3. Reason for
selecting a cause
Influence of powerful
people over judgment
(Jessica Lal case)
Suited laws in all cases
(juvenile cases are not
given justified sentence )
Denial in justice in cases
of prime concern
(coalgate and telecom
scams )
By the time decision are
given they become
insignificant
Problems incurred while imparting justice
27.70%
27.80%
40.70%
Conviction Rate in 2010
Violent crimes
Crimes against
women
Cognizable Cases
• Lack of proofs
• Request or deliberate attempt of delay by
either party
Repeated
adjournment of court
• Judge- people ratio of 14:1000000
• Lack of infrastructure & use of technology
• Criteria for selection is not apt
Lack of judges and
courts
• Influence or involvement of politicians
• Cases/Judges/Courts keep changing during the
course of judgment
• Inefficient & untrained officials
Delay in investigation
& prosecution
• Heavy reliance on oral evidence which alter
with time
• Low rate of conviction has encouraged crime
Time Factor
• Acquittal of high profile criminals
• Inefficient and corrupt operators of law
• Secrecy and plagiarism
Corruption
5. Alternative
Dispute
Resolution
Categorizing
the cases
according to
priority
Transparency
in system of
judicial panel
selection
Reviewing the
law
Appointing a
body of
special police
force
Increase in
working
hours of court
Counseling of
applicants,
before and
during cases
to reduce
pressure on
courts
Scheduling of
cases on their
level of
significance &
immediate
redressal needs
Appointment of
judges in both
supreme court
and high court
must be
transparent
Clear and
coherent policy
statement on all
major issues of
criminal justice
Certain police
staff assigned
for performing
court duties
only, for
vigilance inside
the system
The vast
number of
pending cases
summons the
need of holiday
courts
Solutions on a broader prospective
Reduce number of cases
being trialed in court
Exercise control over
powers of judiciary
Settlement of cases in
time bound manner
Proposed ideas for improvement
9. E ADR will act as an intermediate dispute resolution body that
departs from the traditional litigation forum and norm to be in
easy reach of a commoner and guarantees to give right guidance
on way to justice
GOALS TO LOOK FORWARD :
1.Settlement of disputes outside court
through mediation , conciliation , arbitration
and lok adalats
2. Provide Guidance to appealing parties
about their case and its pre-requisites
3. Dependence of appellant solely on the
lawyer’s knowledge and abilities
4.Capability of handling emotional aspects of
a dispute e.g. ensuring neutrality of choice of
law in the process
Certainty of process/procedure
Provisions for legal aid
Overcoming inequality of bargaining power of
parties
11. Categorize cases on basis of
urgency , national interest , mass
involvement, immediate effects
Bid police and dept. of forensics
to generate reports at the
earliest(if applicable estimate
deadlines & accused be
detained)
Ready cases be presented for
trial without delay(promote
priority) Pending cases be
granted priority when ready
Time limit be given to
complete the case , say three
months, grant extension to
either party only if it seems
just
All summons & legal documentary
be administered to concerned
party properly(checked by SPC) &
proceedings be held on schedule
No party shall seek
adjournment of
court more than
three times
Cases
involving
religious
matters be
handled with
assistance of
theologians
Similar cases
can be
scheduled for
trial together
in district
courts &
holiday courts
Merits
Priority
1. Matters of significance will be given prime consideration
2. Time bounded provision of justice
3. Monetary benefits
Aiming at faster disposal of cases through scheduling:
13. SPECIAL POLICE FORCE
• To carry out timely proceeding of the
court by producing relevant proofs and
witnesses
• Recording evidence only before the
judicial magistrate is needed to save the
time lost in recording evidence at
different stages
• Protecting the analysis and reports
susceptible to tampering (the reports of
the forensics often get tampered)
• Keeping track of dispatched & expected
summons & other legal documents
• Ensuring witness protection
REVIEWING COMMISSION
• An annual national meeting of judges
and lawyers to discuss the judiciary
• Revive govt. bodies like Committee on
‘Reforms of the Criminal Justice System’
introduced on 24 November 2000 to re-
write the Code of Criminal
Procedure, IPC & IEA, & update them
with the need of the hour
• Clear and coherent policy statement on
all major issues of criminal justice
[Ill verdict in the Nirbhaya case,2013]
Ensure orderly working of system by creating several
committees ,
-To act as an aid to working judiciary
-Impose check on it.
14. There exists a need to ensure fast track procedures in fast track courts…
• Encouraging ‘to the point’ arguments during trials
• Issue ‘warnings’ to lawyers for breach of protocol or
wasting court time
• Impose strict rules for conduct inside courtroom violating
which may impose penalties to the offender
Conduct
of
lawyers
• Fixing up proper time-schedules and ensuring continuity in
trial if case is ‘ready’
• Dealing with the advocates with firmness and tact
Conduct
of
Judges
Ensure timely &
quality judgment
6 Fast Track
Courts
established
Probing Further . . .
1. Communication & resource sharing among courts through digital networks must be made
legal
2. Educating citizens about undertakings of judicial system through media and mass
communication
Quick and
economical
disposal of cases
Women and
juvenile cases
be disposed
swiftly
More than
70% cases
solved in 5
years
Present system:
Fast track courts for grave offences to be disposed expeditiously
15. Funds by
government
(in Crores)
Expenditure on
Man power
(in Crores)
Expenditure on
Infrastructure
(in Crores)
Expenditure
on training
(in Crores)
Expenditure
On court
management
(in Crores)
ADR 700 150 200 150 200
Prioritizing
of cases
500 250 150 70 30
Transparency 370 120 70 150 30
Vigilant body 1500 450 500 250 150
Digitizing
judiciary
1750 500 800 250 50
Price for Revolution
Financial and human resources required at each step
If our solutions be implemented it will result in increased employability
& increased rate of case disposal.
17. Impact of the proposed solution
1. To bring back faith in the Indian judiciary & ensuring its motto “Satya Meva Jayate”
2. Proper guidance will reduce probability of fraud and injustice in the system
3. The success of the proposed plan after implementation shall be measured by the improvement in
speed and efficiency of the system, depending on the pace of proceedings and quality of justice as well
as that of the judiciary
4. Widened infrastructure will not only ensure timely justice but also decrease the financial burden from
the common man’s shoulder
5. Applicable at all levels of the judiciary, lower courts to supreme court – Scalable
6. Impartial proceedings of the court by the external vigilante body set up, and shall cleanse the
malicious activities in the system - a clear judiciary
7. Supremacy of the Judiciary will be under vigilance, restricting its practice of unauthorized powers
Per district involvement Students as
interns
Retired &
unemployed
lawyers/judges
Working
advocates &
judges
Police
force
ADR 20 25 15 -
Scrutinizing Panel - - 40 -
Vigilance Commission - - - 35
Reviewers - 5 10 -
18. Challenge and Mitigation
POLITICAL SUPPORT
The political parties have to support the reforms so as to bring fluidity in the system. The corruption spread in the political
parties together with their own cases in courts prove to be a hurdle as far as their support and help is concerned.
Impartial elections and good governance is the only means to solve this problem where government has to be more
concerned for people .
SPREADING AWARENESS
The socio-theological beliefs and view points of society and prevalent illiteracy will refrain reforms and equality amongst
all citizens.
On the other hand financial influence of rich people may also come into play as far as transparency is concerned.
Education and proper knowledge about fundamental rights is essential.
SAVING THE DIME
Economically, the major issue of concern is the availability of resources ,financial as well as human, at all levels of judicial
system whether infrastructural commodity management or employment salary system for judges , lawyers and other
officials are crucial deciding factors.
19. Thank You
Between stimulus & response there is a space,
In that space is our power to choose our response
In our response lies our growth & our freedom.
20. APPENDIX
Alternate Dispute Resolution
ADR includes dispute resolution processes and techniques that act as a means for
disagreeing parties to come to an agreement short of litigation. It is a collective term
for the ways that parties can settle disputes, with (or without) the help of a third party.
ADR methods, namely, negotiation, mediation, conciliation, expert determination and
arbitration, their relative efficacy differs in various situations and scenarios. Hence it is
advisable to examine when a particular method is best utilized.
Scheduling of Cases
Scheduling is a computing term which may be applied to our judicial system.
Categorizing cases according to its priority to balance the load in the system
effectively or to achieve a target quality of service. The need for a scheduling algorithm
arises from the requirement for most modern systems to enhance the efficiency . It is
expected to reduce the time delay as deadlines of a case must be met. Otherwise
penalties be charged.
Indian Penal Code
Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive
code, intended to cover all substantive aspects of criminal law. It was drafted in 1860
and came into force in British India during the early British Raj period in 1862.
21. APPENDIX
Jessica Lal Case
Jessica Lal was a model who worked as celebrity barmaid at a crowded socialite party. She was shot
dead on 30 April 1999,which was witnessed by dozens of people pointing to Manu Sharma, the son
of Venod Sharma, a wealthy and influential Congress-nominated Member of Parliament from
Haryana, as the murderer. Only after the case gained intense media and public pressure , the Delhi
High Court conducted proceedings on a fast track with daily hearings conducted over 25 days and
found Manu Sharma guilty of having murdered Lal. Even during his term he enjoyed privileges
because of his family background.
Nirbhaya Case
The judge in the trial of four men accused of the fatal gang rape of a student on a New Delhi bus on
16 December 2012 announced his verdict on September 10. The first verdict came on 31 august
2013 in a juvenile court where a teenager, aged 17 at the time of the assault, was found guilty and
sentenced to only three years in a detention centre. Consequently there has been constant appeal
to bring reforms in juvenile law .
Indian Evidence Act(IEC)
Until the introduction of the Indian Evidence Act, rules of evidences were based on the traditional
legal systems of different social groups and communities of India and were different for different
people depending on caste, religious faith and social position. The Indian Evidence Act introduced a
standard set of law applicable to all Indians
22. References
• Ehow http://www.ehow.com/list_6593960_disadvantages-indian-judicial-
system.html
• International Journal of Internet Computing (IJIC), ISSN No: 2231 –
6965, Volume-1, Issue-2, 2011
• Investigation and Trial of Criminal Cases Against Influential Public
Personalities Report No.239
• ReportPMO_English.pdf -http://pmindia.gov.in/report_to_people/2012-
2013/report_PMO_English.pdf
• India Today http://indiatoday.intoday.in/story/judiciary-must-chew-on-its-
ills-this-recess/1/137526.html
• Criminal Justice System, Government of India, Ministry of Home
Affairs, Report VOLUME I
• ICT in Indian Court Challenges & Solution- paper4.pdf
• en.wikipedia.org/wiki/Judiciary of India
• indiancourts.nic.in
• Department of Justice : doj.gov.in
• Guidance from advocate Mr. N.L.Joshi, Indore
• www.dnaindia.com
• www.thehindu.com
