF COURT
 INITIATIVES BY IT DEPARTMENT
As the court comes to a final conclusion on 1 case, in
between this period, more than 5-6 cases are brought in.
Many questions arise here, one of them is, “Why is our
judicial system so overburdened?” And the answer to it is
that, “The third party are not playing their role efficiently”.
If you have a dispute with someone, going to court to
resolve it can be an expensive, time-consuming and
stressful process. And in some cases,it can result in an
unsatisfactory experience. There are other ways of
dealing with many disputes
It is both in the interests of the Judiciary and in the public
interest that the public gets to know and understand what
is going on the Judiciary in relation to its mandate, so
proper mechanisms should be designed to spread
awareness in public and making them easily accessible to
judiciary systems in the most proficient way.
IT department of governance should be made proficient
enough to utilize new techniques in court system to enhance
communication and data sharing in internal structure. New
mechanisms should also be developed to reduce time span
for investigation and administrative work.
IMPLEMENTATION OF SOLUTIONS
COURT FOR
PENDING
CASES
ANTICORRUPTION
COMMISSION
JUDICIAL SURVEY
BOARD
MECHANISMS OF
INFORMATION
PROPOSED
CURRENT
 PROPOSED STRUCTURE OF COURTS IN INDIA
 ROLE OF THIRD PARTYPOLICE
DEPARTMENT
Role :- Gateway to enter justice
system, Responsible for
collecting evidence, Subduing
the offender, etc.
Need :- Paper and administrative
work should be made separate
from investigating work, More
co-operative for general public,
Anticorruption approach in
obeying duty
FORENSICSCIENCE
DEPARTMENT
Role:- Unearthing of
evidences, giving the scientific
details regarding the evidence,
Need :- Provide more hi-tech
technology, Proper
infrastructure to carry work,
skilled staff for this field, More
important make it
independent
LAWYERSYSTEM
Role :- Connecting chain for
justice system, Medium for
represent, Counsels for both
sides,
Need :- A proper code of conduct
to be made, High professional
ethics, Being natural for parties,
High qualitative education
 ALTERNATIVES OF COURT
ADR (ALTERNATIVE DESPUTE RESOLUTION) PROPOSED INNOVATIONS
A technique for the resolution of disputes outside the courts
where the parties to a dispute refer it to one or more persons
 Arbitration
 Conciliation
 Mediation
 Negotiation
 Collaborative law
 Conflict resolution
 Mutual Concern
MOBILE COURT :
 It is a wandering court which will resolute minor
problems related to matters of property, conflict
between persons, gambling, family matters, etc.
 It will dispose small scale disputes as listed above
within a certain time limit from the day of
acknowledgement of dispute with necessary
documents.
 ANTICORRUPTION COMMISSION
- There will be an independent body from government, which should have power to investigate
allegation of corruption in judiciary.
- A Detailed transparent selection process with public participation.
- Any citizen can make a complaint to District Court to seek removal.
- It will provide protection to whistleblower, witness and victims of corruption.
- Special safeguard provide against frivolous & mischievous complaints.
- Appellate Court will set up Special benches to hear appeals in corruption cases to fast track them
BODY SETUP
 JUDICIAL SURVEY BOARD
SETUP&
FUNCTION
OUTPUTS
SELECTION
PROCEDURE
CORE FEATURES
 It will be an Indian government empowered
board for carrying out judicial surveys at
different levels of entire justice system
 It will carry out annul surveys from all high
courts, special courts, prisons, forensic
science depts., police dept., heads of
prosecution to sort out problems and
backlogs
 Based on assessment of all surveys, It will
elucidate requirements and modifications in
Indian judicial structure.
 This output will be helpful for planning
commission and councils to take further
steps for letting down disorders and to
imply corrections where needed.
 ADDITION OF LAWS AND NEW BILLS
 MECHANISMS OF INFORMATION
Use of online website: easiest way to communicate
info regarding cases (pendency, results, procedure,
etc.)
Use on mail, online conference: easiest way to spread
info regarding justices system, law, or any other info
which is relevant for general public.
Use of mobile app : An innovative way to contact
general public, getting their response regarding justices
system, spreading knowledge, etc.
 Time to time updating of court websites at each
judicial stage
 Text creation, storage and retrieval
 Improved Access to the Law
 Recording of Court Proceedings
 Case Management and producing data for
administrative purposes
 Continuing Education / training
 INITIATIVES BY IT DEPARTMENT
 Modification in current adversarial system and approach to Inquisitorial system to include good features improving
efficiency of judiciary.
 New bills should be passed regarding increase of court working hours and multi-shifts approach and / or lower down
vacation period for higher level courts.
 Approval of effective bills like “right to justice act” and add on good features in favour of common man
 FINANCIAL REQUIREMENTS FOR EACH SOLUTION (% OF TOTAL FUNDS)
 SOURSES OF FUNDING
COURT FOR PENDING CASES15%
ANTICORRUPTION COMMISSION20%
JUDICIAL SURVEY BOARD25%
INITIATIVES BY IT DEPARTMENT10%
IPC AND SLL COURTS15%
IMPROVING INFRASTRUCTURE15%
Charges for special cases : There can be some
charges to the cases related to money business . A
certain amount of % can be charge on an certain for
e.g. cases having value more than Rs. 15cr
Bonds scheme : Government of India can introduce
a scheme by way of issuing Government Justices
Bonds (GJB) to collect a huge fund for infrastructural
changes that is much required at this.
Amendments in Income Tax Act : Some
amendments can be made in Chapter VI of the
income tax act regarding deduction u/s 80G,
so that a some fund can be collected by way of
donation
Fraction in budget : Apart from planning
commission, adequate amount of fraction should
be given in budget for judiciary.
IMPACT OF SOLUTION
1. DISPOSAL OF PENDING CASES
2. LOWERING TIME SPAN FOR HEARING AND JUDGEMENT
3. HIGHER CONVICTION RATE
4. IMPROVEMENT IN QUALITY OF JUSTICE
5. ESCALATE CARRER OPPORTUNITIES TOWARDS JUDICIARY SECTOR
6. STEPING UP TRUST IN JUSTICE SYSTEM
7. ELEVATE AWARENESS ABOUT JUDICIARY
8. GENERATE EMPLOYABILITY
 SUSTAINALIBITY
Looking to current burdened situation of justice system, in a long way,
above impacts will be effective to resolve problems and also to
maintain it efficiently and expeditiously.
Sound impact and monitoring of solutions are very important to evaluate their
value. As stated above, JUDICIAL SURVEY BOARD can be proposed to serve as
a monitoring system which will supervise the outputs by different surveys and
composite them to emphasis for a better resolution in current justice system.
 IMPACTS
CHALLENGES
1. INADEQUATE FINANCIAL RESOURCES
2. INSUFFICIENT AND INEFFICIENT HUMAN RESOURCES
3. INFLUENCE OF POLITICAL PARTIES
4. LAKE OF AWARENESS AMONG GENERAL PUBLIC
5. TIME SPAN TO IMPROVE QUALITY OF JUDGES
6. MISUSE OF POWER OR AUTHORITY
However , some mitigative steps can be taken to face above challenges.
 More attention should be given in budget and finding new financial
resources to establish proposed courts and organizations.
 Shift system can be introduced in courts to utilize existing infrastructure
involving more manpower to execute more trials.
 Awareness programs should be arranged
 Training for judges and motivational steps in to join courts as a judge.
REFERENCES
 NATIONAL CRIME RECORDS BUREAU
 WEBSITES OF DIFFERENT COURTS OF INDIA
 UPA GOVERNMENT REPORT 2011-12
 THE HERITAGE FOUNDATION
 THE FINANCIAL EXPRESS
 THE OUTSIDER (A DABATE SHOW OF MINISTERS AND EXPERTS)
 HINDUSTAN TIMES
 REPORT BY COMMITTEE ON REFORMS OF CRIMINAL JUSTICE SYSTEM TO MINISTRY OF HOME AFFAIRS
(DIRECTED BY DR.JUSTICE V.S. MALIMATH)
 YOUTH JUSTICE BOARD FOR ENGLAND
 CANADIAN JUSTICE SYSTEM
 THE TIMES OF INDIA
 THE HINDU
 LAW COMMISSION OF INDIA (REPORT NO.221 APRIL 2009)
 THE COMMERSIAL DIVISION OF HIGH COURTS BILL, 2009

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Utkarsh

  • 1. A presentation by team “UTKARSH” on CITIZENS' APPEAL: ENSURING EXPEDITIOUS AND TIMELY JUSTICE TO ALL  TEAM DETAILS  RAHUL SANGHANI  ANJALI GHOGHARI  ANIL LAMBORIA  KRUNAL LAKHTARIYA  NILAM LAMBORIA
  • 2. PROBLEM STATEMENT 1. PENDENCY OF CASES (AROUND 3 CRORE) 2. LOWER CONVICTION RATE (NO. OF JUDGEMENTS/ NO. OF CASES ) 3. VACANT SEATS OF JUDGES 4. QUALITY OF DECISION 5. TIME SPAN FOR HEARING AND JUDGEMENT 6. INTERFERENCE OF POLITICAL PARTIES 7. LEGAL SYSTEM OF INDIA  Here are some problems related to justice system of India. “True peace is not merely the absence of tension: it is the presence of justice” Justice is a concept Involving the fair, moral, and impartial treatment of all persons. What is the situation in India today? The system is on the verge of collapse with more than 30 million cases clogging the system. It will take more than 300 years..!! to clear the backlog of cases in Indian courts is proof enough that our justice system is sick, stagnant and in urgent need of a complete overhaul.
  • 3. PROPOSED SOLUTION An anti corruption commission should be set up which will be independent from government and having complete control on whole justice system to carry out investigation of corruption cases taken placed in any level and should have right to prove convicts in such cases.  COURT FOR PENDING CASES  JUDICIAL SURVEY BOARD  ADDITION OF LAWS AND NEW BILLS  ANTICORRUPTION COMMISSION It is advisable to form a national level government authorized survey commission which will carry out judicial surveys to straighten out effective steps and innovations. Courts should be established at different levels to dispose huge number of pending cases (pending period > 7 yrs.) with an inclusion of “shift system” utilizing current infrastructure. Certain changes should be made related to laws concerning working hours of courts and also new bills should be passed enhancing access of a common man towards justice system.
  • 4.  MECHANISMS OF INFORMATION  ROLE OF THIRD PARTIES  ALTERNATIVES OF COURT  INITIATIVES BY IT DEPARTMENT As the court comes to a final conclusion on 1 case, in between this period, more than 5-6 cases are brought in. Many questions arise here, one of them is, “Why is our judicial system so overburdened?” And the answer to it is that, “The third party are not playing their role efficiently”. If you have a dispute with someone, going to court to resolve it can be an expensive, time-consuming and stressful process. And in some cases,it can result in an unsatisfactory experience. There are other ways of dealing with many disputes It is both in the interests of the Judiciary and in the public interest that the public gets to know and understand what is going on the Judiciary in relation to its mandate, so proper mechanisms should be designed to spread awareness in public and making them easily accessible to judiciary systems in the most proficient way. IT department of governance should be made proficient enough to utilize new techniques in court system to enhance communication and data sharing in internal structure. New mechanisms should also be developed to reduce time span for investigation and administrative work.
  • 5. IMPLEMENTATION OF SOLUTIONS COURT FOR PENDING CASES ANTICORRUPTION COMMISSION JUDICIAL SURVEY BOARD MECHANISMS OF INFORMATION PROPOSED CURRENT  PROPOSED STRUCTURE OF COURTS IN INDIA
  • 6.  ROLE OF THIRD PARTYPOLICE DEPARTMENT Role :- Gateway to enter justice system, Responsible for collecting evidence, Subduing the offender, etc. Need :- Paper and administrative work should be made separate from investigating work, More co-operative for general public, Anticorruption approach in obeying duty FORENSICSCIENCE DEPARTMENT Role:- Unearthing of evidences, giving the scientific details regarding the evidence, Need :- Provide more hi-tech technology, Proper infrastructure to carry work, skilled staff for this field, More important make it independent LAWYERSYSTEM Role :- Connecting chain for justice system, Medium for represent, Counsels for both sides, Need :- A proper code of conduct to be made, High professional ethics, Being natural for parties, High qualitative education  ALTERNATIVES OF COURT ADR (ALTERNATIVE DESPUTE RESOLUTION) PROPOSED INNOVATIONS A technique for the resolution of disputes outside the courts where the parties to a dispute refer it to one or more persons  Arbitration  Conciliation  Mediation  Negotiation  Collaborative law  Conflict resolution  Mutual Concern MOBILE COURT :  It is a wandering court which will resolute minor problems related to matters of property, conflict between persons, gambling, family matters, etc.  It will dispose small scale disputes as listed above within a certain time limit from the day of acknowledgement of dispute with necessary documents.
  • 7.  ANTICORRUPTION COMMISSION - There will be an independent body from government, which should have power to investigate allegation of corruption in judiciary. - A Detailed transparent selection process with public participation. - Any citizen can make a complaint to District Court to seek removal. - It will provide protection to whistleblower, witness and victims of corruption. - Special safeguard provide against frivolous & mischievous complaints. - Appellate Court will set up Special benches to hear appeals in corruption cases to fast track them BODY SETUP  JUDICIAL SURVEY BOARD SETUP& FUNCTION OUTPUTS SELECTION PROCEDURE CORE FEATURES  It will be an Indian government empowered board for carrying out judicial surveys at different levels of entire justice system  It will carry out annul surveys from all high courts, special courts, prisons, forensic science depts., police dept., heads of prosecution to sort out problems and backlogs  Based on assessment of all surveys, It will elucidate requirements and modifications in Indian judicial structure.  This output will be helpful for planning commission and councils to take further steps for letting down disorders and to imply corrections where needed.
  • 8.  ADDITION OF LAWS AND NEW BILLS  MECHANISMS OF INFORMATION Use of online website: easiest way to communicate info regarding cases (pendency, results, procedure, etc.) Use on mail, online conference: easiest way to spread info regarding justices system, law, or any other info which is relevant for general public. Use of mobile app : An innovative way to contact general public, getting their response regarding justices system, spreading knowledge, etc.  Time to time updating of court websites at each judicial stage  Text creation, storage and retrieval  Improved Access to the Law  Recording of Court Proceedings  Case Management and producing data for administrative purposes  Continuing Education / training  INITIATIVES BY IT DEPARTMENT  Modification in current adversarial system and approach to Inquisitorial system to include good features improving efficiency of judiciary.  New bills should be passed regarding increase of court working hours and multi-shifts approach and / or lower down vacation period for higher level courts.  Approval of effective bills like “right to justice act” and add on good features in favour of common man
  • 9.  FINANCIAL REQUIREMENTS FOR EACH SOLUTION (% OF TOTAL FUNDS)  SOURSES OF FUNDING COURT FOR PENDING CASES15% ANTICORRUPTION COMMISSION20% JUDICIAL SURVEY BOARD25% INITIATIVES BY IT DEPARTMENT10% IPC AND SLL COURTS15% IMPROVING INFRASTRUCTURE15% Charges for special cases : There can be some charges to the cases related to money business . A certain amount of % can be charge on an certain for e.g. cases having value more than Rs. 15cr Bonds scheme : Government of India can introduce a scheme by way of issuing Government Justices Bonds (GJB) to collect a huge fund for infrastructural changes that is much required at this. Amendments in Income Tax Act : Some amendments can be made in Chapter VI of the income tax act regarding deduction u/s 80G, so that a some fund can be collected by way of donation Fraction in budget : Apart from planning commission, adequate amount of fraction should be given in budget for judiciary.
  • 10. IMPACT OF SOLUTION 1. DISPOSAL OF PENDING CASES 2. LOWERING TIME SPAN FOR HEARING AND JUDGEMENT 3. HIGHER CONVICTION RATE 4. IMPROVEMENT IN QUALITY OF JUSTICE 5. ESCALATE CARRER OPPORTUNITIES TOWARDS JUDICIARY SECTOR 6. STEPING UP TRUST IN JUSTICE SYSTEM 7. ELEVATE AWARENESS ABOUT JUDICIARY 8. GENERATE EMPLOYABILITY  SUSTAINALIBITY Looking to current burdened situation of justice system, in a long way, above impacts will be effective to resolve problems and also to maintain it efficiently and expeditiously. Sound impact and monitoring of solutions are very important to evaluate their value. As stated above, JUDICIAL SURVEY BOARD can be proposed to serve as a monitoring system which will supervise the outputs by different surveys and composite them to emphasis for a better resolution in current justice system.  IMPACTS
  • 11. CHALLENGES 1. INADEQUATE FINANCIAL RESOURCES 2. INSUFFICIENT AND INEFFICIENT HUMAN RESOURCES 3. INFLUENCE OF POLITICAL PARTIES 4. LAKE OF AWARENESS AMONG GENERAL PUBLIC 5. TIME SPAN TO IMPROVE QUALITY OF JUDGES 6. MISUSE OF POWER OR AUTHORITY However , some mitigative steps can be taken to face above challenges.  More attention should be given in budget and finding new financial resources to establish proposed courts and organizations.  Shift system can be introduced in courts to utilize existing infrastructure involving more manpower to execute more trials.  Awareness programs should be arranged  Training for judges and motivational steps in to join courts as a judge.
  • 12. REFERENCES  NATIONAL CRIME RECORDS BUREAU  WEBSITES OF DIFFERENT COURTS OF INDIA  UPA GOVERNMENT REPORT 2011-12  THE HERITAGE FOUNDATION  THE FINANCIAL EXPRESS  THE OUTSIDER (A DABATE SHOW OF MINISTERS AND EXPERTS)  HINDUSTAN TIMES  REPORT BY COMMITTEE ON REFORMS OF CRIMINAL JUSTICE SYSTEM TO MINISTRY OF HOME AFFAIRS (DIRECTED BY DR.JUSTICE V.S. MALIMATH)  YOUTH JUSTICE BOARD FOR ENGLAND  CANADIAN JUSTICE SYSTEM  THE TIMES OF INDIA  THE HINDU  LAW COMMISSION OF INDIA (REPORT NO.221 APRIL 2009)  THE COMMERSIAL DIVISION OF HIGH COURTS BILL, 2009