The document discusses modernization of the Indian judiciary. It outlines several issues with the current system including low judge to population ratio, high case pendency rates, and an inefficient legal education system. It proposes solutions such as forming case screening panels comprising retired judges and police officers to reduce false cases, implementing IT solutions to improve legal education, and establishing special fast-track courts to reduce delays in case disposal. The document provides details on the proposed screening panel structure and recruitment process as well as a plan to increase practical exposure for law students through a new website managed by the Bar Council of India.

1. Modernization of Indian Judiciary
Submitted By:
The Justice League
Anuj Singh, Anirban Ghosh, Pranab Kumar Singh, Sarvendra Vikram, Kumar Vikrant
Birla Institute Of Technology, Patna

2. The INDIAN JUDICIARY is losing quite a lot of its sheen courtesy on account of the negligence of
diligence.
Some of the common reasons for this problem are:-
 JUDGES TO COMMON PEOPLE RATIO
• There are 14 judges per 10,00,000 persons in India.
• At present there are only around 19,000 Judges in India.
 THE NUMBER OF FALSE CASES BEING REGISTERED
• Around 30-45% of cases filed are fake.
• Leads to embarrassment & diminution of social status.
• Stacking of cases renders the proceedings costly & time consuming.
 THE DELAY IN PROSECUTION AND CONDUCTION
OF LEGAL PAPERWORK AND CASES
• Pendency of cases at present is around 2.5 crores.
• Delays might result in losing a key witness or physical evidences.
• Delay can cause unnecessary distress to the victim.
 INCOMPETENCY OF LEGAL EDUCATION SYSTEM
• 60-70 thousand law graduates join legal profession every year.
• Law students lack practical skills to solve real-life cases.
• Incapability of BCI to guide and mentor fresh law graduates.
 CORRUPTION AT VARIOUS LEVELS OF JUDICIARY
• Threat and Coercion used by powerful people to manipulate decision making process.
• “Hush-Money”(bribes) being given to poorly paid government officials as an incentives to
stop them from undertaking proper investigation.
• Evidence tampering and witness manipulation.
INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN SUPREME COURT

3. Proposed Solutions
FORMATION OF
PANEL FOR
INSTITUTION OF
CASES
QUICK
DISPOSAL OF
LEGAL
PAPERWORK
AND CASES
INCREASING
PROFICIENCY OF
LEGAL
EDUCATION
SYSTEM
• To be implemented on low level courts(civil courts etc.) and other such low level law authorities.
• Personnel to be selected for the PANEL should have adequate qualities and qualifications and
have proper knowledge and prior experience in handling problems related to judiciary(RETIRED
PROFFESORS,JUDGES and EXPERIENCED LAWYERS and active POLICE OFFICERS)
• Main motive of panel should be to inquire about the authenticity of cases being registered.
• Using Information Technology as a catalyst.
• Increasing interaction of fresh law graduates with prominent lawyers throughout the nation.
• Extension of activities to be performed by the Bar Council of India.
• The present system viz. “let the Courts decide every case” must be done with.
• Courts may also take resort to Section 89A of the Civil Procedure Code, 1908 in order to ensure
that litigants first exhaust all modes of alternative dispute resolution.
• Investigation should be more on scientific evidence and documentary evidence than on oral
evidence.

4. A LAYOUT FOR THE PROPOSED JUDICIAL BODY
RATIONALS FOR CHOOSING THE GROUP
1) Active and dynamic personality.
2) Investigation experience.
3) CONTROLLING and dominating figure .
4) Has a clear idea of how the judiciary system
works.
COPS
RETIRED
LAWYERS/
PROFESSORS
Number of Members
2 officers per POLICE STATION in each and
every district( number may subject to
variation according to the number of cases
coming in).
RATIONALS FOR CHOOSING THE GROUP
1) Long and distinguished work experiences.
2) Acute knowledge of the LAW.
3) Can read the mentality of common people
and analyze them
4) Free time in abundance
Number of Members
20 to 30 per district (numbers may vary
according to the size of the district)
RECRUITMENT PROCESS
1)Retired personnel for a district should be selected from the district itself.
2)Cops should be selected on the basis of their track record
3) The BAR Council can act as a reference for recruitment

5. WORKING & FUNCTIONING OF PANEL
• All cases lodged are to be brought under the observation of the panel.
• As indicated the MAIN objective of the PANEL is to check for the authenticity of the cases being lodged.
• The active members(cops) will gather information on each and every aspect of a single case.
• The detailed information gathered is analyzed by the retired personnel, before they pass their verdict.

6. INTERACTION OF PANEL WITH JUDICIAL BODIES
• The panel will be subdivided into groups( each group will have its own set of active and
retired members).
• A person who has had his case rejected by the panel once will be given another chance to
have his case authenticated by another sub-group (i.e. if he feels his case is authentic
legitimate),one group will work on one case at a time.
• The authentic cases are handed over to the court, whereas the ones falsely registered are
curbed by punishment.

7. INCREASING PROFICIENCY OF LEGAL EDUCATION SYSTEM
PROBLEMS
• The lawyers passing
out of colleges each
year are not up to
the scratch
• They cannot use
their theoretical
knowledge to full
use while dealing
with problems and
cases in the real
world
• The lawyers passing
out of colleges each
year are not up to
the scratch
• They cannot use
their theoretical
knowledge to full
use while dealing
with problems and
cases in the real
world
SOLUTION
• Proper exposure to
real life courts and
cases should be
provided to the
students
• This can be achieved
my increased
interaction with
professional lawyers.
• THE BAR COUNCIL OF
INDIA is requested to
put up a new website
solely for this
purpose, where the
students who enroll
in LLB and BL courses
must register in this
website.
• Proper exposure to
real life courts and
cases should be
provided to the
students
• This can be achieved
my increased
interaction with
professional lawyers.
• THE BAR COUNCIL OF
INDIA is requested to
put up a new website
solely for this
purpose, where the
students who enroll
in LLB and BL courses
must register in this
website.
SALIENT
FEATURES
• The students will be
required to pay a fee for
using the services of the
website.
• Half of the fee shall be paid
by the student himself and
the other half shall be
provided for by the
government.
• Not only should students
be registered in this
website, it should be made
mandatory for everyone
who is practicing law in the
country.
• The lawyers already in
practice will play the
mentors role in a successful
up-bringing of a modern
generation lawyer for which
they will be accordingly
paid.
• The students will be
required to pay a fee for
using the services of the
website.
• Half of the fee shall be paid
by the student himself and
the other half shall be
provided for by the
government.
• Not only should students
be registered in this
website, it should be made
mandatory for everyone
who is practicing law in the
country.
• The lawyers already in
practice will play the
mentors role in a successful
up-bringing of a modern
generation lawyer for which
they will be accordingly
paid.

8. LAYOUT OF WEBSITE
• A separate BODY has to be formed inside the BAR COUNCIL, who will only preside over the matters concerning this
website( acceptance of fees, payment of mentors).
• It will be also their job to hire it professionals who will design the website and would me responsible for making it user
friendly and keep it running unceasingly and secure.

9. STEPS FOR QUICK DISPOSAL OF CASES
Cases under certain statutes and areas of law are choking the dockets of
magisterial and specialized courts, and the same have been identified as
follows:
• Matrimonial cases.
• Cases under Section 498A of the Indian Penal Code, 1860.
• Cases under Section 138 of the Negotiable Instruments Act, 1881.
• Cases under the Prevention of Corruption Act, 1988.
• Regular murder cases/appeals.
• Civil cases, including suits which may have been rendered
infructuous.
• Cases under Section 482 of the Code of Criminal Procedure, 1973.
• Petty cases such as Traffic Challans.
• Motor Accident Claims.

10. PROS & CONS OF PROPOSED SYSTEM
Advantages Challenges & Risks
Since there are 30-45 % of false cases , which
will be monitored and removed by the panel.
This helps the court to a large extent to
decreases the number of cases and helps in
providing EXPEDITIOUS JUSTICE.
The website of the BAR council is prone to
hacking and tampering of the data uploaded on
the website might occur.
As it is implemented on the lower levels so all
the information and data are collected before
hand, the investigation is done prior to the case
in the court which again helps in swift justice.
The retired members of the panel may show
partiality in giving their verdict on the
authenticity of cases as their posting in the
home district might influence their decision.
By implementing the IT-SECTOR and creating the
website, we enhance the level of interaction and
exposure of amateur law students in order to
produce better and efficient lawyers for the
future.
All HIGH LEVEL COURTS are free from the
jurisdiction of the panel. Fraud registration and
illegal law practices might get into the judiciary
system, common people might be taken in.

11. MEASURES TO COMBAT:
 Numbers of Courts are to be enhanced to deal with each type of cases .
Fast Track procedures must be evolved to deal with the cases earmarked
as causing bottlenecks.
 Special Court Rooms, additional buildings and other infrastructure must
be provided for the above purpose. Increased infrastructural support must
be considered on a war-footing.
 Special Courts to process cases on a non-stop day-to-day basis with no
adjournments except in rare circumstances.
 Investigation should be more on scientific evidence and documentary
evidence than on oral evidence.
 Investigation should be Crime to Criminal.

12. Appendix
References
• SILF: Indian Judicial System
http://www.silf.org.in/16/Indian-Judicial-system.htm
• Indian Legal System: Problems and challenges
http://www.publishyourarticles.net
• National Litigation policy
http://www.legallyindia.com/tag/national-litigation-policy
• Vision Statement 2011-2013
http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/vision-
statement-2011-13/
• www.supremecourtofindia.nic.in
• The Rule of Law Index 2012-2013 Report | The World Justice Project
http://worldjusticeproject.org/publication/rule-law-index-reports/rule-law-index-
2012-2013-report