The document discusses the problems facing the Indian judiciary, including a huge backlog of over 3 crore pending cases, outdated laws and procedures, and a lack of adequate judicial infrastructure and resources. It analyzes several specific causes of delay in justice, such as the large number of pending trials, outdated judicial procedures, insufficient courts and infrastructure, frequent transfers of judicial officers during trials, the investigation agency also acting as the crime prevention agency, and inadequate government funding of the judiciary. It proposes solutions like amending laws and procedures, increasing the number of courts and judges, assigning each case to the same judge, establishing separate investigation agencies, and increasing the government budget for the judiciary. Overall, the document argues that if the government
1. Manthan topic: Citizens appeal:
Ensuring expeditious and timely justice to all
Presentation name: One day ensured justice is like pressing the enter key.
Team
1. Shubham Kaushik,
2. Prabal Pratap Singh,
3. Vivek Kumar,
4. chirag Yadav,
5. Abhishek Singh
2. Scope of the Indian Judiciary:
Importance of judiciary is very important in any democracy. In our country where
our courts delivering most prominent judgments that has improved the conditions
of life for a number of groups and individuals; on the other side Indian judiciary
today facing impediments like huge amount of delay and pendency of cases,
inappropriate judges- population ratio, lack of infrastructure, lack of funds,
procedural pitfalls etc.
In the present time population and number of writs are increasing day by day. Over
3 crore cases are pending in various courts across the country( according to Law
Minister Ashwani Kumar on date: Mar 7, 2013)but our some acts, rules and
regulations are still old ( approx. 100 years) like Code of Civil Procedure of 1908,
Code of Criminal Procedure of 1973 etc. These acts, rules and regulations are not
properly working at present time like (according to 18th
Law Commission
report)Amendment of section 80 and Order V of CPC andalso the concerned
Court’s Rules - In order to shorten delay, it is necessary that provisions parallel to
section 80 CPC be introduced for all kinds of civil suits and cases proposed to be
filed by a litigant etc so these acts, rules, regulation and procedures should be
amended.
Lack of Adequate Number of Courts, Infrastructure and also vacant seats of
judicial officers in various high courts and supreme courts of India. According Law
Minister Mr. Ashwanikumar, Over three crore cases are pending in various courts
across the country and this "unacceptable level" can be reduced by appointment of
more judges and modernization. According to the 19th
Law Commision had
proposed the creation of additional courts and benches to expedite justice.
Today, our courts are mired in delay, bogged down with numbers of cases.
Lawsuits often take years, cost hundreds of thousands of rupees, drain us
psychologically and produce outcomes that no one can predict. Day by day, with
each legal experience, people are losing confidence in our system's ability to
deliver justice.
3. .Causes:
There are many causes for Delay in justice to all. Some of following are given
below
1. Huge amount of delay on trials and
number of pending cases
2. Lack of judicial procedures
according to the present position.
3. Lack of Adequate Number of
Courts, Infrastructure
4. Unnecessary transfer of judicial
officer during trial of a case
5. Investigation agency and crime
preventive agency are same
6. Lack of adequate importance given
by the Government reflected in poor
budgetary support
7.Unnecessary lengthy Arguments
7. Other causes
(a) Illiteracy of the people
(b)Fake or falsely or malicious
writs only for harass the person
I read some lines in a book. According to those lines “Time is the enemy. Time is
money and frustration that blunts the moral imperative of any court
attempting to dispense justice. The old saying, "Justice delayed is justice
denied," is more than an axiomatic statement. It has a deep and abiding
meaning for our civilization.”
4. Reason for selecting specific causes:
1. Huge amount of delay on trials
and number of pending cases
2. Lack of judicial procedures
according to the present position
According to our Law
Minister Mr. Ashwani kumar,”
more than 3 crore cases are
pending in our various courts
of india.
If we want to clear only these
cases then we have to spend
approx. 20 years to clear these
cases.
Many old cases are still
waiting for their trial.
We have almost 100 years old
acts, rules, regulation and
procedures. Some provisions
of this are the possible cause
of delay.
C.P.C and Cr.P.C wants
sudden amendments for the
speedy justice to all.
Solution Solution
Judicial officers should make
interest in disposal of cases.
For the number of old pending
cases court should be open on
Sunday also for trial of these cases.
Make alternate of Section 80 of
CPC for all cases for decrease the
delay.
Amend those provisions which
promote the delay of the justice
like investigation of the cases
should have been furnished in 30
or 60 days. Unnecessary delay give
advantage to the accused for
applies the bail.
5. Reason for selecting specific causes and with their:
Solution Solution
Firstly fill the vacant seat of
judicial officer.
Make new courts on the places
where the court is needed.
Make courts and benches
according to the number of
cases and the population of the
place.
same judge be assigned each
case, from beginning to end.
Judges who follow a case to its
conclusion would be able to
learn much more about
litigants' motives.
•Expand the role of Expand the
role of magistrates
3. Lack of Adequate Number of
Courts, Infrastructure
4. Unnecessary transfer of judicial
officer during trial of a case
Many seats are still vacant
in different courts of India.
That’s why judges also
have the pressure of work.
India has only 14 judges
per 10 lakh person.
People suffer with the
problem of long journey,
unnecessary expenses in
another city because lack
of adequate number of
courts, infrastructure.
Many time Law
Commission recommended
the government for the
creation of additional
courts and benches.
This problem is very is
very important Because of
this many cases are still
pending.
Because of the transfer of
the judicial officer during
trial wastes so much
precious time to court.
Also the cause of an
increased cost of litigation
6. Reason for selecting specific causes:
Solution Solution
Creation of separate
investigation agency for all
cases.
There should be not so much
contact with crime prevention
agency.
Create time limit for submit the
report.
Government should have to
increase the budget for
judiciary because weak
judiciary means strongness of
crime.
Government has to remember
about judiciary when making
any policy and budget.
5. Investigation agency and crime
preventive agency are same
6. Lack of adequate importance
given by the Government
reflected in poor budgetary
support
Our investigation and crime
prevention agencies are same.
Due to this our police have so
much pressure of work and they
submit the investigation so late.
There must be a possibility of
corruption because they are the
makers of F.I.R and they
investigate also.
Our government spends less than
1% of its plan expenditure on the
judiciary.
Countries like U.K and U.S
spends many times more than our
country on the judiciary.
Courts are provided only with
budgetary allocation for the payment of
salaries of staff members of the courts
and for day to- day expenses for
running the courts.
7. Reason for selecting specific causes:
7. Unnecessary lengthy arguments 8. Other causes
Unnecessary lengthy arguments
should be stopped in the judiciary.
Unnecessary arguments waste the
precious time of the judiciary.
Illiteracy of the people.
Fake or falsely or malicious
writs only for harass the
person
Solution Solution
Have to reduce streamline pretrial
paperwork, eliminating the endless
exchange of written bills and
motion.
Require litigants to attend their pre-
trial procedures. the courts were
meant for ordinary people; plaintiff
and defendant must be made to feel
that justice is in their hands, too (
only in some cases means which not
affect the public in large)
Require plaintiffs to pay
expenses if an appeal is lost.
Everyone deserves a fair trial,
but if a plaintiff loses a case
and appeals, then he or she
should pay the defendant's
expenses accrued beyond the
trial. Under this procedure, a
malicious plaintiff could no
longer prolong a suit without
personal risk.
Government has to give greed
to the literate people of any
age like some advantages in
rashan card and other
facilities.
8. We know that there are many problems with our judiciary but if
our government wants to solve this issue they can clear it very
quickly and no doubt one day Indian judiciary will make a role
model for other countries.
Beyond any doubt these solutions can improve our judiciary and
we citizens of India can ensure expeditious and timely justice.
Best summarized, this is how the system operates:
“If the Judiciary is the guardian of the rights of the people, the
organized Bar and its lawyers are the foot soldiers. The legal
professional and the private bar bear a large share of the burden...”
(Robert J. Grey Jr, in Access to the Courts, Equal Justice to All, US Dept
of State, Aug 2004)
9. .
APPENDIX:
References
The Time for Justice- Anthony V. Curto
“Dispensing Administrative Justice More Efficiently” By: Judge
Brian O’Ferrall
Keynote Address by Mohamed Chande Othman, Chief Justice
on the occasion of the Annual Conference of the Tanganyika
Law Society, 17 February 2012, Arusha, Tanzania.
LAW AND JUSTICE : A LOOK AT THE ROLE AND
PERFORMANCE OF INDIAN JUDICIARY by PROF. N.R.
MADHAVA MENON
LAW COMMISSION OF INDIA (REPORT NO. 221)
NATIONAL MISSION FOR DELIVERY OF JUSTICE AND
LEGAL REFORM “Towards Timely Delivery of Justice to All”