Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
6/6 Basement, Jangpura B, NEW DELHI-1100014 , ww...
government as well as the judiciary and can transparently deal with complaints against
judges. The post-retirement jobs of...
Upcoming SlideShare
Loading in …5

Backround note convention 2015


Published on

CJAR convention 2015

Published in: Law
  • Be the first to comment

  • Be the first to like this

Backround note convention 2015

  1. 1. CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORM 6/6 Basement, Jangpura B, NEW DELHI-1100014 , Patrons:Late JusticeV.R. Krishna Iyer,Justice P.B.Sawant, Justice H. Suresh, Shri Shanti Bhushan,Shri K.G. Kannabiran,Shri Ajit Bhattacharjea,Prof. B.B.Pande, Admiral R.H. Tahiliani, Dr. BhaskarRao, Ms. Arundhati Roy, Dr.Banwari Lal Sharma, Shri Pradip Prabhu, Prof BabuMathew, Dr Baba Adhav, Ms. Kamini Jaiswal, Shri Mihir Desai, Shri Manoj Mitta WorkingCommittee: Prashant Bhushan, VenkateshSundaram, InduPrakash Singh, Nikhil Dey, D. Leena,Devvrat, Rohit Kumar Singh, Cheryl D’Souza, PranavSachdeva CJAR Annual Convention 2015 21st and 22nd November Indian Social Institute, Delhi Background note A JUDICIARY FOR COMMON PEOPLE: ACCESS, ACCOUNTABILITY AND EFFECTIVENESS If one were to ask the question, how many people get justice through the judicial system in India, the honest answer would probably be less than 1%. The judicial system is so formal and technical that a common person cannot access it without the help of lawyers. Not more than 20% people in the country can afford lawyers. 78% (according to the Arjun Sengupta Committee report) who live on less than Rs 20 per day obviously cannot afford lawyers. Even those who can access the judiciary through lawyers are usually frustrated by the long, laborious and expensive process which takes decades to conclude, during which the litigant gets exhausted- physically and financially. Those lucky few who can get their cases heard relatively quickly are often faced by incompetent or corrupt judges who man the judiciary. Thus, those who finally manage to get justice from the system are probably less than 1% of the population. The problem is that the judicial system in India was set up by the British for their own ends (punish the ‘criminal’ natives of this country and for inter-se disputes between the British gentry residing here). It was not designed as an instrument of justice for the people of this country. Thus, for effective judicial reforms i.e. to have a judicial system which functions as an effective instrument of justice for the people, we need to re-think and re-design the judicial system. For this we need courts/ dispute resolution forums which can be accessed even by the poor and can quickly decide disputes without unnecessary formality. To ensure the integrity and impartiality of such courts, the appointment of judges and their functioning must be transparent and they must be accountable to the people through credible independent bodies. The Gram Nyalayas were supposed to be such informal forums established at block levels and functioning without lawyers. Unfortunately the final Act brought all the formalities of civil and criminal procedure codes etc which would require lawyers. Moreover even these have not been established in most parts of the country till date. The existing courts are too few to deal with the volume of cases and many of them lack adequate infrastructure. The system of appointment of judges is severely flawed and is leading to nepotism and corruption. Even the NJAC would not solve this problem but would also compromise the independence of the judiciary. Moreover, there is no accountability of higher judiciary (Supreme Court and High Courts) and the lower judiciary is made accountable to the High Courts who themselves have no accountability. The time has come to rethink the whole system of appointments by providing a transparent, methodical and objective system of selection through a full-time selection committee. Similarly, it has become imperative to have bodies which are accountable, independent of the
  2. 2. government as well as the judiciary and can transparently deal with complaints against judges. The post-retirement jobs of the judges which are often compromising their independence should also be in the hands of the independent body which appoints judges. All the instruments like videography of courts etc. ought to be made available to the general public. There needs to be a serious discussion as to how the judicial system can be fashioned to make it an instrument to serve justice to the common people. The time has come to think of judicial reforms from the bottom up and effectively redesign the judicial system of this country. This convention is an attempt in this direction. To discuss all the above issues and also to see how a movement for judicial reforms led by the people who are the real stakeholders in a proper judicial system could be created, the campaign for judicial accountability and reforms has organised a convention at the Indian Social Institute on the 21st and 22nd November (9:30 am to 5:30pm). The convention would host the first Justice Krishna Iyer Memorial Lecture. This lecture would be delivered by Justice G S Singhvi, former Judge of the Supreme Court, the author of many landmark judgments including the one cancelling 2G spectrum allocation. Justice Singhvi will deliver the lecture on the ‘Judicial response to the marginalized’. The convention would also include discussions on the issues of criminal justice, right to information, environment, corruption and civil liberties, and the response of the judiciary to these issues and cases. Several senior advocates, jurists, accountability activists and researchers would participate in the discussions.