1. CHANGE DOES NOT HAPPEN FROM THE TOP
DOWN BUT FROM THE BOTTOM UP!
Snehil Dixit
Vishnu Menon
Laksh Chhajer
Gautam Kampani
•Palak Gupta
[Amity University]
2. 0
100000
200000
300000
400000
500000
600000
700000
800000
Pending
Disposed
Judgements in high profile cases like the fodder scam have
still not been received inspite of having a special court to deal
with this issue.
The Bofors case is a classic example of an open and shut case.
India has the lowest citizen to police ratios in the world. The
average is a policeman for every 1000 citizens.
Cops don’t have the time to investigate any case as they are
called for securing routes for VIP convoys, attend traffic holdups
etc.
Celebrities like Salman Khan have not appeared in court
despite being summoned 82 times. Does the Judiciary not even
view this as an insult??
Our research is a step towards detailed mapping of the
administrative justice landscape beginning with quality
aspect of decision making bodies different forms of
adjudication redress mechanisms. Synchronization
between agencies, courts, ombudsmen and tribunals
exploring scope of facilitating proportionate dispute
resolution whereby we match a dispute to forum best
suited for their resolution making. Thus making the
judicial scenario in the country in accordance to the
needs of the users.
3. Administrative
Justice and
Tribunals Courts
Legal Help
Organisatio
ns
Ombudsmen Tribunals Inquiries
Internal
Review
The FUNDING for the solution we are proposing will be
taken from the Union Budget allocated for the Judicial
system by the Finance Minister.
4. The framework of a LHO is based on the setup of Delhi
Mediation Centre and Malirnath committee report which
was implemented in the district courts of Delhi.
THE SETUP
1) At the initial stage we would be establishing Legal
Help Centres in all major cities in India.
2) Each LHO centre will be employing/ tie up with self
employed arbitrators, mediators.
3) The arbitrators and mediators should be credited by
Indian Institute of Arbitration and Mediation [IIAM]
4) The A and M’s will be classified as Grade A,B and C
based on which the division of conflicts can be done
as per the complexity of the conflict.
The human resource would be
Retired IAS,IPS, Retired judges,
Eminent social workers who would
be trained by Indian Institute of
Arbitration and Mediation.
ADVANTAGES
1.Faster than litigation
2.Cheaper than litigation
3.Flexible
Ministry of
Law and
Justice
Department
of Legal
Affairs
Head Office
in Capital of
The Country
LHO in every
city
The Legal Help Organisation is a platform which would enable the user arbitration, mediation, negotiation, early
neutral evaluation, conciliation and adjudication as preventive procedures which substantially reduce, if not wholly
eliminate potential litigation.
5. A network of people ,individual community leaders,
government officials
Include a balance group of representatives from all
the communities representing the range of constituency
and demographic that will be using the grievance
mechanism while keeping the team small and
responsive
Use the services of a professional design consultant or
facilitators with experience in developing community
grievance mechanism to get them started
Before designing the grievance
If a desired team cannot reach on
the consensus of the statement of
purpose or the solution is very
superficial, its work may be in
jeopardy. Consensus sometimes
can be difficult to reach because
stake holder come to table with
different life experiences ,values
and presumptions. These
differences may create tension
during decisions
Preparing a
preliminary
design
Receive a
registered
complaint
Screen passes
the complaint
Formulate a
response
Select a
resolution
approach
Implement the
approach
Settle the issue
Learn from
experience &
communicate to
parties involved
Track and
evaluate the
results
STATUTORY NON-STATUTORY
Complaints of Maladministration.
Rights related disputes.
Particular sectors to resolve dispute between
firma & customers.
Standards of service related disputes will be
handled.
6. Established in
every city
One tier
system
No transfer of
cases from one
tribunal to
another
Solving
citizen to
citizen issues
Main focus on
petty cases.
oSchool admissions
oAdjudicators concerned
with parking
oTraffic violations
As part of accountability, there
must be an optical appreciation on
the conduct of cases. Complacency
must be eliminated and replaced by
commitment
7. Ministry of Law and Justice, heads of various department, law officers and government councils,
individual officials all connected with the concerned litigation. The success of one tier tribunal
machinery will depend upon its strict implementation. Our tribunals chains would be the successive
body to the present judicial system . Head of tribunal means the administrative person ultimately
responsible for the working of the department long run . Ministry would be solely responsible to
appoint the head of tribunal who would have legal background and expertise .they must be in a
position to pro -actively manage litigation and there would be continuity in the incumbent holding
office e conduct of the cases.
Accepting that frequent adjournments are resorted to by government lawyers, unnecessary and
frequent adjournments will be frowned upon and infractions dealt with strict activities. If paper books
and evidences are complete then adjournments will not be sought to be in routine. HOT will
coordinate conduct of litigation and monitor the process to identify cases in which the repeated
adjournments are taken. Serious note taken on cases of negligence or default. If advocates at fault,
action against them may entail suspension, removal of their names from government panels.
We proposed to set up empowered committee to monitor the implementation of the tribunal channels
in all the cities of the country .Hot will ensure that all the relevant data is sent to all the empowerment
comities .these will work on the national level chaired by solicitor general of India and members
nominated by the ministry of law and justice .all these tribunals will submit monthly report to
empowerment committees which shall in turn submit comprehensive reports to ministry of law.
8. Idea of
specialisation
of judges.
Reducing the
number of
holidays
granted to
every court.
Revamping
the time
shifts in
every court.
Increasing
the number
of courts and
judges.
The revamping of the judicial timings and holiday of the country will not only create pressure on the courts
but will also ensure that justice will be on the faster road .With the proposed solution -the no. of opportunity
in the legal department of the country will also increase .
according to statistics issued by the supreme court of India there are 14937 number judges in India . the
increase in number of judges will exponentially decrease the cases per judge and thus will ensure a faster and
a better form of justice
specialisation of judges will not only improve the legal system but will also give the victims a chance to get
justice from the most experienced person related to that crime which will increase the satisfaction among the
people for the judiciary system and will boost the respect of the system
9. The procedure for making
decisions, the law under which
decisions are made can be
enquired and the systems for
resolving disputes and hearing
grievances in better can be
discussed.
The dishonorable and the most discreditable paradox
and reasons of overburden and untimely justice is
that the magistrate and his staff are doing work and
duties of assistant public prosecutor and office of
home ministry. Works and duties of assistant public
prosecutors and office of home ministry have been
mixing with judicial works and duties of magistrate
and his staff in the court.
SOLUTION- Strengthen the prosecution first then the
judiciary and get balanced judiciary for pendency of
cases.
10. Vision statement ,creating distinction over cases : citizen Vs citizen ,citizen
Vs state ,citizen Vs firm , defining petty cases and deciding their scale ,
demonstrating potential breath of admen justice as subject area, fostering
links among actual and potential stake holders , breaking down barriers in
thinking between original decision makers redress providers , adjudicators
and policymakers , emphasizing the centrality of users and their needs
,encouraging cross border research over Indian jurisdictional boundaries
and beyond .
VISION STATEMENT - Concept of contract judges envisaged to decide backlog
cases .About 15000 trial judges and 700 high court judges would work in 3 shifts
and deciding the legality of contracts .Contract judges would be able to function
within the persecuted procedural limits and deliver judgments in better and
faster manner. Let’s go against the jurisprudential existence of judges in society.
11. •Due to pendency of cases, many prisoners serve the sentence for such number of years
even before they are proven guilty, as their hearing date keeps on being prolonged.
Thus, being denial of justice due to delayed justice in the true sense.
•Justice should be for the people, to the people and by the people. The very essence of a
legal system should be in place in order to deliver to every citizen its fundamental right
of being redressed by law (article 32 - supreme court - issue writs & article 226 - HC -
power to issue writs)
•PRS Legislative cases pending in Indian courts reviewed:‘Mission Mode Programme
for Reduction of
Pendency of Arrears in Courts’ was studied.
•NCLT- the NCLT which was passed by the government few days ago is ample proof
that the tribunal system as explained by us can be implemented.
•L.H.O. – The Malirnath committee report gives big enough evidence for such setup to
be installed in Indian judicial system.
•The judicial scenario of India, UK, Australia were well studied in order to achieve our
vision 2020 to be a well developed nation with proper exercise of power and making the
system user friendly.
•Some websites like- http://ajtc.justice.gov.uk/docs/landscape_paper.pdf
https://www.google.co.in/#q=scope+of+problem:+ensuring+timelyjustice
•International Ombudsmen Association and Indian Penal Code were well
researched on.