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  1. 1. Topic- Ensuring timely and expeditious justice to all. Proposed Solution-Formation of a separate and independent Council. Team Details Anant Saxena (Team Coordinator) Aayush Khera Rohit Gupta Shruti Bhatt Sofi Tiwari
  2. 2. Overview- • Problem Statement • Proposed Solution- Formation of a separate and independent Council (Composition of Council) • Recruitment • Implementation Model • Management • Expenditure • Budget source and Merits • Challenges and Mitigation Factors • References
  3. 3. Problem - Number of pending cases in the country is increasing year by year CAUSES-  Lower judge population ratio • India has a low judge population ratio of 14 per 10 lakh people.  Poor infrastructure • 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 development.  Lack of etiquettes and immoral conduct • This results in more number of strikes amongst the lawyers and hence disruption in the court proceedings.  Hindrance in the working of bar council • Ineffective control over the lawyers which results in incessant strikes. 0 0.5 1 1.5 2 2.5 3 3.5 4 2000 2007 2008 2009 2013 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
  4. 4. Retired SC/HC Judges Retired Defense Personnel Law Professors Retired IPS Officers Bar Council Representatives CompositionofCouncil •Conduction of exam. •Formation of policies. •Responsible for conducting awareness campaigns . •Delivering of guest lectures. Think Tank Feedback committee Backbone •Report the problems of their respective regions to the Think Tank •Responsible for maintaining discipline and decorum •Maintain Law and Order •Evaluation of Flaws of the council •Act as communication channel between courts and council
  5. 5. Implementation Model  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.
  6. 6. Recruitment SC/HC Judges have to compulsorily serve in the council for 1 year and 2 years respectively. IPS Officers will also be recruited on the basis of their past records Law Professors to be recommended by the State Government based on their achievements Recruitment Process Fast Fact- Former Law Minister Ashwani Kumar admitted that the present process of appointment of judges has not proved to be adequate.
  7. 7. 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 respectively. Personnel Number •Retired Defense 75 Personnel. •Law Professors. 75 •Retired IPS Officers. 100 •Representatives from 150 Bar Council. 400* Management •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 Judiciary. •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.
  8. 8. TotalExpenditureEstimation OrganizationalExpenseOf Council Establishment cost Technological cost Set-up of Council Office Transportation Expenses 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 Campaigning costs Fast Fact- 30-35% pending cases could be easily resolved with the use of IT- Mr Kapil Sibal in Rajya Sabha.
  9. 9. 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 non-technical persons. • Enhancing the transparency in the Judicial System. • Decrease in the number of pending cases. • 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 :5000INR 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.
  10. 10. Key concepts and implementation risks- Challenges- • 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. Concept risks- • 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 judiciary. • 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. Mitigation Factors
  11. 11. 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 other problems.
  12. 12. References • IT- infrastructure-needed-to-reduce-pending-court-cases-kapil- sibal/articleshow/22160872.cms • courts-will-rise-if-vacancies-are-not-filled/article4519301.ece • 06/india/28143242_1_high-court-judges-literacy-rate-backlog • tal%20Stats%20%20Pendency%20of%20Cases%20in%20Indian%20Courts %2004Jul11%20v5%20-%20Revised.pdf • 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