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R C Nigam (xxxxxxxxx)     13 April 2011

Are judicial reforms necessary?

It is more than half a century that every one including the Presidents, Prime Ministers and other luminaries like CJIs have been harping on the necessity of early disposal of litigations. Voice has always been raised for enhancing the number of judges to achieve the objective, by no less than the highest authority in Judiciary-the CJIs, which very often smacked like a demand from Trade Union leader. However, according to a news paper report, a Judge disposed off more than 100 cases in a day, exploding the myth of the demand for more Judges to achieve the objective. It is also a fact that many a Tribunals and Forums have sprung up along with various courts entertaining petitions of specified nature, which interalia means increase in the number of Judges. It is also worth mentioning that the delay, like a period of 4 years being taken in disposing off an application filed by a petitioner in a Writ Petition, should be a matter of concern and the courts should be seized of such aberrations. Similarly, the courts and specially the HCs should be sensitive in allowing adjournements in petitions by senior citizens, particularly petitions involving payment of pensionary dues, otherwise the scuplous bureaucrates, in absense of COST, keep exploiting the provision to carry out their nefarious tactics. Codification of proceedings to address such aberrations and creation of an OMBUDSMAN constitutional body to monitor the activities of the courts along with entertaining complaints against the Judges and the Court Officers (advocates) to make them more responsible and accountable, is need of the hour, lest the citadle of Justice scrumbles down, brick by brick.



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 15 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 April 2011

Justice delayed ,justice denied now it is changed justice hurried , justice denied.   I do agree cases must be disposed quickly, but it requires the competent judges  to go thru., the cases.  Indian cases are different from foreign disputes.  Foreign countries cases are based on civil wrong.  But in our country  cases are mainly based on properties. 

Matrimonial cases can be solved quickly, but to solve property disputes it requires intelligent judge.  Now a days judges are appointing who have no experiences or practice in the legal filed, such judges cannot understand even what is the procedure.  Simply they will pass the judgement.

One eg., I can say I ws for plaintiff who is muslim defendants are the themselves called sons of one X female, who died before his father.  So in Mohd law there is a theory of exclusion, when a member of muslim family dies before his/her father then the deceased legal heirs wont get any share in the properties of the father of deceased, but the judge pronounced judgment as if Hindu law is applicable he dismissed the suit saying that defendants have got share.

HIgh courts put a pressure on the lower courts for quick disposals but they don't do. 


 

N.K.Assumi (Advocate)     14 April 2011

I am of the view that we have an excellent systems but the various hurdles and obstructions are the machineries that operate the systems. it is like excellent car driven by a drunken driver.

1 Like

Arup (UNEMPLOYED)     14 April 2011

extremly necessary.

Uma parameswaran (lawyer)     14 April 2011

Changes can be made by the Involvment of emient peoples , Research and study ,good organisational set up etc 

Sarvesh Kumar Sharma Advocate (Advocacy)     14 April 2011

fully agree with yr view!

there shold be a controling authority upon judiciary,

nothing discriation-every thing should be under law!

reform is must!

R C Nigam (xxxxxxxxx)     14 April 2011

Shall it not help achieve the goal, by adopting with the least of modification, a system as in vogue in the USA, which bridles the Judges, and makes them accountable, while empowers the petitioner to protest against the Judgment? If this will reduce the number of appeals, as the incomplete Judgments, and partial reliefs or arbitrary Jusgments shall be a matter of past.

While thanking all the participants, and those also who may participate in future, I wish everyone contributes in transforming the Judicial System an ideal one, which may usher in a corruption free atmosphere in the country.

 

Arup (UNEMPLOYED)     14 April 2011

the incomplete Judgments

---   one of the main reason of appeal which overburdain the courts.

N.K.Assumi (Advocate)     14 April 2011

Dear Members, what is there in the systems? Yes, with the change of changing times especially the scientefic technology, which the systems required harmonious blending, what do we need? It is the driver who drive the systems that is at fault.? So, who should change first? The car or the driver?

N.K.Assumi (Advocate)     14 April 2011

Dear Sarvesh Sir, do you mean that the Judges be a sychopant? It is the essence of Democracy to obey no master but the Law? So, should the Law be the Master or the Controlling authority be the master? For your kind information, I am a victim that took the line the essence of Democracy to obey no Master but the Law.

N.K.Assumi (Advocate)     14 April 2011

Dear Sarvesh Sir, do you mean that the Judges be a sychopant? It is the essence of Democracy to obey no master but the Law? So, should the Law be the Master or the Controlling authority be the master? For your kind information, I am a victim that took the line the essence of Democracy to obey no Master but the Law.

Anil Kumar-Advocate (PRACTICE AS LAWYER/ADVOCATE)     14 April 2011

Radical changes are required not only in judiciary but in election system and administration which includes IAS/IPS/Allied Officers/State Officer and different types of their secretaries, Bada Babu, Chhota Babu who are the master mind in torturing the citizen of the country in large. They know hoe to make a things critical rather clear.

R C Nigam (xxxxxxxxx)     15 April 2011

Dear Mr Assumi will, perhaps, relish a car having Central locking, Hydraulic brakes and computerised fuel management system in his car, while a young energetic and teerotlar driver too, instead of an old model having no modern safety & comfort devices driven by his old driver with specks and who is adict of RUM.

The Railways have sophisticated safety devices, which cost billions, but at the same time CODIFIED maintenance/inspection shedules also along with multi layered checks and super checks etc etc. They also have a system- breath analyser- to ensure that the driver on duty is not in an inebriated state. Similar is the arrangement in other fields like aviation etc.

The Judiciary should, similarly, have codified Rules and working procedures, so that it may act as saviour of HUMAN RIGHTS, contrary to its present configuration, which is found to be a murderer of the RIGHTS-when it is seen that  a POOR, an Old citizen above 70s, or a farmer, is found contesting a case for 10s of years and spending huge sum in the process, at the cost of his essential needs. Such litigants die every evening after attending the court, after being disappointed when their name is not called out or the Respondent's Advocate does not turn up or his own Advocate absents being busy in other case . . . . . . .

Can't it be ensured that atleast he does not have to waste money for listing of his case? Should he not expect that the Judgment is explicit and complete and it is not returned back for reconsideration by those who have already rejected once?. . . . . . . .

Arup (UNEMPLOYED)     15 April 2011

agreed with mr nigam

rkb (Member)     18 March 2012

I was at Music Academy Hall today listening to the address by the eminent Judge.

From his speech I gathered that a Judge of any Indian Court has got absolute security for his job which simply means power without accountability of any kind. This absolute power has not corrupted them for long only for the reason that there is little chance that they could use their power to their advantage. Yes ... the Judges hear and dispose only the petition of the petitioners and not their own! Therefore the both the beneficiary and the victim of Judges of Indian Judicial system are the petitioners. As a petitioner I posed a solution to the moot point of the address of the Judge at the end but I was not happy with the response that I received.

In my opinion I differ from the Judge in regards to the suggestion he proposed regards to things like enhancing their retirement age to 70+, ensuring full salary pension to them etc. More and more the system provides them an absolute benefit ... more they are going to be corrupt. More security that they get from the system will see to that they are less accountable and so may not be responsible for the petitioners. The fact that they have absolute security - more than any other Constitutional Functionary - does not mean that they may not desire more for it is human nature to seek more. The mortal Judge will also try to secure similarly for his/her siblings and thus arrogate with his power to be corrupt in spite of any amount of security bestowed to his/her position. Therefore the mechanism of ensuring accountability in a fool proof manner is what is required to ensure Judicial Accountability and Transparency to the society.

The Collegium of Judges can always manipulate any profile by selectively valuing the reports and that the speaker concurred today in his address. It should be noted that almost all Judges put a very brave face to deliver justice in all matters that receive abundant media publicity. But it is only a trivial percentage of all the cases handled by him/her. The monotony of a Judge's work today is that he is listed with about hundreds of cases a day in the background of several lakhs of backlog cases and so the predominant attitude is to dispose as many numbers as possible. Majority of the petitioners suffer only because of this attitude and that is the prime reason for the public in India avoiding Judiciary for their issues. Therefore it is not fair to make any assessment of a Judge based only on the trivial percentage of the cases that he or she handled that got the media publicity. The system should generate a number for accountability from all the cases and that was my suggestion.

I suggested that a Judgement of an High Court that has been accepted in appeal in an higher court has to be defended for the Judgement by the same Judge. First this will make the Judge's work life more invigorating for he can at times practice his advocates skills for gaining perfection as a sweet holiday from the monotony of hearing about hundred plus cases a day. More importantly the Judiciary can now have a numerical figure for his merit on day to day basis that can be used as an index of accountability. I know that much more has to be deliberated to bring in a clarity in my proposition. But I find it odd that Justice Shah responding in a manner that it may not work when the public expectation is that the public offices in India should ensure that such system are in place and function without scope for much ambiguity. A number for measuring the accountability has to be studied and it will be a futile exercise to believe that a more autonomous and secured Judge will deliver genuine Justice demanded by the society.


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