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CAUSES
Cause
• Evidence
What it
means
•It is a proof which is
presented to the jury to
prove the accused is guilty.
Impact
•We do not have proper
infrastructure to provide strong
evidences. For e.g.: CCT camera
footages, finger print analyzer
database system, social security
number, etc.
•This will lead to the pending of
cases for a long period of time.
Cause
• Adversarial
system
What it
means
•The accused is presumed to be
innocent and the burden is on the
prosecution, to prove beyond
reasonable doubt that he is guilty.
•Whenever there is benefit of
doubt it is in the favor of the
accused
Impact
•It consumes a lot of time
•Since it consumes a lot of
time, evidence maybe
tampered.
Cause
• Politics
What does
it mean
• The work of politics which
include promoting its own
political views among
people, negotiation with
other political subjects,
making laws, and
exercising force,
including warfare against
adversaries.
Impact
• The is a lot of
“criminalization of politics
in india.ie., there is no
political will to transform
the judiciary system .
• The judiciary system is
“played” by the politicians
according to their own will.
Why would they want to
transform it?
Cause
• Finance and
Population
What does
it mean
• The finance of the country
spent for judiciary is very
low compared to other
countries. The reason being
ours is a developing
country.
• India is the second largely
populated country in the
world. It is bound to have
many cases registered.
Impact
• Since there is less funding
for the improvement of the
judiciary system, we are
more likely to fall into more
trouble.
• The increase in the
population just makes it
worse.
Shift system should be implemented in high courts
Disposal of appropriate cases
(including petty cases)
evening/morning courts should be set
up, even for petty offenses.
Either
1)retired judges shall be re-employed
or
2)serving judicial officers should be
given suitable incentive, to preside over
these cases.
Alternative dispute redressal
system(ADRS)
1)Strengthen them such as
mediation, negotiation, conciliation,
lok adalats to bring peaceful
settlements to the disputes.
To implement these:
1) Number of judges must be increased in high courts which is linked with
disposal of cases.
2)If vacancies of regular judges in high courts are not more than 25%,in such
courts ad hoc judges should be appointed.
3)Frequent adjournments should be avoided.
4)Time framing of filing of written statements should be decreased to
maximum of 90 days. This rule already exists but it is not implemented.
Funds:
Chief justice should appropriate and re-appropriate the funds within the budget
allocated.
Changing the disposition of Lawyers
Communication
1)Lawyers should give his client all the
information about the legal matter and
let know all the problems and how they
will be handled and when things happen
2)They should promptly return the
phone calls and answer questions of
clients.
Competence
1)It is a big shock to most people
that there is no guarantee of
competence when the client hires a
lawyer. So apart from only the initial
bar examination, they must be tested
often.
2)A strict rule should be passed that
a client can sue his lawyer for any
malpractice.
Ethics: lawyers should
1)Represent their client with undivided
loyalty.
2)Keep their clients competently.
3)Represent their clients within the
bounds of law.
4)Put their clients interests ahead of
their own.
Power and implementation of LAWYER
DISCIPLINE AGENCY must be enforced
more on all these rules and a lawyer
license to practice law must be
suspended for a while for any
malpractice.
Fees
1)When a client hires a lawyer, he
should make sure that his fee
agreement, any dealings between
client and lawyers is in writing.
2)This must be implemented in all
states.
PROPOSED SOLUTION:
USE OF TECHNOLOGY
PROPOSED SOLUTION:
USE OF TECHNOLOGY
PROPOSED SOLUTION:
USE OF TECHNOLOGY
Using various IT tools it is possible to carryout bunching of cases involving same
question of law .Now, all such cases can be assigned to the same court , which can
disprove them of by a common order . If point of law involved in the matter is identified
in each case , it is possible to allocate subsequently cases , it is possible to allocate
subsequently cases involving the same question of law to the same court , for being
heard along with the previous institution. Video conferencing places a major role in
criminal cases on getting adjourned on account of inability of police and sometimes
when witnesses reside in far away places and even in abroad. This is an upcoming
technology which must be become mandatory to decrease the time factor of a case.
IMPLEMENTATION AND IMPACT OF THE SOLUTION:
•As of now , communication between courts and advocates is by postal system . But
now , generation of notices and summons in computer and serve them through the use
of e-communication such as e-mail . Entering addresses of advocates into the computer
for the purpose of communication , resulting in a faster communication resulting in a
faster progress and reducing arrears.
•Inter and Intra court communication facilities developed through use of internet not
only save time but also increases the speed . Day to day management of courts at all
levels can be simplified and improved through use of technology including availability of
case law and administration requirement.
IMPLEMENTATION AND IMPACT OF THE SOLUTION:
•“Code of civil procedure” after its amendment permits adjournments of not
more than 3 times to a party during the hearing of the suit . Recording of
reasons is mandatory for granting adjournments . Costs incurred in giving
judgments are linked to the actual costs suffered by the opposite party.
•Grounds for adjournments are numerous . Sometimes the number of cases set
down for a trial on a day proves to be excessive , sometimes the court has the
time but the parties need delay.
•Supreme court was of the view that seeking unwarranted adjournments when
witnesses are present in the court without making any other arrangements for
their examination is a dereliction of advocate’s duty to the court and such
dereliction , if repeated would amount to misconduct of the advocate
concerned . It is for the Bar to come forward to sort out this problem and
refrain from seeking adjournments unless absolutely unavoidable.
•Above proposed solution will definitely answer many of the unanswered
questions.
PROPOSED SOLUTION:
CONTROLLING ADJOURNMENTS
FAST TRACK COURTS
 Fast track court must be
implemented to get a quick
judgement
 Fast track court must not mean
kangaroo courts in hurry to reach a
decision,never mind evidence.
 They should grant priority to the
cases involving trails in
dungeons.Correspondingly,
protracted civil cases shall get
primacy over the fresh cases.
 Every high court and state
governments shall submit the
quarterly reports on the status of
the FTCs for the reflection by the
apex court.
221 LAW COMMISSION
 It is a fundamental right of every
citizen to get speedy justice and
speedy trial which also is the
fundamental requirement of good
judicial administration.
 This law, when given effect to, will
be helpful in providing speedy
justice as it proposes that changes in
other laws can be made for speedy
justice.
 It considers the provisions like code
of civil procedure, code of criminal
and transfer of property act.
Strict actions should be
taken on the senseless
litigations.
Classification of cases
should be done and
unimportant cases should be
ruled out.
Red flag system
In case of financial crimes,
The current bank account of
convicted person should be
checked, there may be a
chance of heavy transactions
taking place through that
accounts
Prevention of crime
 As the statistics show that 32% of
cases are at disposal in the sub-
ordinate courts apart from high
courts in the span of 10 years which
shows that we need speedy justice.
 Prevention of crime is attempt to
reduce deter crime and criminals
 The main objective of crime
prevention council is to profess
against crime and to create such an
atmosphere in society so that there
is a change in criminal tendency of
individuals.
 By organizing meetings,seminars
and personal contact between police
and people the gap between them
can be bridged .
 By following the above step crimes
can be prevented to some extent.
Plea Bargaining
What it
is
• A plea bargaining is an agreement in a criminal case
between the prosecutor and defendant whereby the
defendant agrees to plead guilty to a particular charge
in return for some concession from the prosecutor
How it
works
• For example, a criminal defendant charged with a felony
theft charge the conviction of which would require
imprisonment in state prison may be offered the
opportunity to plead guilty to a misdemeanor theft
charge which may not carry jail time
Its
impact
• The use of plea bargains allows for the swift adjudication of cases
that would otherwise unnecessarily take up the time of the
courts, lawyers and citizens appointed to a jury. Plea bargaining is
necessary to process cases more efficiently.
Appeal System
A litigant who is not satisfied
with a decision made by a
federal administrative agency
usually may file a petition for
review of agency decision by a
court of appeals
Disputes over social security
benefits may be obtained first
in a district court rather than a
court of appeals
Lok adalat roughly means
people’s court, a non
adversarial system. All
proceedings of a lok adalat
are deemed to be judicial
proceedings It adopts
persuasive, common sense
and human approach to the
problems of the disputants
They should be held for
exercising jurisdiction as they
determine. They should be
presided over by retired
judges or other members of
legal profession. They should
deal with civil , matrimonial ,
land , partition/property
disputes.
Lok adalats will be an effective
and efficient alternative mode
of dispute settlement which will
be widely recognized as a
viable, economic, efficient and
expeditious form for resolution
of disputes.
Lok adalats
It means… Implementation Impact
We would like to thank the Manthan
organization for providing us a
platform to explore, think innovatively
and to come up with explications to
tackle this issue. Also, we would like to
thank V.V.Lakshmi Narayana IPS:
former JD, CBI, Hyderabad , for
providing us valuable information
regarding this presentation.

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VELOCITY

  • 1.
  • 2. CAUSES Cause • Evidence What it means •It is a proof which is presented to the jury to prove the accused is guilty. Impact •We do not have proper infrastructure to provide strong evidences. For e.g.: CCT camera footages, finger print analyzer database system, social security number, etc. •This will lead to the pending of cases for a long period of time. Cause • Adversarial system What it means •The accused is presumed to be innocent and the burden is on the prosecution, to prove beyond reasonable doubt that he is guilty. •Whenever there is benefit of doubt it is in the favor of the accused Impact •It consumes a lot of time •Since it consumes a lot of time, evidence maybe tampered.
  • 3. Cause • Politics What does it mean • The work of politics which include promoting its own political views among people, negotiation with other political subjects, making laws, and exercising force, including warfare against adversaries. Impact • The is a lot of “criminalization of politics in india.ie., there is no political will to transform the judiciary system . • The judiciary system is “played” by the politicians according to their own will. Why would they want to transform it? Cause • Finance and Population What does it mean • The finance of the country spent for judiciary is very low compared to other countries. The reason being ours is a developing country. • India is the second largely populated country in the world. It is bound to have many cases registered. Impact • Since there is less funding for the improvement of the judiciary system, we are more likely to fall into more trouble. • The increase in the population just makes it worse.
  • 4. Shift system should be implemented in high courts Disposal of appropriate cases (including petty cases) evening/morning courts should be set up, even for petty offenses. Either 1)retired judges shall be re-employed or 2)serving judicial officers should be given suitable incentive, to preside over these cases. Alternative dispute redressal system(ADRS) 1)Strengthen them such as mediation, negotiation, conciliation, lok adalats to bring peaceful settlements to the disputes. To implement these: 1) Number of judges must be increased in high courts which is linked with disposal of cases. 2)If vacancies of regular judges in high courts are not more than 25%,in such courts ad hoc judges should be appointed. 3)Frequent adjournments should be avoided. 4)Time framing of filing of written statements should be decreased to maximum of 90 days. This rule already exists but it is not implemented. Funds: Chief justice should appropriate and re-appropriate the funds within the budget allocated.
  • 5. Changing the disposition of Lawyers Communication 1)Lawyers should give his client all the information about the legal matter and let know all the problems and how they will be handled and when things happen 2)They should promptly return the phone calls and answer questions of clients. Competence 1)It is a big shock to most people that there is no guarantee of competence when the client hires a lawyer. So apart from only the initial bar examination, they must be tested often. 2)A strict rule should be passed that a client can sue his lawyer for any malpractice. Ethics: lawyers should 1)Represent their client with undivided loyalty. 2)Keep their clients competently. 3)Represent their clients within the bounds of law. 4)Put their clients interests ahead of their own. Power and implementation of LAWYER DISCIPLINE AGENCY must be enforced more on all these rules and a lawyer license to practice law must be suspended for a while for any malpractice. Fees 1)When a client hires a lawyer, he should make sure that his fee agreement, any dealings between client and lawyers is in writing. 2)This must be implemented in all states.
  • 6. PROPOSED SOLUTION: USE OF TECHNOLOGY PROPOSED SOLUTION: USE OF TECHNOLOGY PROPOSED SOLUTION: USE OF TECHNOLOGY Using various IT tools it is possible to carryout bunching of cases involving same question of law .Now, all such cases can be assigned to the same court , which can disprove them of by a common order . If point of law involved in the matter is identified in each case , it is possible to allocate subsequently cases , it is possible to allocate subsequently cases involving the same question of law to the same court , for being heard along with the previous institution. Video conferencing places a major role in criminal cases on getting adjourned on account of inability of police and sometimes when witnesses reside in far away places and even in abroad. This is an upcoming technology which must be become mandatory to decrease the time factor of a case. IMPLEMENTATION AND IMPACT OF THE SOLUTION: •As of now , communication between courts and advocates is by postal system . But now , generation of notices and summons in computer and serve them through the use of e-communication such as e-mail . Entering addresses of advocates into the computer for the purpose of communication , resulting in a faster communication resulting in a faster progress and reducing arrears. •Inter and Intra court communication facilities developed through use of internet not only save time but also increases the speed . Day to day management of courts at all levels can be simplified and improved through use of technology including availability of case law and administration requirement.
  • 7. IMPLEMENTATION AND IMPACT OF THE SOLUTION: •“Code of civil procedure” after its amendment permits adjournments of not more than 3 times to a party during the hearing of the suit . Recording of reasons is mandatory for granting adjournments . Costs incurred in giving judgments are linked to the actual costs suffered by the opposite party. •Grounds for adjournments are numerous . Sometimes the number of cases set down for a trial on a day proves to be excessive , sometimes the court has the time but the parties need delay. •Supreme court was of the view that seeking unwarranted adjournments when witnesses are present in the court without making any other arrangements for their examination is a dereliction of advocate’s duty to the court and such dereliction , if repeated would amount to misconduct of the advocate concerned . It is for the Bar to come forward to sort out this problem and refrain from seeking adjournments unless absolutely unavoidable. •Above proposed solution will definitely answer many of the unanswered questions. PROPOSED SOLUTION: CONTROLLING ADJOURNMENTS
  • 8. FAST TRACK COURTS  Fast track court must be implemented to get a quick judgement  Fast track court must not mean kangaroo courts in hurry to reach a decision,never mind evidence.  They should grant priority to the cases involving trails in dungeons.Correspondingly, protracted civil cases shall get primacy over the fresh cases.  Every high court and state governments shall submit the quarterly reports on the status of the FTCs for the reflection by the apex court. 221 LAW COMMISSION  It is a fundamental right of every citizen to get speedy justice and speedy trial which also is the fundamental requirement of good judicial administration.  This law, when given effect to, will be helpful in providing speedy justice as it proposes that changes in other laws can be made for speedy justice.  It considers the provisions like code of civil procedure, code of criminal and transfer of property act.
  • 9. Strict actions should be taken on the senseless litigations. Classification of cases should be done and unimportant cases should be ruled out. Red flag system In case of financial crimes, The current bank account of convicted person should be checked, there may be a chance of heavy transactions taking place through that accounts Prevention of crime  As the statistics show that 32% of cases are at disposal in the sub- ordinate courts apart from high courts in the span of 10 years which shows that we need speedy justice.  Prevention of crime is attempt to reduce deter crime and criminals  The main objective of crime prevention council is to profess against crime and to create such an atmosphere in society so that there is a change in criminal tendency of individuals.  By organizing meetings,seminars and personal contact between police and people the gap between them can be bridged .  By following the above step crimes can be prevented to some extent.
  • 10. Plea Bargaining What it is • A plea bargaining is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor How it works • For example, a criminal defendant charged with a felony theft charge the conviction of which would require imprisonment in state prison may be offered the opportunity to plead guilty to a misdemeanor theft charge which may not carry jail time Its impact • The use of plea bargains allows for the swift adjudication of cases that would otherwise unnecessarily take up the time of the courts, lawyers and citizens appointed to a jury. Plea bargaining is necessary to process cases more efficiently.
  • 11. Appeal System A litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of agency decision by a court of appeals Disputes over social security benefits may be obtained first in a district court rather than a court of appeals Lok adalat roughly means people’s court, a non adversarial system. All proceedings of a lok adalat are deemed to be judicial proceedings It adopts persuasive, common sense and human approach to the problems of the disputants They should be held for exercising jurisdiction as they determine. They should be presided over by retired judges or other members of legal profession. They should deal with civil , matrimonial , land , partition/property disputes. Lok adalats will be an effective and efficient alternative mode of dispute settlement which will be widely recognized as a viable, economic, efficient and expeditious form for resolution of disputes. Lok adalats It means… Implementation Impact
  • 12. We would like to thank the Manthan organization for providing us a platform to explore, think innovatively and to come up with explications to tackle this issue. Also, we would like to thank V.V.Lakshmi Narayana IPS: former JD, CBI, Hyderabad , for providing us valuable information regarding this presentation.