JUDICIAL REFORMS IN INDIAN CONTEXT----1

Hi Friends, I am venturing to write on a very sensitive issue. My intention is to make my mind clear on the subject.

1 Judiciary is bogged down with unmanageable number of Cases. Clients do not get speedy justice. Justice delayed is justice denied. In this situation, Lawyers some may be happy and most I am sure are unhappy. Has the system failed or showing signs of failure? Clients are the most affected. Indian Judiciary follows western system, which perhaps is well recognised system in the world to-day.In olden days, India had a perfect judicial management. The judges were above suspicion. The so called Police of those days were equally so. The witnesses were highly reliable and the punishment for false witness was very severe. They used to take the whole issue and settle the case once and for all. But in our present system, if Ten issues are involved one or two issues are addressed and the rest are left to be started afresh from gross route level. So cases between the same parties prolong not for years but for many decades. I do not know if any case has reached a Century mark.

2. Our present day LAWS, God forbid, leave more doubts than it clears. It gives lot of scope to decide which side lawyer is more intelligent than securing justice to the litigant Public. There are lots of ambiguities in the laws encted. To cite, one or two examples, The law making Cheque bouncing an ofence, has only four or five sentences. The KVOA act has only four important sections calling for decision. Alas, my God, our Lawyers and Judges, have made so many learned arguments and interpretations, and it runs to thousands of pages. Is the Act so loosely worded or does it really call for such differring interpretations. I feel Whenever, a New Law is enacted, Judiciary must study, say, for one Year, and a system must be created in Judiciary, to seek clarifications, amendments, changes, from Law Makers about what exactly is the intention of the Law Makers, rather than each Judge interpreting the provisions in his own way to the best of or worst of his judgment and creating a precedence. When there is some doubt or ambiguity and scope for misinterpretation, the Law makers shoud clarify, by the required mendment.

3. How to over Come judicial delay is a big Question. Many Big heads have worked on it and will work also. Unfortunately, the result so far is big Zero. One of our Law Ministers, wanted to introduce some radical changes, Our great law upholders, fought in streets like, What? my English fails. Present Law Minister is giving a serious thought to bring in some changes ti expedite cases. How far he will succede, time alone should tell. May God help him in his endeavours.

4. So, we have to think in terms of not seeking great changes to existing framework, and think of some solutions with in the existing environment. Still some chnages are very essential. A few thoughts occur to me. No doubt, to clear the backlog in LOWER COURTS, is for the present appears to be an impossible Task. I do not feel that there is grea difficulty in expediting matters at the higher Judiciary. It will cleanse the system at the lower level also to some extent if implemented. I do not understand why there should be so much delay in High Courts and Supreme Court. What is the difficulty in increasing the number of Judges?. Put as many number of Judges as are needed to complete the case, say within one year of the Appeal, Criminal or Civil. Do we lack talent? Are short of men? Are we short of space? For lack of space, till such time new construction comes up, Judiaciary may work two shifts. Lawyers seek adjournmnets?, Give one or two days adjournment at the most a week. You cannot antagonise Advocates, they are the backbone of the system. Exchequer cannot afford? When you can afford to increase the number of Ministers, or the Perks of Law Makers, why not give some extra budget to judiciary and help it also. Please, for heavens sake go an extra mile? If the Heaven falls? No it will not fall. Our Country has faced, famines, Wars, Tsunami's successfully. How much we are spending to fight Terrorism? Constitutional Problems? Amend it, you have done it so many times. People are holding up Papers and making appointment of judges quickly is not that easy?. Hold any person holding up papers for more than a week responsible, how so ever Big or small he may be. Keep a list of 10% of judges ready for posting, before a vaancy arises. Avoid procrastination and delay. There is a rift between Judiciary and Legislature? Arrange for PRAYERS in all TEMPLES, MOSQUES, AND CHURCHES. The House is on fire. WE CANNOT AFFORD SLEEP ANY LONGER. Awake, Arise!

5. I enter another more serious, sensitive, controversial arena. Pardon me. That is closing Courts for vacations. My knowledge about what prevails in other Major Countries, is limited. I want, those who know to throw light on the Subject. The giving of Holidays, Summer, Winter, Christmas or Dusserah is, I feel,a legacy of the past colonial rule. I am one hundred percent for the Judges, I am not against their enjoying their leave. Thir work is too straineous. I am for more and more holidays for every body, because it creates more employment more so for Judges. Vacations and long holidays must be done away with in the interest of speedy and timely justice. Let the courts work as many days as a BANK works at least. Let the Judges be compensated by adding to their leave account the days lost due to abolition of Holidays and if necessary some extra compensation for loss of a long standing privilege. Whether they use the leave or encash it,let it be left to their choice. I am sure my lawyer friends will welcome this, because, it ensures that there is no holiday for their purse.

6. Another feature I noticed especially at lower courts is the loss of precious time of judges. The judges themselves call every case listed for the day and mostly grant adjournments either suo-motto or at the request of either of parties which takes away more than thirty to fifty percent of the their precious time. Not even ten percent of the cases are heard. judge's time is extremely precious especially in the present day context. Cannot these trivial matters, like granting adjurnmentsm clearing some un important IA,s, be delegated to the Office Managers, with clear guidelines, which can be decided and notified in the web, a week in advance, before the hearing date so that the unnecessary trip to the court by advocates and litigants is AVOIDED. Waste of Nations precious time and money. judges can use the court time from beginning to end to decide the cases which have frutioned for a decision. Excuses like, there is no Typst, Steno,Bench Clerk must be totally avoided with full co-operation from Executive.

7. I now throw open the matter for opinions, discussions, suggestions and arguments, far & against. More in next blogs.

8. Yours sincerely, CSP RAO, a litigant, who is made to spend his over four precious decades in courts though he has not filed a single case against anybody but dragged by others to the court.