Legal and Judicial System Issues – Inputs Required on Root Causes

Dear Friends:

Thank you for taking the time to share issues related to Legal and Judicial system of India.

These are some of the issues outlined by you:

1 The legal process is too long and Cases are dragged for years
2 Too many holidays for the court
3 A huge number of pending cases in the courts
4 There is a lot of corruption in the judiciary
5 Archaic laws which do not have any meaning now
6 Tremendous delays in delivery of justice due to a lethargic judicial system
7 The legal proceedings turn out to be very costly today
8 A lot of unhealthy tactics used by lawyers to delay cases
9 Loop holes are easily found in our existing legal system which is used by lawyers
10 Shortage of judges
11 Gram Adalat and Lok Adalat do not have enough powers
12 The legal curriculum is outdated
13 There is no limit to the adjournment of the cases
14 Most of the time, strict punishment is not given for grave crimes
15 Management of documents is not efficient
16 Filing an FIR is a difficult process
17 General public is afraid to go to the police

If there are some key issues missing, kindly post it as a comment to this post. Let us move forward and root cause these so we can figure out what is driving these issues in our Legal and Judicial system.

Once we know the Root Causes, we will start the Solutions discussion in a separate post.

Thank you again for your participation.

Rajendra Pratap Gupta
Bharatiya Janata Party more  

View all 398 comments Below 398 comments
..................................... Sreenivas would like to stay in touch on LinkedIn. Sreenivas Gangaraju Deputy general Manager Mining Engineering at M/S dangote cement industry cameroon Nigeria View profile https://www.linkedin.com/comm/in/sreenivas-gangaraju-9270ab24?trk=eml-guest-invite-pprofile-link-cta&trkEmail=eml-invite_guest-null-418-null-null-vdsqpw%7Ejh6gisid%7Erb-null-neptune%2Fprofile%7Evanity%2Eview&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BcUL3%2B4BzTpqGtOoDRMt4MA%3D%3D Confirm that you know Sreenivas https://www.linkedin.com/comm/start/accept-invitation?sharedKey=PdNH2yn4&invitationId=6401823922958012445&trk=eml-guest-invite-cta&trkEmail=eml-invite_guest-null-416-null-null-vdsqpw%7Ejh6gisid%7Erb-ssuw-start%7Esignup%7Ewarm&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BcUL3%2B4BzTpqGtOoDRMt4MA%3D%3D ..................................... Unsubscribe: https://www.linkedin.com/e/v2?e=vdsqpw-jh6gisid-rb&t=lun&midToken=AQFmrFVhGEd36Q&ek=invite_guest&li=426&m=unsub&ts=unsub&loid=AQEx9RBWv_bkywAAAWNfdiIWQpgcRROC759E2Qfg_5cbQicaAqF2ikecjzI2llDuVSadW6FGRe9qLNR2FcnzON1pI8ddnEKuJxVg-hQAWjd-NuVTUtwb3UtvBK9Q6DqFYzWC2HDwI7f10bMlf10mvx330LZqFEevNw&eid=vdsqpw-jh6gisid-rb Help: https://www.linkedin.com/e/v2?e=vdsqpw-jh6gisid-rb&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BcUL3%2B4BzTpqGtOoDRMt4MA%3D%3D&a=customerServiceUrl&ek=invite_guest&li=425&m=footer&ts=help&articleId=67 You are receiving Invitation emails. LinkedIn will use your email address to make suggestions to our members in features like People You May Know. This email was sent to www.send_newpost++lkiytrfdaemq++iymqvvgxmqlk@localcirclesmail.com. © 2018 LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2. LinkedIn is a registered business name of LinkedIn Ireland Unlimited Company. LinkedIn and the LinkedIn logo are registered trademarks of LinkedIn. more  
No point in taking such feedbacks, when no follow up is made more  
I find that this issue is being taken up again after it was taken up at the beginning of the tenure of this BJP Government but has not resulted in any improvement in the functioning of the Judiciary. In fact the present Government has wasted last four years on fighting with Higher Judiciary over its power to appoint judges rather than spending resourcing on improving the judicial system. The main rot lies in the lower courts, which do not have proper physical infrastructure including clean toilets. It is reflects partial failure of "Swatch Bharat Abhiyan" as one the arm functioning under the constitution has not implemented it. Major reform which is the need of the hour is to improve the quality of legal education with a common final exams to be taken by all law graduates, which would enable then to practice in the courts. Similarly, we need a common test for appointment of lower judiciary. Test could either be conducted by UPSC or any agency entrusted with the task with the approval of the Supreme Court. The candidate clearing the examination can be considered for appointment of Judges in the lower courts by the respective High Courts. The pay scale of the Judges so appointed should be at par with IAS as they not only adjudicated disputes between the individuals but Individuals and the State also. The Judges so appointed are be given a career path for appointment as Judges of the High Court and Supreme Court. This Government has failed to prescribe a litigation policy and enforce it properly. Merely, framing the policy in the present state of anarchy in the Government Departments is not enough. There has to be proper audit of the cases being filed by the Government Department and Agencies in the various Courts. The Government Lawyers are hand in glove with the Government functionaries as they are political appointees and earn their fees through cases filed by the Government. Let the Government order an audit of all the cases filed by the Government Departments during its tenure starting with 01/04/2015 to ascertain to what extent frivolous cases have been filed by the Government. Suitable disciplinary action should be taken against officers for flouting the guidelines. All such cases should be withdrawn and cost incurred be recovered from the erring officials. The present Government by BJP on account of its lack of experience in running administration at Central Government level has been relying heavily on the Officials and have been soft on them and not taking any action even when instances of Violation of Fundamental Rights of a citizen are brought to the notice of the Government. more  
The person who is supposed to follow the LAW, is not following it by himself. It is very easy to identify a person as culprit who doesnt know and follow the law. when a person who knows the law and breaks the law to do a crime, cannot be done anything. only these people continue to do wrong tings, and also involve others to do crime. they r the evil to the society. eradicate these people. If a person who is well knowledged on his department and does a crime, should be punished severely without any delay. If a crime is done, and a cuplrit is identified or suspected, he should be questioned whether he has done this crime. if he says false statement, after proving that he is a suspect and culprit, he should be given severe punishment for giving false statement and also for wasting others time and money... next time everyone will fear to tell lies. First and foremost lawyers should be taught to be moral and lead a moral life, only then the law can be maintained. If a lawyer runs a gang life U cannot expect a moral law from him. everyone should know the law, but the lawyer and the court judge should be a good person to provide and maintain a good law in the society. Police persons should also lead a moral life, only then U can expect a good society in India... Atleast teach moral lesson and bagavad gita to lawyers and policemen after getting their job. more  
..................................... SATISH CHANDRA would like to stay in touch on LinkedIn. SATISH CHANDRA JHA MANAGER CONSULTANCY SERVICES - PROJECT CONSULTANCY at TALENT HUNTER CONSULTANTS New Delhi Area, India View profile https://www.linkedin.com/comm/in/satish-chandra-jha-9481b824?trk=eml-guest-invite-pprofile-link-cta&trkEmail=eml-invite_guest-null-418-null-null-ph985b%7Ejg29d1dh%7E16-null-neptune%2Fprofile%7Evanity%2Eview&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BN5fCZ3RMRy%2BA8%2Bp40kyvcg%3D%3D Confirm that you know SATISH CHANDRA https://www.linkedin.com/comm/start/accept-invitation?sharedKey=Uj58S4Kf&invitationId=6207439709665353752&trk=eml-guest-invite-cta&trkEmail=eml-invite_guest-null-416-null-null-ph985b%7Ejg29d1dh%7E16-ssuw-start%7Esignup%7Ewarm&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BN5fCZ3RMRy%2BA8%2Bp40kyvcg%3D%3D ..................................... Unsubscribe: https://www.linkedin.com/e/v2?e=ph985b-jg29d1dh-16&t=lun&midToken=AQFmrFVhGEd36Q&ek=invite_guest&li=426&m=unsub&ts=unsub&loid=AQH4yqWWylmg6wAAAWLOlQlssiO3D17HsfD1AkfYes7bIQUBfZ_LFyUEa9gtw8NOvFX3RT9yKdFzf8uEcNM8lKx-_xApIaCxueTVclod0F3vkIm6LflzOoI80yjZk8mHXoEVprKRtj6ZxU332OQdb99tdC5D9MOokg&eid=ph985b-jg29d1dh-16 Help: https://www.linkedin.com/e/v2?e=ph985b-jg29d1dh-16&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BN5fCZ3RMRy%2BA8%2Bp40kyvcg%3D%3D&a=customerServiceUrl&ek=invite_guest&li=425&m=footer&ts=help&articleId=67 You are receiving Invitation emails. LinkedIn will use your email address to make suggestions to our members in features like People You May Know. This email was sent to www.send_newpost++lkiytrfdaemq++trvvfdlkaeqs@localcirclesmail.com. © 2018 LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2. LinkedIn is a registered business name of LinkedIn Ireland Unlimited Company. LinkedIn and the LinkedIn logo are registered trademarks of LinkedIn. more  
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