The document proposes forming a separate and independent Council to address the growing problem of pending court cases in India. Key points:
1) The number of pending court cases has been increasing due to low judge population ratio, poor infrastructure, lack of lawyer discipline, and ineffective bar councils.
2) The proposed Council would be composed of retired judges, law professors, retired defense/police personnel, and bar council representatives.
3) The Council would implement programs like compulsory internships, qualifying exams for new lawyers, and seminars for existing lawyers to improve lawyer skills and reduce case backlog.
4) The Council would be self-funded through annual lawyer contributions and exam fees, and help clear 1 million
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
Vajiram & Ravi has introduced a new monthly current affairs magazine of November 2021 called ‘The Recitals’, which approaches current affairs through question and answers. ‘The Recitals’ deciphers current affairs in different section necessary for Prelims Current Affairs through Multiple Choice Questions (MCQs), Mains Current Affairs Question & Answers and Interview Current Affairs. The current affairs magazine does not merely provide information, but focuses on the analysis on current issues necessary for the exam.
EDEN IAS - WEEKLY CURRENT ROUND-UP 24 June 2018EDEN IAS
According to Black’s law dictionary, Police is the function of that branch of the administrative machinery of government
which is charged with the preservation of public order and tranquility, the promotion of the public health, safety, and
morals, and the prevention, detection, and punishment of crimes.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
Vajiram & Ravi has introduced a new monthly current affairs magazine of November 2021 called ‘The Recitals’, which approaches current affairs through question and answers. ‘The Recitals’ deciphers current affairs in different section necessary for Prelims Current Affairs through Multiple Choice Questions (MCQs), Mains Current Affairs Question & Answers and Interview Current Affairs. The current affairs magazine does not merely provide information, but focuses on the analysis on current issues necessary for the exam.
EDEN IAS - WEEKLY CURRENT ROUND-UP 24 June 2018EDEN IAS
According to Black’s law dictionary, Police is the function of that branch of the administrative machinery of government
which is charged with the preservation of public order and tranquility, the promotion of the public health, safety, and
morals, and the prevention, detection, and punishment of crimes.
Education and Training for Court Managers Nilendra Kumar
The time & efforts of judges can be better utilised and docket management significantly improved by entrusting the Court Management role to the persons specially trained. The trainers can effectively contribute to the court managers skill development.
1. Topic- Ensuring timely and expeditious
justice to all.
Proposed Solution-Formation of a
separate and independent Council.
Team Details
Anant Saxena (Team Coordinator)
Aayush Khera
Rohit Gupta
Shruti Bhatt
Sofi Tiwari
2. Overview-
• Problem Statement
• Proposed Solution- Formation of a separate and independent Council
(Composition of Council)
• Recruitment
• Implementation Model
• Management
• Expenditure
• Budget source and Merits
• Challenges and Mitigation Factors
• References
3. Problem - Number of pending cases in the country is
increasing year by year
CAUSES-
Lower judge population ratio
• India has a low judge population ratio of 14
per 10 lakh people.
Poor infrastructure
• Union ministry spends less than 1% of the
total budget on judiciary. The Court system is
therefore wholly dependent upon the non-
plan budget which remains almost static,
leaving little scope for modernization and
development.
Lack of etiquettes and immoral
conduct
• This results in more number of strikes
amongst the lawyers and hence disruption in
the court proceedings.
Hindrance in the working of bar
council
• Ineffective control over the lawyers which
results in incessant strikes.
0
0.5
1
1.5
2
2.5
3
3.5
4
2000
2007
2008
2009
2013
Pending cases (in cr)
Fast fact – India’s judge to population ratio is the lowest in the world.
Indian judiciary would take 320 years to clear
the backlog of 31.28 million cases pending in
various courts including High courts in the
country - PTI Mar 6, 2010, 06.05pm IST
4. Retired SC/HC
Judges
Retired
Defense
Personnel
Law Professors
Retired IPS
Officers
Bar Council
Representatives
CompositionofCouncil
•Conduction of exam.
•Formation of policies.
•Responsible for
conducting awareness
campaigns .
•Delivering of guest
lectures.
Think Tank
Feedback
committee
Backbone
•Report the problems of
their respective regions to
the Think Tank
•Responsible for
maintaining discipline and
decorum
•Maintain Law and Order
•Evaluation of Flaws of the
council
•Act as communication
channel between courts
and council
5. Implementation Model
All the LLB graduates (who wish to practice law in the courts ) have to
undergo a compulsory internship of 6 months under an advocate or in
institutions such as IJTR.
After the internship it would be mandatory for every fresh graduate to take
an exam that would check their basic skills as a lawyer.
This exam would be conducted once or twice a year and that too with a
o i al fee. It is ad ised, those ho do ’t qualify this test should co ti ue
with their internship until the next exam.
The above exam would test the theoretical as well as practical skills of the
candidates. This exam should be monitored by a council.
For existing lawyers, a seminar would be arranged from time to time
consisting of retired Supreme Court judges.
Fast fact- Number of vacancies in the judiciary as of January 2013 is at 3,000.
6. Recruitment
SC/HC Judges have
to compulsorily
serve in the council
for 1 year and 2
years respectively.
IPS Officers will
also be recruited
on the basis of
their past records
Law Professors to
be recommended
by the State
Government
based on their
achievements
Recruitment Process
Fast Fact- Former Law Minister Ashwani Kumar admitted that the present process of appointment
of judges has not proved to be adequate.
7. The council will help keep a check on inefficient lawyers
*It is mandatory for the judges of
SC and HC to be a part of the
council for 1 year and 2 years
respectively.
Personnel Number
•Retired Defense 75
Personnel.
•Law Professors. 75
•Retired IPS Officers. 100
•Representatives from 150
Bar Council.
400*
Management
•The meetings of the Council will be
conducted on a tri-monthly basis.
•The Council will be made responsible to
the Law Ministry.
•Active role of the Bar Council will result in
the decentralization of power, thereby
decreasing the extent of corruption in the
Judiciary.
•Chief Justice of India will be the ex-officio
chairman of the council.
Fast Fact-Bihar has the highest number of Trial Courts. Interestingly it ranks second in the Highest
pendency of cases.
9. Budget and Merits of the Council-
Source of Budget- Merits-
• Increase in the efficiency and
capability of lawyers.
• Increase in employment
opportunities for technical as well as
non-technical persons.
• Enhancing the transparency in the
Judicial System.
• Decrease in the number of pending
cases.
• The council will be able to fill 60% of
the vacant posts of the judges as well
as disposing of a million pending
cases per year by generating efficient
and talented lawyers .
Auto Generation of funds
According to National Data Survey-
• Number of current lawyers :1.3 million
• Lawyers above the age of forty : 0.5 million
Contribution by each lawyer per year
:5000INR
Total contribution : 2500 million
Increasing the Union Budget
allocation to the Judiciary.
Funds via examination fee
Fast fact-The 21 High Courts decide on an average 1.5 million cases per year while the
Supreme Court decide well over 50,000 cases every year.
10. Key concepts and implementation risks-
Challenges-
• Awareness campaign.
• Make it compulsory for the HC judges
to serve for 2 years and SC judges to
serve for 1 year in the council. After this
period the extension is voluntary.
• The composition of council has people
hailing from different backgrounds.
• Funding from other sources via
examination fee as well as the
contribution from lawyers.
• Ensuring more power to the Bar Council
would help in ensuring transparency
and efficiency in the judiciary.
Concept risks-
• The judges, professors and other personal
might hesitate in working after retirement.
• There might arise a situation of nepotism in the
council because of the authoritative position of
the judges before retirement.
Risks of implementation-
• The government might not see any point in
increasing the budget allocation to the
judiciary.
• Transparency and efficiency should be the
topmost priority in order to effectively
implement the model.
• There might be disconcern among the lawyers
who need to contribute a certain amount.
Fast facts – Allahabad HC tops the list of maximum pendency of cases with about 10 lakh pending cases.
Mitigation Factors
11. Proper Education is the
NEED OF THE HOUR.
By inculcating moral
values and ensuring
integrity of character
among the students
during their crucial years
of education one can
solve not only these 14
critical problems but all
other problems.
