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Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
Induction of National Court Management Authority in Indian Judicial System : Need of the Hour
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Induction of National Court Management Authority in Indian Judicial System : Need of the Hour

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    • 1. KALPESHKUMAR L GUPTAKALPESHKUMAR L GUPTA LL.M., MBL (NLSIU), M. Phil (Law)LL.M., MBL (NLSIU), M. Phil (Law) Academic Associate – IIM AhmedabadAcademic Associate – IIM Ahmedabad
    • 2. 1. Overview of Indian Judicial System 2. RTI Applications & Findings 3. National Court Management Authority 4. Concluding Remarks 5. Video on Pendency of Cases India 6. Q & A Outline of the presentation :-
    • 3. (C) K L GUPTA(C) K L GUPTA “Delays render the common man’s knock on the temple of justice a frustrating experience. Litigants are not able to lead normal lives being unsure of the verdict in their case.’’* H. E. Pratibha Devisingh Patil Former President of India * Speaking in inaugural address at the Seminar on Judicial Reforms at New Delhi Dt. 31st July 2011 *Source :- http://www.deccanherald.com/content/85283/president-tells-judiciary-clear-backlog.html
    • 4. (C) K L GUPTA(C) K L GUPTA SC 54,562 HCs 42,17,903 DC & Subordinate Courts 2,79,56,070 Source :- www.supremecourtofindia.nic.in
    • 5. (C) K L GUPTA(C) K L GUPTA “It would take 466 years to clear backlog of cases piled in the Delhi High Courts if the system works with the same efficiency.” - Hon Chief Justice A P Shah, Delhi High Court* “Indian Judiciary would take 320 years to clear the backlog of 3.2 crore cases pending in various courts including high courts in the country.” - Hon Justice V V Rao, A.P. High Court** •http://www.indianexpress.com/news/it-would-take-delhi-hc-466-yrs-to-clear-backlog-cj/423127/0 accessed on 20/01/2012 ** http://articles.timesofindia.indiatimes.com/2010-03-06/india/28143242_1_high-court-judges-literacy-rate-backlog accessed on 15/01/2012
    • 6. (C) K L GUPTA(C) K L GUPTA Sr. No. Courts Vacancies (%) A Supreme Court of India 13 B High Courts 1 Allahabad 50 2 Andhra Pradesh 33 3 Bombay 20 4 Calcutta 33 5 Delhi 25 6 Gujarat 36 7 Karnataka 22 8 Kerala 16 9 Madhya Pradesh 19 10 Madras 18 11 Orissa 27 12 Punjab& Haryana 33 13 Rajasthan 33 -- Overall Vacancy Rate of 21 High Courts 30 C Overall Vacancies Rate in District and Subordinate Courts ( as on 30-09-2010) 20 Vacancy in Indian Judiciary :- Source :- www.supremecourtofindia.nic.in
    • 7. (C) K L GUPTA(C) K L GUPTA Sr. No. Courts Case Disposal Rate in Year 2005 (%) Case Disposal Rate in Year 2010 (%) A Supreme Court of India 58* 59 B High Courts 1 Allahabad 17 7 2 Andhra Pradesh 24 17 3 Bombay 27 10 4 Calcutta 23 5 5 Gujarat 40 18 6 Delhi 37 18 7 Madras 35 15 8 Madhya Pradesh 39 12 9 Orissa 19 23 10 Punjab & Haryana 18 13 11 Rajashthan 23 6 12 Karnataka 23 16 -- Overall Rate for 21 High Courts 27 11 C District & Subordinate Courts 39 15 *Data is of year 2006, Year 2005 is NASource :- www.supremecourtofindia.nic.in
    • 8. (C) K L GUPTA(C) K L GUPTA Looking at the grave problem, UPA -2 Government announced the vision document assuring to appoint 5,000 ad-hoc judges to deal with the pendency of 2.77 crore cases in the trail courts. Three years have passed, except Announcement nothing has been done. This scheme is wholly unworkable as lawyers are not interested in joining judiciary and they will not surely take the ad-hoc position to dispense justice on daily wages. Amicus Curiae and Senior Advocate, Gopal Subramanium suggested that “Access to Justice must be made a constitutional right and consequently the executive must provide necessary infrastructure for ensuring every citizen enjoyed this right” *http://timesofindia.indiatimes.com//articleshow/11456652.cms? intenttarget=no accessed on 15/01/2012 SC chides itself, govt for Judicial Backlog* :-
    • 9. (C) K L GUPTA(C) K L GUPTA Right to Speedy Trial and Article 21 :- - Article 21 of Indian Constitution talks about “Right to Personal Life and Liberty” - This article also provides that “No person shall be deprived of his life or liberty except according to procedure established by law” - Indian Judiciary many times acted actively for welfare of the society interpreting this article in broader terms. - The Right to life and liberty has been interpreted widely to include the right to livelihood, health, education, environment and all those matters which contributed to life with dignity. - Woodrow Wilson (USA) said that the “Constitution is not mere a lawyers documents, It is the vehicle of the nation”
    • 10. (C) K L GUPTA(C) K L GUPTA Hussainara Khatoon v/s. Home Secretary, State of Bihar (AIR 1979 SC 1360) The Supreme Court held in this case the Speedy Trial is a Fundamental Right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution. Supreme Court, therefore, in order to exercise this power and make this fundamental right meaningful to the prisoners in the State of Bihar……… request the High Court to inform as to how many Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges are there in each district in State of Bihar and what is the number of cases year wise pending before each of them. Also asked for the details of need of additional courts and steps taken by state government to meet this needs.
    • 11. (C) K L GUPTA(C) K L GUPTA The Centre has agreed to conduct a study to find how the 14,000-odd trial court judges have been psychologically impacted by the continuous struggle to fight off 2.77 crore pending cases. Government announced that they are ready to sanction Rs 35 crore for a five-year study to investigate the impact of pendency pressure on judicial officers and examine whether it adversely impacted the output of trial court judges Amicus curiae and Senior Advocate Gopal Subramaniam, assisting a bench of Justices A K Ganguly and T S Thakur in overall improvement of justice delivery system, had felt that heavy work load for a long period of time could cause psychological pressure on the judicial officers. *http://timesofindia.indiatimes.com//articleshow/11443666.cms?intenttarget=no accessed on 15/01/2012 Rs. 35 crore study to find effect of backlog on judges minds :-
    • 12. (C) K L GUPTA(C) K L GUPTA Lower Court High Court Supreme Court
    • 13. (C) K L GUPTA(C) K L GUPTA Small Survey on Pendency of cases in India :- 3 Questions asked in the Survey 1. Whether there should be time bound disposal of cases ? Objective question. Yes or No 2. What are the reasons of delay in disposal of cases ? (Open ended question) 3. What are the solutions to handle the delay in disposal of cases ? (Open ended question)
    • 14. (C) K L GUPTA(C) K L GUPTA Survey on Time Bound Disposal of Cases 95 3 20 20 40 60 80 100 YES NO NO IDEA Responses Percentageof Respondent Responses - Whether there should be Time Bound disposal of cases or not ? (Total No of Respondent 100)
    • 15. (C) K L GUPTA(C) K L GUPTA Reasons for delay in disposal of cases Responses (%) Corruption in Judiciary 50 % Shortage of judges 34 % More Adjournments 27 % Shortage of courts 20 % Others reason like inefficient staff, lengthy procedure, delay in investigation, lack of proper monitoring of case proceedings, lack of training, Differential treatment of cases, No control on judges and advocates, lack of coordination between advocates and judges, shortage of talented judges etc. 25% Reasons for delay in disposal of cases :- 1%
    • 16. 1. Increase strength of Judges. 2. Increase no of courts and staff. 3. Take strict measure against corruption in Judiciary. 4. Time bound disposal of cases according to different types of cases. 5. Timely training for judicial staff. 6. Opening up of Evening courts. 7. Reduce various types of holiday in Judiciary. 8. Increase accountability of Judges and Advocates along with Investigation Authority. 9. Strict Law and its implementation. 10. Minimal Adjournments. Control Over adjournments. 11. Encourage Alternative Dispute Redressal method. 12. Proper monitoring of cases proceeding. (Only 1% suggested this) Recommendation to cope up with backlog cases (Respondent) :- (C) K L GUPTA(C) K L GUPTA
    • 17. Going through the all debate about the pendency of cases in Indian Judiciary, I felt one thing that there is no proper court management in the Indian Judicial System It requires effective court management authority to be set up under the Department of Justice, Ministry of Law & Justice I propose a model in which there should be a National Court Management Authority (NCMA) at the Central Level and at the state level Regional Case Monitoring Authority (RCMA) in each state of the country. RECOMMENDATION :-
    • 18. (C) K L GUPTA(C) K L GUPTA
    • 19. (C) K L GUPTA(C) K L GUPTA
    • 20. (C) K L GUPTA(C) K L GUPTA
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    • 46. (C) K L GUPTA(C) K L GUPTA
    • 47. (C) K L GUPTA(C) K L GUPTA Ministry of Law & Justice Department of Justice National Case Monitoring Authority (NCMA) National Case Monitoring Authority (NCMA) Supreme Court Regional Case Monitoring Authority (RCMA) High Courts District Courts Other Forum, Tribunals, Commissions etc. Subordinate Courts Set up of National Case Monitoring Authority (NCMA) Feb 2012
    • 48. Model 1 National Case Management Authority (NCMA) (c) K L Gupta October 2012
    • 49. Model 2 National Case Management Authority (NCMA) (c) K L Gupta October 2012
    • 50. MODEL 1 Set up of National Court Management Authority (NCMA) November 2012
    • 51. MODEL 2 Set up of National Court Management Authority (NCMA) November 2012
    • 52. (C) K L GUPTA(C) K L GUPTA Transition of NCMA “Delayed Justice – Denial of Fundamental Rights” “Transparency in Governance is the Ultimate Key to Reforms”
    • 53. Appointment of Court Manager under Guidelines issued by 13th Finance Commission for Improvement in Justice Delivery (No. F 32(30) FCD/2010, September 20, 2010
    • 54. Appointment of Court Manager under Guidelines issued by 13th Finance Commission for Improvement in Justice Delivery (No. F 32(30) FCD/2010, September 20, 2010
    • 55. Functions of NCMA :- 1. Monitoring the working of Judicial and Quasi-Judicial Bodies in India. It is more like of administrative, management part of the judicial system. 2. Study overall aspects of Indian Judicial System and do comprehensive analysis of it. At the end submit report to Department Justice/Law Commission of India with certain recommendations. 3. NCMA will play crucial role in monitoring of cases from its institution till its implementation. Consequently it will help to reduce backlog of cases lying in Indian Judiciary. 4. NCMA will mainly coordinate with Regional Case Management Authorities (RCMAs) and Court Managers of the Judicial and Quasi- Judicial Bodies. RCMA will mainly co-ordinate with Court Managers appointed in High Courts, Districts Courts and Regional Level Quasi-Judicial Bodies 5. Conduct training and development programme for Court Managers
    • 56. Suggested Functions of Court Manager:- 1. Policies & Standards 2. Planning 3. Information & Statistics 4. Court Management 5. Case Management 6. Responsiveness Management 7. Quality Management 8. Human Resource Management 9. Core System of Management 10. IT System Management Appointment of Court Manager under Guidelines issued by 13th Finance Commission for Improvement in Justice Delivery (No. F 32(30) FCD/2010, September 20, 2010
    • 57. Qualification of Court Manager:- Court Managers may have the following minimum qualifications: 1. A degree or advanced diploma in general management; 2. 5 years’ experience/training in system and process management; 3. 5 years’ experience/training in IT system management, HR management, financial system management; 4. Excellent people skill; 5. Excellent communication skill; 6. Excellent computer application skill. Appointment of Court Manager under Guidelines issued by 13th Finance Commission for Improvement in Justice Delivery (No. F 32(30) FCD/2010, September 20, 2010
    • 58. Composition of NCMA :- The Authority shall consist of a Chairperson and not less than 6 and not more than 10 members to be appointed by the Central Government. At the Regional Court Management Authority (RCMA) there will be a Chairperson and not less than two and not more than four members. Chairperson must have sound knowledge of Management and Law more than 15 years of experience. He will be a person of ability, integrity and standing. Special knowledge in other domain area will be an added advantage. Every members shall be a person of ability, integrity and standing and who has special knowledge of and such professional experience of not less than 15 years in management, it, human resource, public affairs or any other qualification which in the opinion of the Central Government may be useful to the Authority.
    • 59. Term of Office of Chairperson & Members:- The Chairperson and every other member shall hold office as such for a term of 5 years from the date on which he enters upon his office and shall be eligible for re-appointment. Provided that the Chairperson or other Members shall not held office as such after he has attained the age of 70 years.
    • 60. Name of High Court No of Post Advertised High Court of Madras 33 High Court of Allahabad 75 High Court of Mumbai 45 High Court of Rajasthan 38 High Court of Madhya Pradesh 54 High Court of Ranchi 24 High Court of Punjab & Haryana 34 High Court of Gujarat 27 Advertisement for the post of Court Manager :-
    • 61. (C) K L GUPTA(C) K L GUPTA ‘National Case Monitoring Authority will cause harm to independence of the judiciary’ - This was the comment which I received on my model proposed in paper Delayed Justice – Denial of Fundamental Rights’ but that is not the objective of that. Initially I was much concerned about the case monitoring but now I have felt that judiciary needs a sound court management which will help it in better justice delivery. National Court Management Authority will be a facilitator for Indian Judicial System rather than being a strict authority controlling judiciary. NCMA - No threat to Independence of Judiciary :-
    • 62. (C) K L GUPTA(C) K L GUPTA The biggest challenge will be the Judges’ strong reaction. I am sure that they will surely retaliate on implementation of the said model proposed by me. But my prime contention is that when one person is honest then he/she does not have to bother about the cases which he/she is dealing with. We can make as many as suggestions for improving our case disposal system, but our aim of speedy disposal of case will not be achieved unless the stakeholder of justice judge, advocate or litigant act Ethically. Challenges :-
    • 63. Kalpeshkumar L Gupta advocatekgupta@gmail.com (c) K L Gupta

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