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Manthan Topic: Citizens Appeal.
GIVING TRUE MEANING TO ART.21:ENSURING
EXPEDITIOUS AND TIMELY JUSTICE TO ALL.
Team Details:
Vivekananda Institute of Professional Studies ,New Delhi.
Mayank Khera.
Siddharth Singh.
Udit Sharma.
Shree Kalra.
Ayushi Jain.

PRESENT POSITION OF JUSTICE DELIVERY
SYSTEM IN INDIA.
• HUGE BACKLOG OF CASES IN INDIAN COURTS.
MORE THAN 3 CRORE CASES ARE PENDING IN VARIOUS COURTS
ACROSS THE COUNTRY.
• OUT OF THE TOTAL PENDING CASES, MORE THAN 25 MILLION
CASES ARE PENDING IN SUBORDINATE COURTS.
• MORE THAN 80% OF THE RAPE CASES ARE PENDING IN COURTS ,
WHILE IN TAMIL NADU ALONE TWO SUCH CASES WERE
REGISTERED EVERYDAY IN 2011.
• EVEN THE ESTABLISHMENT OF FAST TRACK COURTS HAVE FAILED
TO SERVE THE DESIRED PURPOSE.
• THERE ARE JUST 13 JUDGES PER MILLION OF POPULATION.
• WHEREAS ADVANCED DEMOCRACIES HAVE 100 TO 150 JUDGES
PER MILLION OF POPULATION.

IDENTIFYING THE CORE PROBLEMS.
• VACANT POSTS OF JUDGES:OUT OF A SANCTIONED JUDGE
STRENGTH OF 18008 SUBORDINATE JUDGES,3634 POSTS ARE VACANT.
• NON AVAILABILITY OF TECHNICAL AND OTHER FACILITIES
IN SUBORDINATE COURTS.
• A MEAGRE ALLOCATION OF LESS THAN 1% OF THE TOTAL
BUDGET TO JUDICIARY.
• NO MECHANISM FOR PROPER AUDIT OF EXISTING LAWS.
• NO PROPER IMPLEMENTATION OF ART.247 OF CoI,
WHICH STATES THAT UNION GOVT. HAS POWER TO
ESTABLISH ADDITIONAL COURTS FOR THE PURPOSEOF
ADMINISTRATION OF CENTRAL LAWS.

SNAPSHOT OF PROPOSED SOLUTION.
• UTILISATION OF EXISTING INFRASTRUCTURE THROUGH
ESTABLISHMENT OF EVENING COURTS.
• FILLING UP VACANT POSTS OF JUDGES AND REPLACING
THE PRESENT COLLEGIUM SYTSTEM FOR HIGHER
JUDICIAL APPOINTMENTS WITH A MORE EFFICIENT
SYSTEM.
• PROPER AUDIT OF EXISTING LAWS.
• APPOINTMENT OF LEGAL OMBUDSMAN TO REGULATE THE
CONDUCT OF LEGAL PRACTISIONERS.
• JUDICIAL IMPACT ASSESMENT.
• MAKING THE PRESENT SYSTEM MORE EFFICIENT WITH
MINUTE CHANGES IN THE PRESENT SYSTEM.

IMPLEMENTATION OF PROPOSED
SOLUTION.
SETTING UP EVENING COURTS:.
THIS CONCEPT WOULD UTILISE THE EXISTING INFRASTRUCTURE WITHOUT
IMPOSING ANY EXTRA BURDEN ON THE STATE EXCHEQUER.
THIS MOVE WOULD ALLOW THE COMMON MAN TO ATTEND COURTS
WITHOUT COMPROMISING THEIR WORKING HOURS.
ONLY SPECIAL CASES MAY BE DEALT IN EVENING COURTS.FOR EG:CASES
INVOLVING CHEQUE FRAUD OR CASES INVOKING ANY SPECIFIC PROVISION.
ESTABLISHMENT OF A PERMANENT BODY FOR
APPOINTMENT OF JUDGES OF HIGH COURTS AND
SUPREME COURT.
THE PRESENT COLLEGIUM SYSTEM IS TIME CONSUMING
AND DOES NOT SERVE THE DESIRED PURPOSE.

MAKING THE JUSTICE DELIVERY
SYSTEM MORE EFFICIENT
• JUDICIAL IMPACT ASSESMENT:WHENEVER ANY LEGISLATION
IS TO BE INTRODUCED IN ANY LEGISLATURE, A FINANCIAL MEMO
BE PREPARED ,WHICH SHOULD MENTION THE BUDGETARY
REQUIREMENTS ARISING OUT OF THE NEW BILL,WHEN PASSED
BY THE LEGISLATURE.
• PROPER AUDIT OF EXISTING LAWS.
• STATE PUBLIC SERVICE COMMISSION MAY CONSIDER TO
CONDUCT JUDICIAL SERVICE EXAMS TWICE A YEAR FOR
APPOINTMENT OF TRIAL COURT JUDGES.
• ADVOCATE-ON-RECORD EXAM MAY BE CONDUCTED TWICE A
YEAR TO MEET THE PRESENT NEED FOR SC ADVOCATES.
• APPOINTMENT OF A LEGAL OMBUDSMAN TO REGULATE LEGAL
PROFESSIONALS AND MAINTAIN THE STANDARDS OF LEGAL
PROFESSION.
• AUDIO RECORDING OF COURT PROCEEDINGS.

MAKING MINOR REFORMS IN THE
EXISTING SYSTEM.
• ARRANGEMENT OF LOK ADALATS AT REGULAR INTERVALS.
• GIVING LEGAL MANAGERIAL TRAINING TO NEWLY APPOINTED
JUDICIAL OFFICERS.
• INTRODUCTION OF TECHNOLOGY IN ALL TRIAL COURTS.
• ARRANGEMENT OF ADEQUATE MEETINGS BETWEEN THE
MEMBERS OF SUBORDINATE AND HIGHER JUDICIARY FOR
BETTER COORDINATION.
• INCREASE IN THE INTAKE OF STUDENTS AT NLUS TO MAINTAIN
THE STANDARDS OF LEGAL EDUCATION.
• CLASSIFICATION OF COURTS INTO MORE SPECIALISED COURTS.
• PROPER TRAINING SHOULD BE GIVEN TO FRESH LAW
GRADUATES BY THE BCI.
• INCREASE IN COURT HOURS BY 20 MINUTES ON DAILY BASIS.

ARRANGEMENT OF FUNDS:RELIEVING
THE BURDEN OF STATE EXCHEQUER.
• COURTS MAY IMPOSE EXEMPLARY COSTS ON
VEXAXIOUS OR FRIVOLOUS PETITIONS.
• COURTS MAY IMPOSE HEAVY PENALTIES ON
THOSE GUILTY OF CORPORATE
IRREGULARITIES.
• HIKE IN COURT FEES OF CASES, WHERE THE
SUBJECT MATTER INCREASES 1 CRORE.
• IMPOSITION OF HEAVY FINES AND PENALTIES
ON THOSE INVOLVED IN CRIMES AGAINST
WOMEN AND CHILDREN.

ADVANTAGES OF PROPOSED SYSTEM
OVER EXISTING SYSTEM.
• ESTABLISHMENT OF EVENING COURTS WOULD USE THE
EXISTING INFRASTRUCTURE AND WOULD REDUCE THE
BACKLOG TO A HUGE EXTENT.
• USE OF TECHNOLOGY IN COURTS AND PROPER LEGAL
MANAGERIAL TRAINING WOULD MAKE THE SYSTEM MORE
EFFICIENT.
• PROPER AUDIT OF LAWS WOULD ELIMINATE ANY CHAOS
ABOUT CONFLICT OF ANY LAWS.
• ESTABLISHMENT OF A JUDICIAL APPOINMENT COMMITTEE
WOULD NOT ONLY PROVIDE TRANSPARENCY TO THE
PUBLIC, BUT WOULD FASTEN THE PROCESS FOR HIGHER
JUDICIAL APPOINMENTS.
• APPOINTMENT OF A LEGAL OMBUDSMAN WOULD MAKE
THE LEGAL PROFESSIONALS MORE ACCOUNTABLE,THEREBY
MAKING THE SYSTEM MORE EFFICIENT.

ANALYTICAL ANALYSIS OF THE
PROPOSED SOLUTION.
• AS THE ESTABLISHMENT OF EVENING COURTS IN
GUJRAT HAVE DISPOSED OFF MORE THAN 6.73 LAKH
CASES IN A SHORT SPAN OF LESS THAN 4 YEARS.THE
SAME MODEL CAN BE APPLIED TO THE REST OF THE
STATES.
• AUDIO RECORDING OF THE COURT PROCEEDINGS
WOULD MAKE THE WORKING OF COURTS MORE
TRANSPARENT AND ACCOUNTABLE.
• INCREASE IN ALL COURT HOURS BY 20 MINUTES ON
DAILY BASIS WOULD MAKE A HUGE IMPACT ON
MACRO BASIS, AS A SINGLE COURT OF DELHI HIGH
COURT TAKES JUST 5 MINUTES TO HEAR A CASE
EVERYDAY.

RISK FACTORS INVOLVED IN THE
PROPOSED MODEL.
• SENIOR LAWYERS MAY RESIST TO ATTEND
EVENING COURTS AS THEY WOULD NOT GET
SUFFICIENT TIME FOR PREPARATION OF CASES
WHICH ARE SCHEDULED FOR THE NEXT DAY.
• MODEL MAY IMPOSE EXTRA BURDEN ON THE
STATE EXCHEQUER.
• SOME JUDGES MAY RAISE OBJECTION FOR AUDIO
RECORDING OF COURT PROCEEDINGS.
• JUDGES MAY RESIST THE PROPOSAL FOR
REPLACEMENT OF PRESENT COLLEGIUM SYSTEM
BY THE JUDICIAL APPONTMENTS COMMITTEE FOR
HIGHER JUDICIAL APPOINTMENTS.

REFERENCES
• LAW MINISTRY WEBSITE.
• REPORTS OF NATIONAL CRIME RECORDS
BUREAU.
• DELHI HIGH COURT BIENNIEL REPORTS.
• REPORTS OF LAW MINISTRY.
• LAW JOURNALS.

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