Faster justice is not just important for a fulfilling life, it is also very important in our fight against corruption and crime, including crime against women. Read More for How the justice system can be speeded up.

1. HOW can the
Justice System
work faster?
!
!
The
Analysis

2. Faster Justice System
Where we are
A Sample Study!
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•
The
Analysis
In one Anti Corruption branch of the CBI!
Cases for the 5 year period from 1980 to 1984 were tracked!
Registration, investigation, prosecution and outcome of
trials, appeals and revisions were recorded over time!
Source: Indian Police Journal, Conviction Rate: A reality check.

3. Faster Justice System
The CBI - Anti Corruption Branch, Sample Study
Where we are
People Charge-sheeted: 275
The
Analysis
Source: Indian Police Journal, Conviction Rate: A reality check.

4. Faster Justice System
The CBI - Anti Corruption Branch, Sample Study
Where we are
Number Convicted: 144
Number of Accused: 275
The
Analysis
Source: Indian Police Journal, Conviction Rate: A reality check.

5. Faster Justice System
The CBI - Anti Corruption Branch, Sample Study
Where we are
Underwent Imprisonment after conviction: 8 (As on date of study in 2008)
Number Convicted: 144
Number of Accused: 275
Others? Appealed 111 | Released on probation, Convicted till rising of court, Appeal pending: 66
The
Analysis
Source: Indian Police Journal, Conviction Rate: A reality check.

6. Faster Justice System
The CBI - Anti Corruption Branch, Sample Study
Where we are
Average Investigation Time: 13.4 months
Yr 1
The
Analysis
Source: Indian Police Journal, Conviction Rate: A reality check.

7. Faster Justice System
The CBI - Anti Corruption Branch, Sample Study
Where we are
Average Time taken for Trial: 7 years, 4 months
Yr 1
The
Yr 8
Analysis
Source: Indian Police Journal, Conviction Rate: A reality check.

8. Faster Justice System
The CBI - Anti Corruption Branch, Sample Study
Where we are
Average Time taken for Appeal: 9 years, 11 months
Appeals still pending: !
66 (out of 111 appeals filed)!
!
If accused was 35 years
at the time of the case,
he is already retired
from service now!
Yr 1
The
Yr 8
Analysis
Yr 20
Source: Indian Police Journal, Conviction Rate: A reality check.

9. Faster Justice System
Where can we be?
Hence the
Question:!
!
How can the time taken in court cases
be reduced from 15 years to 3 years?
The
Analysis
Source: Vision Statement, October 24, 2009. Page 2

10. Faster Justice System
But why faster?
Quality of Life depends on Faster Justice system
Life destroyed if spent in prison!
Extra judicial agencies sprout!
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!
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2 out of 3 incarcerated people in Indian jails
are under trials. Even if truth prevails, a life is
destroyed if months and years are spent in jail.
When justice is not done in time, citizens
take recourse to means like local dons and
vigilante-ism.
The
Analysis
Source: Prison Statistics in India 2012 – National Crime Record Bureau, Ministry of Home Affairs.

11. Faster Justice System
But why faster?
Swift Judiciary important because …
Laws rendered ineffectual!
as deterrents, when convicted people are not
seen to face consequences in time
The
Analysis
Business impeded!
because contracts are not enforced and lot of
resources spent in solving disputes

12. Faster Justice System
1) Impact of Adjournments!
The Challenges
Traditional role was for judge to respond to processes initiated by lawyers.!
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But over time this has meant that delays by using adjournments have
become an oft, if not the most, used weapon of some lawyers.
The
Analysis
Source: Vision Statement, October 24, 2009. Page 15

13. Faster Justice System
HOW to limit Adjournments
3
Solution Suggestions
A commitment from judiciary on
case end dates, and of disposing
cases on first in, first out basis.
2
1
Setting time table for pre-determined events
and making sure that case follows time table.
The
Analysis

14. Faster Justice System
HOW to limit Adjournments
Solution Suggestions
Limiting the number of adjournments
per party.
Penal interest and punitive damages
for frivolous delays.
Automation of standard processes.
Identifying judges that give regular
adjournments and counseling them.
The
Analysis
Source: Vision Statement, October 24, 2009. Page 19

15. Faster Justice System
2) Free-ing up the Judicial mind !
from routine and mundane tasks!
The Challenges
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Apart from applying their mind on judicial matters, Judges carry out
many mundane tasks like deciding hearing dates, checking serving of
notices, affidavit filing, validity of adjournment requests, etc.
The
Analysis

16. Faster Justice System
HOW to best utilise Judges’ time
Procedures such as notice serving / affidavit
verification, etc. done by Court Managers
Solution Suggestions
Technology use to process and
automate court processes
Identifying and disposing fruitless cases.
The
Analysis

17. Faster Justice System
3) Identifying and Improving the !
process for Bottleneck Laws!
The Challenges
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The 80:20 rule applies in judiciary - Laws pertaining to murder, matrimony, dowry,
cheque bouncing, prevention of corruption, traffic challans, motor accidents,
quashing of criminal proceedings, etc. account for majority of backlog.
The
Analysis

18. Faster Justice System
HOW to speed Bottleneck Law trials?
Solution Suggestions
Setting up specific law courts!
System to share updates!
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Judges and lawyers would be specially
trained for relevant, specific Law for
fast-track resolution of cases.
Create a mechanism to identify changes in law
and processes that would allow cases under
these laws to be processed faster.
The
Analysis

19. Faster Justice System
The Challenges
4) How can the Government be made!
Reluctant, and not Compulsive Litigator?
Government and its agencies are pre-dominant
litigants, but …!
levying costs /fines /career penalties on officials and
bureaucrats who initiate litigation - if government
loses, could dramatically change this.
The
Analysis
Note: The National Litigation policy recommendation this effect, should be rigorously implemented.

20. Faster Justice System
5) How can appointment and training !
of Judges be streamlined?!
The Challenges
Many judge posts are vacant and need to be filled. !
!
Court
Sanctioned
Actual
Vacancy
%
!
Supreme court
31
27
4
13%
High courts
895
614
281
31%
District and subordinate courts
18,050
14,432
3,618
20%
!
!
!
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Implement recommendation of Law Commission for creating
All India Judicial Services
The
Analysis
Source: Court News, Volume VII – Issues no. 4, October – December 2012, Supreme Court of India.

21. Faster Justice System
Finally, 1 more telling example!
The Karnataka Lok Ayukta Experience!
In Conclusion
2973!
cases filed between 1995 and 2011!
!
!
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In 2012, 95% cases were under trial!
!
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And Convictions?!
!
16!
Lok Pal at center, Lok Ayukta in states are a step !
to curb corruption but they lose their power if justice is not swift.
The
Analysis
And even these 16 have option to appeal

22. IN CONCLUSION!
Please Ask your Lok Sabha candidate
HOW can the time of
judges be utilised in a
better manner?
Ho
H
ow w
w
w
An
w.
In
As d aly
kH ia” sis
ple
ow o
as
In n F
di
ac e s
a.
eb
ea
or
g ook rch
!
HOW can the time taken !
for resolving court cases be
reduced from 15 to 3 years?
HOW can Government
become a less prolific
Litigator?
sk
“A
for
m
or
eA
sk
HOW can cases!
pertaining to bottleneck!
laws be resolved faster?