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Suggest How to improve our Judiciary and make it efficient

edited October 2015 in Current Affairs
3 crore cases pending #:-S
No justice in India ?
Hardly any government took effort in 68 years to imporve system.
Politician want to save themselves and want status quo?

Comments

  • Many cases are very petty cases. Can be solved by effective implementation of lok adalats.
  • bhai log, dhyan se. yaha pe ek admi kerosene hai. aag lagake chala jaega. :))
  • more judges recruitment at lower + higher level..i think 30% high court judges are vacant.
    electronic record maintenance.
    and education of the masses so they know they are not being duped by the justice system
  • Guys please contribute.

    @Himalaya Singh dude keep asking questions. Interested people will add their views. Dont care if you dont get the reply. Just keep asking. All your questions are reasonable and have high probability to appear in the examination.
  • Can switching from "Adversarial System" to "Inquisitorial System" help India?

    Inquisitorial system is present in Russia and Germany where judge leads a investigation and ask question to parties of dispute.
  • like supreme court judges do in constitutional cases?
    it is worth a try, the current sys. is clearly not working well enough and Germany has a good justice sys i think.
    also, more focus on citizen character development is required. In germany, 13 year olds are made to analyse everything from poems to physics.
  • One very importation recommendation made by a committee ( forgot name )
    that there should be limitation for appeal like maximum 3.
  • @Himalaya Singh
    "Politician want to save themselves and want status quo?"
    I don't think politicians are the only ones to be blamed for increasing judicial incompetence. Even the judiciary is showing resistance to reforms, especially the lower rungs where many cases of nepotism, corruption and favoritism have come up. Furthermore how would delayed judicial reforms and maintaining status quo help the politicians in 'saving themselves'?
  • Justice delayed is justice denied but we cannot put a time limit to the cases lest it compromises with the quality of the judgment which is also justice denied.
    Some suggestions:
    - Filling up the judicial vacancies. Judge to population ratio is 15 per million. Need to increase it to 50 as per recommendations of 120th Law Commission report. However, there is also a lack of suitable candidates for the post of judges. So the post needs to made more lucrative for proficient bar lawyers going towards private practice.
    - As a short term measure, retirement ages of judges can be increased to clear some of the backlog.
    - There is also a lack of physical infra. So apart from computerisation of records, setting up of e-courts, a shift system can be introduced to utilise the current infra better. Petty cases, traffic challans which clog the courts can be taken up in the evenings.
    - Assignment of cases to judges can be rationalised according to their expertise areas for faster disposal.
    - Number of vacations can be reduced and made more flexible for the judges.
    - Sec 309 of CrPC needs to be amended and conditions of adjournment needs to be rationalised.
    - Need to strengthen work ethics of both the lawyers and the judges. A guideline of good practices can be introduced by the SC and the system of promoting judges should take into account these practices while scrutinizing the candidate in a transparent manner.
    - ADRs. Arbitration, mediation, conciliation and lok adalats need to be popularised and funded properly.
    - National Litigation Policy should reduce the number of litigations by the government. Unambiguous judgements should be given to prevent further litigations.
    - The nature of PIL has changed since its inception. Conditions of filing PIL need to be reiterated. Courts should be strict about frivolous and repeated PILs especially those done for political purposes.
    - Judicial accountability is very important to continue the unfettered trust the public has in its judicial system. Ultimately even the judiciary is a public institution and its functioning should be open to the general public so even the people can act as a check and balance.

    These are just outlines, we can discuss any particular point in more details.
    @Himalaya Singh this is a good initiative.
  • @Himalaya Singh
    "Politician want to save themselves and want status quo?"
    I don't think politicians are the only ones to be blamed for increasing judicial incompetence. Even the judiciary is showing resistance to reforms, especially the lower rungs where many cases of nepotism, corruption and favoritism have come up. Furthermore how would delayed judicial reforms and maintaining status quo help the politicians in 'saving themselves'?
    You are right that its not the only reason. However, i feel that there is lack of political will. Only check on politician is judiciary otherwise they are free like kings. Resitance to lokpal and not filling position of lokpal reflect that politicians don't want any check on themself. 30% MP has cases against them, lot of them don't want reform and happy with slow proceedings.
  • @Himalaya Singh
    Hmm...I agree but I think it's more to do with anti-corruption reforms and electoral reforms rather than judicial reforms. How can judiciary keep a check on politicians when the law is not stringent enough to deal with criminalization of politics. Radical intervention by the judiciary will be considered as judicial overeach.
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