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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 March 2010

‘Judicial backlog undermining democracy’

NEW DELHI: The Congress leadership on Saturday expressed concern over mounting judicial pendency with PM Manmohan Singh and UPA chairperson Sonia Gandhi saying they were robbing the sheen from the democratic system which aims to provide speedy justice to common man.

The top Congress leaders also said Gram Nyayalayas Act would prove a big step in removing the pendency. The PM urged the states to take immediate steps to operationalize the law. Sonia Gandhi said 2.5 crore cases were pending at various levels across the country. In a telling comment, PM Singh mentioned the concern over judicial backlog while adding that democracy will have little meaning for the common man if he could not “secure basic rights and easy access to speedy justice”.

Calling the legal and judicial system as presenting a contradiction, he said the Indian legal system was admired the world over and had lawyers who are the best. “However, all these strengths are somewhat diminished by the arrears and backlog of cases at every level of our judicial system,” he said. The PM, who was addressing conference organized by AICC’s legal department headed by Abhishek Singhvi, said the “consumer of justice” was the main stakeholder whose access to speedy justice depended not just on settling of backlog but also on weeding out of outdated laws.

He promised to “walk the extra mile” in steps taken by the bar and the bench at ‘oiling’ the system but said “the lead (for judicial reform) has to come from within.”

While Congress chief Sonia Gandhi was mild in her observations, she added that “speedy, effective and affordable justice” was a party objective. She said Gram Nyayalaya Act would bring justice at the doorsteps of rural masses. It will add 5,000 courts for which Centre will give Rs 1,400 crore, she said, adding that they will cut the arrears which stood at 2.5 crore.

In the midst of concern over backlog and judicial reform, the collegium system on appointment of judges also provoked comments. Union minister Jaipal Reddy said the collegium system was marked by charges of nepotism and favouritism. He said the system was opaque and faulty and the government was considering a legislation to reform it. Attorney General G E Vahanvati said the present system needs to be considered but it was a sensitive issue and the Centre was handling it delicately.

A galaxy of ministers from Centre, chief ministers and leaders from the organization came for the convention. They highlighted the party role in ushering in an era of rights-based entitlements.
 



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