JUDICIAL REFORMS:
FOR SPEEDY JUSTICE
1.fast disbursing of cases madras hc justice(frontline article),
2. evening court in Gujarat, mobile courts, various tribunals(CAT, river water dispute tribunals),
3.constitutional bench, regional benches of supreme court,
4.increasing the number of judges of supreme court by amending the constitution,( there r 13 judges per million population , it should increase 5 times)
5. dealing with vexatious, non public spirited PILs(recent khushboo case verdict),
6.reversing the trend of ‘’decline of parliament’’ n ‘’lethargic bureaucracy’’n thereby decline of judicial activism.,(recent SC erdict that court will noty entertain policy related litigations)
7.special courts for commercial cases,
8.special courts to try against cases related to SC , ST .
9., armed forces tribunal considering huge backlog of cases.
10.SC recommended judicial impact assessment be done whenever law is introduced in parliament.
11..e court in Gujarat .’
12. green benches wont be adjourned any more: CJI
13. The Centre was launching a scheme on August 20, the birth anniversary of Rajiv Gandhi, to identify and support 10 bright first-generation lawyers from munsif and magistrate courts and train them in the best legal academic institutions,. When the scheme got going, over 10,000 people would get special training every year,
14. 14 law universities would be opened in addition to the 14 which are already functioning.
15.Five institutions of research would be started with an aim to provide quality faculty to the law colleges.
Thus,
The backlog can be removed only by taking steps to enhance competency, increase the number of judges and improve infrastructure, they opine. Avoidance of frivolous litigation, full utilisation of court working hours, applying judiciously the practice of adjournments, ending court boycotts and the adoption of alternative dispute redress mechanisms can ensure speedy delivery of justice.
DEALING WITH CORRUPTION:
CONTEXT: cash at the door case of Kolcatta judge n rampant corruption at lower levels of judiciary
1. judges declaration of asset n liabilities bill 2009’’ seeks declaration of assets of judges without making them public if the bill is passed, HC n SC judges will enjoy immunity from public scrutiny, a privilege not even president or PM enjoys. Opposition resisted this provision of bill.
2. :NJC,national judiacial commission, cash at the door case of kalkata judge,
3.supreme court judge out of purview of RTI should be included
.
4.Judges Standards and Accountability Bill, which contains many measures to strengthen the functioning of the judiciary — including a much less cumbersome mechanism to deal with errant judges
No one with a tainted reputation can become a judge, once the Judicial Standards and Accountability Bill, 2010 comes into force:Union Minister for Law and Justice M. Veerappa Moily
people with “absolute merit, impeccable integrity and respect for inclusive justice” would be able to enter the judiciary once the Bill was passed.
OTHER MEASURES:
1.releasing Undertrials
Mr. Moily expressed satisfaction with the success of the drive to decrease pendency of cases, stating that as on August 31, over 2.25 lakh undertrials had been released.
2.Proposal that an all-India judicial service examination be started to draw bright young people into the judicial system.
3.the dichotomy in the retirement age of High Court and Supreme Court judges, 62 and 65, should be done away with.
THANK YOU.
some thing about National litigation policy to be unveiled also needs to be talked about ......as Govt is litigant in 2/3rd of the cases.
ReplyDeletealso the SC chief justice view are given below
The Hindu CITY, 01-Aug-2010, Page : 012
CJI: Statistical experts to crack arrears
Maintaining that there was a distinction between pendency and
arrears of cases, Chief Justice of India S.H. Kapadia indicated that he would soon appoint statistical experts to analyse
different aspects of arrears so that a solution could be found.
Presiding over the national seminar on judicial reforms organised here
by the Confederation of Indian Bar, Justice Kapadia said the arrears
of cases must be understood in the true sense. He asserted that
the current figure of three crore cases pending in various courts
could not be considered arrears. Pointing out that 62 per cent of the
cases were only one year old, he said: “There is a distinction between
pendency and arrears.”
The CJI said a special team of statistical officers would segregate cases
on three fronts by classifying them as
“sticky cases,”
“subverted cases” and
“process problem cases.”
He called for use of modern technology to overcome the problems
arising out of “process delay.”
Sticky cases were those which consumed considerable time,
while subverted cases would be identified as those in which one of the
parties tried to delay the proceedings and in the
last category the delay occurred because of delay in issuing notice, etc.
The CJI called for legislative, judicial and bar reforms saying that judicial
reforms alone would not work. “You can't have a chariot running on one
wheel.”
@anish
ReplyDeletegood addition anish...
@everyone
please come out with a list of expected questions in general studies...
good work.
ReplyDeletesonal pls come up with your views on flood management and control in the wake of recent floods in pak,china,india.thanks
ReplyDelete