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Daksh (Student)     15 July 2010

Private Courts - Is it possible!!!!!!!!!!

Dear All,

Let's face it we are used to live in litigious society wherein the law is based on adversarial concept. The recent trend of introducing economical, less time consuming and peaceful negotiations do indicate the evasive attitude of the "STATE" to arrest and address the problem. There might be upteen reasons (read excuses) for the same but my question to all the learned friends and collegues that are we heading towards a society where private courts can be a near reality.

Awaiting for your comments.

Best Regards



 12 Replies


judiciary will not be placed in the hands of private individuals.if it is placed their will be gret hurdel to the society.every private individual will take the law in their hands.ous is an democratic country.if judiciary became privatisation will will be taken  in to private individuals.juduciary must be unde control of the government.

Bhartiya No. 1 (Nationalist)     15 July 2010

Law & administration, Health, anf Education should always be with the state. These are very important depts. which shapes and affect the culture and character of society/Nation. Also these field needs high level dedication, and  selfless quality service.

Recruitment on these sectors should be restricted for the persons having right attitude and aptitude to serve the nation.

N.K.Assumi (Advocate)     15 July 2010

Dear Daksh, Srikanth and Jayaswal have correctly answered your query. Members will not believe it but self style courts exist in our state and they used to dispose off cases within a very short period in just one sitting.

Daksh (Student)     15 July 2010

Dear Mr.Srikanth, Mr.N.K.Assumi and Mr.Ashutosh Jayaswal,

Thanks for your valuable inputs but like outsourcing of security arrangement apart from regular police and paramilitary forces and co existence of government and private medical service providers (the point to be noted is that there is a provision for regulator and more so there is a monitoring mechanism at place).   If we test this preposition further the provisions Arbitration and Conciliation Act, Lok Adalats (now a days the counselling part as well) the multifacetedness of the situation necessesitates the delegation of initially some less judicious and then semi judicious functions by the state.

 Waiting for your inputs.

Best Regards


Bhartiya No. 1 (Nationalist)     15 July 2010

Sir, Lok adala has limited role also cases at lok adalats generally do get disposed by highly professional experts. Also i have heard that no appeal can be filed against the judgement of lok adalat.

Ayub S. Pathan (Legal Adviser)     15 July 2010

No. Not at all.

Every pvt. negotions are within the perview of law.

It is not possible in India the reason is we are govern

with rule of law and the constitution of India. State is the protector of laws and it's


Ayub S. Pathan, Legal adviser , State CID, M.S.Pune

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 July 2010

I am against private courts. If private courts are permitted, then Don's rule those Courts and that will not be good for judiciary

Jagan mohan (advocate)     16 July 2010

 That our government is not permitted to introduce private courts,  Our judiciary is part of the constitution ,

Arbitration is nothing but private court. It is has no power to deal criminal nature cases.



judiciary cannot be compared with privvate securitisation,medical services e.t.c..,

judicary controll all the heads in the state.if it was privatised again we have to fought for independence.

law and oder will be collaped when it was privatised.even for imagining also its so terrible.

venkatkrishna (AGM)     17 July 2010


There is lot of oposition on settingup of pvt court.  An ordinary person also can imagine the situation in case of pvt courts.  In india  this Judiciary, Police are in the hand of Govt still we  are not getting  a transperent  judgments or solutions.  These two organisations  are in top in bribe and curruption.  If  it goes into pvt hands  therere is no dount  100%  it goes in to the hands of  politicians  and  gundas or mighty people.

If the subject issue become true  we can see only  2nd Afganistan under talibans.  I request all  even for gods sake dont think.   Thanks dear Daksh  I surprised how this idea came into your mind. It is not possible unless we have  good and genuine  leaders of politics.

Devesh A. Bhatia (Advocate)     26 July 2010

Whether we agree or not, private dispute resolution system exists and have existed for a very long time now. It is very similar to lok adalat concept when both parties surrender to the jurisdiction of a court/individual and agree to bind by the decision. 

It unbiased, i believe this is a really good way of resolving conflicts

J. P. Shah (RTI & CONSUMER ACTIVIST)     26 September 2010

In certain communities they have informal court type forums and they are working nicely to solve problems of members of their community members [excluding criminal cases]. Even some forums have been appreciated by govts for out of court settlements of disputes or ADRs. 

Instead of private courts, we can have hybrid courts, where judge is appointed and paid by govt and rest of infrastructure and staff, computers are provided by private sector, who should get tax benefits for such investments.This is possible for civil matters only.

To solve abnormal problem of huge pendency in courts which is now  shaking confidence of public in court system, we must think out of box for solutions. One of causes of nexalism and internal terrorism is that citizens are not getting justice from present inefficient system of courts. 

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