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Woodpecker12345

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Woodpecker12345

  1. 1. Citizen’sAppeal : Ensuring expeditious and timely justice to all
  2. 2. Need for speedy justice  There is no denying the fact that delay frustrates justice. Speedy justice is the right of every litigating person.  In the present set-up it often takes 10 – 20 or even more years before a matter is finally decided.  In the recent past, litigation has increased immensely. The population growth, improved financial conditions, lack of tolerance and materialistic way of life may be some of the causes.  But the delay in dispensation of justice has to be eliminated by taking effective steps otherwise the day is not far when the whole system will collapse.  Recently, one Hon’ble Judge of Delhi High Court calculated that 464 years will be required to clear the arrears with the present strength of the judges in that High Court. The position may not be that gloomy but is still alarming.
  3. 3. Facts at a glance  3.5 crore cases are pending across courts in the country.  India’s judge to population ratio (14 judges per 10 lakh people) is the lowest in the world;  whereas the average in developing countries is roughly 40 judges per 10 lakh people.  Number of vacancies in the judiciary as of January 2013 is at 3,000.  Average disposition time of a case is 15 years.  The Union government spends less than 1% of its plan expenditure on the judiciary.
  4. 4. In the Battlefield…  Attack  Although operationally independent but Financially Dependent on both Central and State Governments  Plan expenditure by Central Government 1% on judiciary  Even out of the budget allocated less than half actually reaches the target group  Counterattack  90% of litigation handled by the lower courts. Therefore the state government should increase the plan budgetary allocation for the judiciary  Central government should extend the aid to the state governments so that they have a strong financial backup and hence an efficient judiciary  Committees at Central and State level to supervise that the budget allocated reaches the target group
  5. 5. In the Battlefield…  Attack  Proposed bill to set up a Judicial Appointment Commission calls for excessive executive interference in appointment of judges of High Courts and Supreme Court.  Government say in the appointment can in no way curb the corruption rather such measures may aggravate the problem of corruption and hamper the judicial independence and impartiality as envisaged by our constitution  Counterattack  The present criteria of the appointment of the judges of High courts and the Supreme Court by the collegium should be retained because the knowledge and experience held by the members of the collegium can in no way be substituted by that of the executives.  They select the judges on merit basis, by gaining personal knowledge by interacting with the judiciary and bar in states and reading the judgements of the prospective judges.
  6. 6. In the Battlefield…  Attack  Few Lawyers graduating to become judges reason being their shift towards law firms and corporate houses  There are poor infrastructural facilities in the courts which discourages the law graduates and further decreases the efficiency of the system  Counterattack  The salary and the incentives should match up to the demand of the post to prevent the exflow of talented lot and also this will go a long way in curbing corruption  Quality of education imparted in law colleges need to be strictly monitored by BCI so that better standard of lawyers are available to serve justice  Budgetary allocation for judiciary should be increased to improve the infrastructure of the court rooms
  7. 7. In the Battlefield...  Attack  Number of cases disposed off being proportional to fresh filings  Highest number of pending cases are the criminal cases that amount to 65% of the total pending cases  Faster socio-economic growth resulting in more and more cases  Counterattack  New Benches should be created to benefit the litigants and lawyers  Suggestions of Law Commission report 221 should be accepted which calls for having one forum for filing revisions against orders passed by magistrate instead of two alternative forums and also for amendment of various provisions of Code of Criminal Procedure  Strength of judges should be increased by filling up the existing vacancies without compromising upon the quality of judges
  8. 8. In the Battlefield…  Attack  Delay caused by not just judiciary but by various other stakeholders like the police during investigation.  Laws of the 19th century continuing till date without substantial changes being introduced to meet the needs of the ever-changing society.  Counterattack  Suggestions as given by Law Commission Report 230th should be accepted which calls for full utilization of the court working hours and use of technology to dispose off cases filed on similar points.  Moreover police reform is the need of the hour because it is more susceptible to the evil of corruption resulting in unnecessary delay in investigation and the subsequent filing of chargesheet.  Suggestions forwarded by Law Commission Report 221 must be applied to bring the law in tune with the current society.
  9. 9. Fighting in the Battlefield  Attack  Justice costly for the poor  Doors of the Supreme court and High court are open only for a rich few.  Counterattack  Work of the High courts should be decentralized by establishing more benches in all states. Benches should be so established so that a litigant is not required to travel long.  Concept of public interest litigations go a long way in solving the problem of unawareness and ignorance of the indigent.
  10. 10. In the Battlefield…  Attack  Improportionate number of Fast- track courts with the needs and hence they are insufficient to tackle the long list of pending cases  Fast Track Courts only are named so but in reality all efforts are done to prolong the proceedings as witnessed in the recent rape cases also  Counterattack  Need to have more fast-track courts not only in the capital but also in various other states  Need to fast-track the procedure too by focusing upon the quality rather than the quantity of the evidences.  Day to day trial means trial should be conducted on day to day basis without any delay.

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