The document proposes a multifurcated federal justice system in India to address issues with delays and backlogs in the current system. Key aspects of the proposed system include establishing 25 specialized tribunals at the district court level, significantly increasing the number of judges, implementing an online case registration system, limiting adjournments, and creating an advisory council to screen civil suits appealed to the Supreme Court. The proposal estimates it could be implemented within 5 years at an initial cost of 0.3% of India's annual GDP and subsequent annual expenditure of 0.6% of GDP, creating over 700,000 new judicial system jobs. The system aims to enhance the quality, speed, and transparency of justice delivery across India.
1. Ensuring Expeditious and Timely Justice for All
Multifurcated Federal Justice System
An Innovative Approach to Restore Faith in the Country’s Judicial Process
Gunjan Saxena | Ayushi Srivastava | Gunjan Jain | Lokesh Mahajan | Suvid Chaturvedi
Damodaram Sanjivayya National Law University, Visakhapatnam
Vanhi
2. Indian Judiciary is considered to be one of the most powerful Judiciaries in
the World; However, the average time taken for a lawsuit to complete in
India is an astonishing 15 Years!
Supporting Fact A: Currently, India has 14 judges
per million people as compared to 150 judges in
the US, 75 in Canada and 51 in Britain.
Supporting Fact B: The current number of cases
pending in India counts up to 31.28 million, and
are estimated to be disposed of in the next 320
years with this rate!
Supporting Fact C: Out of 67964 cases per
month which are put up for hearing in the
Hon’ble Supreme Court, only 29716 cases are
heard, which means that 38248 cases are left
unheard despite being listed for hearing in a
particular month!
• India faces a big crunch in the number of
judges per million residents.
Justice Delivery System lags behind due to increased burden
on a single judge.
• The number of cases pending at different
courts in India is further adding to the problem.
A great number of cases go unnoticed in the courts despite of
being listed for hearing. This adds to the already existent
plethora of backlogs and erodes peoples’ faith in the justice
delivery system.
3. A Multifurcated Federal Justice System can be an Innovative Approach
Towards Countering the Glitches of the Current System.
Online Suit
Registration System and
Offline Suit Registration Kiosks.
Latter also includes a Channelization Node
which will direct the cases to 8 basic
chapters comprising of 25 specialized
tribunals in which the District Courts will
now stand Multifurcated.
The District Court Complex
The
Environment &
Space Related
Chapter
The
Arms &
Ammunitions
Chapter
The High Court Complex
THE SUPREME COURT
The Advisory Council
Writes Recommendations on
Civil Law Suits before being
tabled at the Supreme Court.
Every Civil Law Suit to pass
through the council before
being heard at the Supreme
Court. The Writ & Public Interest Litigation Chapter
4. Each Chapter Includes Various Tribunals which Deal with the Law suits in their
Areas of Specialization.
The Human Rights Chapter
• Juvenile Justice Tribunal
• Women Welfare Tribunal
• The Family Court Tribunal
• SC, STs Atrocities Prevention Tribunal
• The Consumer Forum
The Trade & Mercantile Chapter
• Excise Matters Tribunal
• Taxation Tribunal
• Labor Law Tribunal
• Intellectual Property Rights Tribunal
• Trusts and Equity Tribunal
• Proprietary & Partnership Law Tribunal
• Mercantile Law Tribunal
The Sports Law Chapter
Environment & Space Laws Chapter
• Maritime Laws Tribunal
• Air & Space Laws Tribunal
• Green Tribunal
The Economic Chapter
• Money Suits Tribunal
• Banking Law Tribunal
• Bankruptcy Law Tribunal
• Insurance Laws Tribunal
• Administrative Matters Tribunal
• Corporate Tribunal
The Chapter for Law in
Medicine
The Chapter for Writ Petitions
(For High Courts & Supreme
Courts Only)
The Chapter for Arms and
Ammunition
The Chapter for Cyber &
Technology Laws
5. The New System Operates without Hassles and Delivers Justice at the Doorstep of Every
Citizen.
DisposalAppealHearingChannelizationRegistration
Online Registration System & Offline Registration Kiosks
• Cases can be directly registered through the online portal within
minutes and appointment for channelization and Hearing Date
Allotment can be obtained.
• Alternatively, one can also visit any of the Kiosks installed in each
district to manually get the case registered and summon to the
respondent sent.
• Lawyer to be registered by the Petitioner with the case itself.
• Knowledge about the legalities of the case can be obtained
through the KYL (Know your Law) instituted with the Offline Case
Registration Kiosks itself.
Computerized Channelization Node
• Instituted with the Offline Suit Registration Kiosk itself.
• Registered Suits will automatically be directed to the
respective Law tribunal based on the relevance of
corresponding legalities of the Suit.
• Date of hearing (first & subsequent) will be allotted through a
computerized process programmed to optimize the speed of
dispute redressal.
• Judge or bench (as the case may be) will also be allotted to
the Suit upon Registration and the Judge will be informed
about the same.
6. DisposalAppealHearingChannelizationRegistration
After Registration and Channelization, the case goes for its first
hearing in one of the 25 Tribunals specially instituted to deliver
Quality Justice to All at a Much Faster Rate
The Court of Trial
• The Court of Trial then hears the case on the question
of Fact.
• Smaller benches preferred so that the cases can be
disposed of quickly.
• The Lawyer can not take more than 8 Adjournments at
these courts. Every extra Adjournment to be recorded
in the lawyers’ Career Record (CR).
The Court of Appeal
• Upon further appeal on the Trial Court’s Decision, The Court of Appeal then
examines the case on the question of law.
• Every High Court is divided into 9 Chapters which is further divided into 26
Tribunals (Including Writ Tribunal).
• The Lawyer can not take more than 8 Adjournments at these courts. Every
extra Adjournment to be recorded in the lawyers’ Career Record (CR).
• Granted the status of Semi- Binding Court in the Civil Suits. All Civil Suits
examined by the Advisory Council before being tabled at the Supreme
Court.
7. Due to the enhanced quality of Justice Delivery at the Lower Levels, the Number of Suits
Tabled at the Supreme Court comes down Considerably; Additionally, an Advisory Council
to be Set up to screen the Suits coming from the Courts of Appeal.
DisposalAppealHearingChannelizationRegistration
The Advisory Council
• An Advisory Council is proposed to be set up between The Courts of
Appeal and The Supreme Court.
• The Advisory council will screen all the civil suits in which an appeal is
made for hearing at the Supreme Court.
• The Council to recommend the feasibility of the suit to be heard at the
Supreme Court within 7 days of an Appeal Petition. The Recommendation
to be recorded by the Council on the Lawsuit file itself.
• Incase of a negative recommendation, the petitioner has to cite a suitable
reason for Overruling the recommendation of the Council incase he/she
still decides to take the case to the Apex Court.
The Supreme Court
• The Supreme Court to continue as the apex Court of Law in the country.
• Allowed to have Ultimate Jurisdiction in all cases of Civil and Criminal Origin.
• Incase of receiving a Negative recommendation from the Advisory Council (Civil
Suits), the Court to preferably direct the parties to go for Arbitration, Conciliation or
Out- of- Court settlement.
• Incase of receiving a Positive recommendation from the Advisory Council (Civil
Suits), the Court to deliver a One- Shot verdict, i.e., to deliver the verdict on the same
date.
• Lawyers not allowed to take more than six (06) Adjournments at this stage. Every
extra adjournment taken gets recorded in the Career Record (CR) of the Lawyer.
8. The New System can be Implemented with a much greater ease using almost all the
existing Infrastructure and a very feasible budget.
Recruitment Budget Target & Implementation
Know Your Law (KYL) Centers
• KYL Officers : 08 per Center (To be Recruited
through Written Examination & Interviews; Law
Graduates Eligible)
• KYL Clerks: 02 per Center ( To be Recruited
through Interviews; Simple Graduates Eligible)
• KYL Peons: 04 per Center ( To be Recruited
through Interviews; Higher Secondary School
Passed people Eligible)
High Courts (HC)
• Approximately 24000 more High Court Judges
proposed to be appointed. (Through Traditional
Selection Process Only).
• 03 Judicial Clerks per High Court Judge proposed
to be appointed, which counts up to a total of
Approximately 1,00,000 new job openings
• 01 Stenographer per High Court Judge proposed to
be appointed, which counts up to 35000 total job
openings.
• 03 peons per HC Judge also proposed, counting up
to 1,00,000 new job openings.
Advisory Council (AC)
• Board of Governors: 10 (Ten)- To be appointed from
within the outgoing judges of the HC & SC; Age limit to
be 70 years to serve in the AC.
• Council of Advisors: 100 - To be appointed from the IJS
(Indian Judicial Services) Cadre Officers Pool.
• AC Clerks: 50- To be appointed through Interviews
( Simple Graduates Eligible)
• Peons: 100 - To be appointed through Interviews (Senior
Secondary School passed Candidates eligible)
Recruitments at the Supreme Court
Remain As It Is.
Offline Suit Registration Kiosks (OSRK)
• OSRK Clerks: 10 per Center ( To be Recruited
through Interviews; Simple Graduates Eligible)
• OSRK Peons : 10 Per Center (To be Recruited
through Interviews; Higher Secondary School
Passed people Eligible)
District Courts (DC)
• Approximately 35000 more District Judges and ADJs
proposed to be appointed. (Through Traditional
Selection Process Only).
• 03 Judicial Clerks per District Judge and ADJ
proposed to be appointed, which counts up to a
total of Approximately 1,00,000 new job openings
• 01 Stenographer per District Judge and ADJ
proposed to be appointed, which counts up to 35000
total job openings.
• 03 peons per DJ & ADJ also proposed, counting up to
1,00,000 new job openings.
9. The New Concept uses just 0.3 percent of annual GDP of India as a One Time Investment
and 0.6 percent of Annual GDP of India as subsequent Annual Expenditure, Making it a
simplistic and economical model of Justice for All.
Recruitments Budget Target & Implementation
Entity Expenditure Number of Employments Total
I. New Judges – District Judges
- High Court Judges
Rs. 7.2 l.p.a.
Rs. 10.8 l.p.a.
35000
24000
Rs. 252 Crores
Rs. 260 Crores
II. KYL Officers Rs. 3.6 l.p.a. 48000 Rs. 173 Crores
III. Clerks Rs. 2.4 l.p.a. 2,75,000 Rs. 660 Crores
IV. Stenographers Rs. 3.6 l.p.a. 70000 Rs. 252 Crores
V. Peons Rs. 1.2 l.p.a. 2,25,000 Rs. 270 Crores
VI. Outsourcing for Online Suit
Monitoring, Registration and
Channelization System
Rs. 1000 Cr.p.a. (Estimated) 01 Rs. 1000 Crores
VII. New Complexes for
Combined faculties of KYL &
OSRK Centers
Rs. 50 Lakhs 6000 Rs. 3000 Crores
VIII. Annual Maintenance of KYL
& OSRK Centers
Rs. 40 Lakhs 6000 Rs. 2400 Crores
Total One Time Installation Budget = Rs. 4000 Crores Total Annual Expenditure = Rs. 8300 Crores
10. The Concept can be Easily Implemented at all levels and the System can start
functioning with all force in the next 05 years.
Recruitments Budget Target & Implementation
Budget Allocation
Material
Procurement &
Installation
Recruitments and
Training
Functioning Starts
The system based upon the concept can be
put to function in as less as 05 years.
Mass machine procurement and high amount
of digitalization will cut short the process of
implementation by a large extent.
Process implementation can be outsourced
by appointing some big player in the Indian
Consultancy Market.
Advertisement through the means of Mass
Communication can be made for employing
Skilled Lower Class Professionals.
11. The New Concept provides an edge over the existent practices in innovation,
practicality, transparency and increases people’s participation in the Legal Scene
of the Country.
The New System Multifurcates the District and High
Courts into 25 specialized tribunals which is a single
excellent solution to many of the Indian Judicial
Problems.
It dramatically increases the number of judges and
brings down the Judges to People ratio impressively.
It also creates 700000 new opportunities in the Judicial
Sector which will wash away its branding of being a
profession of a select few.
It also makes justice delivery surprisingly fast and the
Quality of decisions is also enhanced.
It also strives to make law a field of specialization
which will show its effects in the years to come, by
students preferring to specialize in a particular field of
law and the lawyers following them as well.
When cases are handled by varied Court Tribunals, a
clear comparative analysis of the speed of justice
delivery and Quality of Judgments delivered between
these tribunals can be easily made, which will help in
indicating the direction for further Improvements,
The old system lacks in specializing and sorting
of cases, as a result of which the burden of
delivering justice in a huge number of cases
comes down upon a very meagre number of
Judges and the process becomes slow, also
decreasing the quality of judgments.
12. The New Concept improvises Technology with Innovation, Practicality and Logic at
every level to ensure that the Suit gets the Best Treatment.
The old system depends on an age old case registration and
tracking system which is a real pain to face.
In the present day system, the Lawyers tend to increase the time
taken for justice delivery by taking continuous adjournments
without any fear of after effects.
In the present day system, The Supreme Court experiences a
great backlog of undecided cases and almost every suit
reaching the High Court also reaches the Supreme Court for re
appeal.
• In the new system, reliance is on digitalization of all the
case registration process and its monitoring. This will
solve many problems including the eating of money by
notaries and agents in registration itself, cases being
stalled due to wrong jurisdiction, and judges being
absent from the hearing continuously for long intervals.
• The new system limits the number of adjournments taken
to 08 in District and High Courts and 06 in the Supreme
Court, and also provides for maintaining a Career Record
(CR) for the lawyers to keep a record of every extra
adjournment taken by them and also the tally of their
won and lost cases. (CR to be managed by the BCI)
• The new system uses a very innovative concept of
Sandwiching an Advisory Council between the High
Courts and the Supreme Court. All Civil Suits going to
Supreme Court for re appeal have to pass through the
council for screening where the council gives a written
recommendation over the suit file itself and all appellants
going for re appeal in spite of a Negative
Recommendation have to cite a proper and convincing
reason to be tabled at the Supreme Court.
13. The Concept Faces Key Economical and Feasibility Risks.
The present share of GDP which Judiciary shares is
0.4% currently.
Lack of specialization & educational
qualifications in present Judicial System will
hinder the instant Implementation of this model.
Presently appointed Judicial Officers lack
specialization required as per the proposed
model.
Total Share of GDP allocated can be raised to as
much as 1.5%, making us stand in comparison
with the US (1.5%) and the UK (4.5%)
Always, small steps make a big difference, hence
the need of the hour is to start today and move
swiftly towards a better tomorrow.
Special trainings in the Judicial Academies to train
Judges in their fields of specialization can be
conducted; thus the number of Judicial
Academies can be raised accordingly.
14. Appendix
Better Judiciary. Better Tomorrow.
Vanhi
• Public Information Bureau | pib.nic.in/newsite/erelease.aspx
• Trading Economics | trading economics.com/india/gdp-growth-annual/
• Business Standard | business-standard.com/articles/opinion/m-j-antony-judiciary-on-a-shoestring.html
• Supreme Court of India | supremecourtofindia.nic.in/pendingstat.htm
• Indian Express | indianexpress.com/news/judges-salary/
• India Budget | indiabudget.nic.in/glance.aspx