Solutions to improve Legal/Judicial System
1. There is urgent need for a Systems Study at Sessions Court, High Court and Supreme Court by using Industrial Engineering techniques to identify problems and suggest suitable solutions.
2. The courts are getting involved more and more in governance by taking Administrative Decisions which should be taken by Bureaucrats both in Central and State Governments.
3. Matters like whether a Political Rally can be held on a particular ground should not be allowed in Courts and local authorities should take a decision to permit it.
4. Matters pertaining to Films and or Actors/Actresses are taken to court which should not happen. As such matters result in waste of time of the court.
5. There is urgent need to review the functioning of Judicial System based on British model which results in a very long delay in delivery of justice due to provision of Appeal to Higher Court. In order to speed up justice delivery system only one Appeal may be allowed in High Court in cases where death penalty is not awarded.
6. The good points of American Justice System may be incorporated in India after study.
7. In case of Writ Petition once the High Court gives interim relief the case is as good as over. Therefore instead of Interim Relief final orders should be passed instead of keeping the Writ Petition pending.
8. A Time limit in weeks should be specified for delivery of Final Order for various types of offences/crimes.
9. System of Video Recording of statements of witnesses by Solicitors/Law Firms may be introduced to save time.
10. There should be a limit on number on pages in Charge Sheet. Charge sheets of thousands of pages are being submitted and it is very time consuming for Judges to read it. May be a limit of maximum 10 pages should be put.
11. Another reason for delay is adjournment sought by Advocates for various reasons. This can be reduced by levy of a fees of Rs. 10000/- for first adjournment and Rs.20000/- for second Rs.30000/- for third and so on.
12. The Cause List displayed outside each court for matters to heard by the Judge should be prepared after checking that Plaintiffs have served a copy of complaint to the Respondents and respondent has submitted their Affidavit. However if Respondent does not submit Affidavit within 2 weeks after being served then the case should be decided on Ex-Parte basis.
13. Authorizing use of electronic media for serving Notices by email to Respondents and permitting submission of Affidavit's soft copy will also help.
14. There is urgent need to modify the laws which were enacted in British era and are not relevant today. more
2. The courts are getting involved more and more in governance by taking Administrative Decisions which should be taken by Bureaucrats both in Central and State Governments.
3. Matters like whether a Political Rally can be held on a particular ground should not be allowed in Courts and local authorities should take a decision to permit it.
4. Matters pertaining to Films and or Actors/Actresses are taken to court which should not happen. As such matters result in waste of time of the court.
5. There is urgent need to review the functioning of Judicial System based on British model which results in a very long delay in delivery of justice due to provision of Appeal to Higher Court. In order to speed up justice delivery system only one Appeal may be allowed in High Court in cases where death penalty is not awarded.
6. The good points of American Justice System may be incorporated in India after study.
7. In case of Writ Petition once the High Court gives interim relief the case is as good as over. Therefore instead of Interim Relief final orders should be passed instead of keeping the Writ Petition pending.
8. A Time limit in weeks should be specified for delivery of Final Order for various types of offences/crimes.
9. System of Video Recording of statements of witnesses by Solicitors/Law Firms may be introduced to save time.
10. There should be a limit on number on pages in Charge Sheet. Charge sheets of thousands of pages are being submitted and it is very time consuming for Judges to read it. May be a limit of maximum 10 pages should be put.
11. Another reason for delay is adjournment sought by Advocates for various reasons. This can be reduced by levy of a fees of Rs. 10000/- for first adjournment and Rs.20000/- for second Rs.30000/- for third and so on.
12. The Cause List displayed outside each court for matters to heard by the Judge should be prepared after checking that Plaintiffs have served a copy of complaint to the Respondents and respondent has submitted their Affidavit. However if Respondent does not submit Affidavit within 2 weeks after being served then the case should be decided on Ex-Parte basis.
13. Authorizing use of electronic media for serving Notices by email to Respondents and permitting submission of Affidavit's soft copy will also help.
14. There is urgent need to modify the laws which were enacted in British era and are not relevant today. more
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My reproduced Gist of letter forwarded to honourable President on 2.8.13 acknowledged on 7th August also relevant for real JUSTICE . Law of Justice is in search of the Rule of the Law 25.7.2013 1.The Government’s ration items under supply are not reaching the common Man due to the selfish ration dealers and Mediators. The Government’s ration items purposed for supply to the poor and common Man are getting diverted to the Black Marketers by the HUMAN TRAITORS and the Government has failed to punish and imprison in such a way that never the people’s Food Grain ration items thus Looted once again. 2. The Government could not control the Black Money [un-accounted Money] floating in the shape of Outside Printed Currency, Binami wealth, extra-ordinary lavish expenditure for luxurious Assets, highly Luxurious living and programs even like Zamindars and Princes though they are clearly evident in the open Society about their misappropriation, cheating, malpractices etc., and etc. The Economists, Financial Consultants, Industrial Consultants and Social Professionals also know of this Not only Criminal Fact but also the robbery of the Public Money and the Money of the Poor People en-cashing non implementation of the Criminal and Civil Laws and Punishments in most of the Cases/Issues since last Three Decades. 3. The Government due to in-sufficient Funds to construct Schools & Colleges AND, to Employ Teachers and lecturers on Salary basis, had opted encouraging Public Persons/ Land Lords for establishing Convent Schools, Schools and Colleges in Private Sector taking the prime Education COSTLIER AND FAR OFF TO COMMON PEOPLE. 4.The supply of Basic Medicines are also not being sufficient and the Government still not equipped to punish / control the Black-Marketers of the Government Hospital Medicines. 5. The Government could not set a Full Stop or control from UREA SUGAR, HAWALA, SHARES SCAM to 2 G SPECTRUM AND EVEN MINING. 6.The Government could not set a Full Stop or control DIVERTION OF SPECIFIC GOVERNMENT ARRANGEMENTS to PERSONAL ADVENTURES directing through legal and legitimate methods with International tie-ups too. 7. The Government could not set a Full Stop or control the mischievous methods adopted by the PRIVATE BANKS BOTH LICENCED AND UN-REGISTERED, snatching public money and Deposits INCLUDING THAT OF SMALL SAVINGS AS CHIT FUND SCHEMES for which kind of Act, the poor and Common Man who earned in mother Country alone for Marriages and Education Expenses etc., being their Blood Shared Money and even there have been Suicides also. 8. Many persons becoming Wealthy in a very Short Time of Three to Six Months in various Occasions and is open in this Society. There are so many persons, Factories and Businessmen Evading Various Taxes and Duties while as only the SALARY and WAGE recipient Employees are the Sincere Tax Payers as is well-known. The Government could not control the habitual Injustice in various Sectors starting from Education to not only Police, but also Home. 9. There is no-body to punish the Public Criminals ; white collar Criminals; Fiscal Criminals and Human Robbers [ Human Society Criminals ] in this Modern India for the last Thirty years. 10. Maintaining Insufficient Courts for providing Justice and also not employing the requisite number of Judges. 11. Jointly non working and non sufficient co-operation between the Home/Police Department and the Lawyers working for the different Cases for achievement of in-time Justice. Due to this above most of the real and innocent People suffer besides, the culprits/offenders numerously spreading in the Society in multiples and this is the open and proven Fact. 12. Enjoyment of RIGHTS prevailed in some and certain Groups who never bother for their vested and inevitable Responsibilities. 13. No-body is trying to educate that there is no absolute Constitutional RIGHT and that EVERY RIGHT HAS ITS OWN CEILING LIMIT INCLUDING THE FUNDAMENTAL RIGHTS AND THAT Right always carry the requisite Responsibility for that Right itself too. 14. As has been observed no-body in the Government Departments exercising and executing the various Laws since last THREE DECADES resulting ABSENCE OF SAFETY AND SECURITY OF THE PEOPLE IN THE PRESENT FORM OF DEMOCRACY. 15. The People are still not only striving for Food for themselves but also to their Family and Children and resultantly many of them had to compulsorily opt to go for Gulf Countries etc., upon the Opportunities and Encouragement GIVEN BY THE NATION RULERS, while some of the People are still getting on with others’ helps and leading on occasional Fasting etc., Particularly for the last Thirty Years. : Above all : 16. Hundreds of Crores of Rupees unaccounted money since last Ten years has been caught/seized by Police men and Election officers while such monies meant for unlawful distribution for purchase of Votes at the time of elections in number of Electoral constitutions and astonishingly the candidates of those constitutions were also declared elected. And still the Political Rulers, Election Commission could not arrive for a Democratic/Constitutional Conclusion whether such procedure is Legally/Constitutionally adoptable. Indeed, absolutely, there is no Equality of Law. The above Sixteen factors and particularly the Sixteenth Factor, is creating a Serious Doubt ‘whether the present Situation is that the LAW OF JUSTICE IS IN SEARCH OF THE RULE OF LAW ‘. more
Oct 07
jUDICIRY SYSTEM WS gOOD.tHERE W--S GRET REPECT.tHEPOLITICINS,nEORICH,some judicil officers lnuing in Jil,Tmilndu, Telngn spoiled the decent broth. more
Oct 06
I agree with some of the above points on delay. However, could not understand why judiciary shall not involve, when administration is sleeping. You can see many cases now a days are being going to court due to administrative failures. The recent example of NEET and IIT exams. Mistakes of administration in giving wrong questions or answers, wrong valuation, wrong pracatices are forcing people to go to court. If administration woke up at the earliest and rectify the mistakes or errors, hopefully such issues will not reach courts. Failed to understand why students to knock the doors of courts, is it not because of administration failure. Governments are not bothered and administration is not knowing the pains of their wrong doings. Mistakes in EAMCET ruined opportunities of students year after year. Administrations failed to correct and allowed students to suffer. In these circumstances courts are forced to entertain such cases for delivering justice. more
Oct 06
I feel meaning of justice needs to be reviewed in terms of justice delayed Justice denied.Giving justice to a common man is government prime duty. It is seen that it take generation to decide the matter ,why ?does advocates play a role or a long and not commited system is blamed for? I think so many issues are to be discussed like: 1.whether the a judge should hear the case in variety on the same day or a specific law matters should be heared on the day or a week? I feel advocates appearig before the court may have some specific field and the cases fixed in different court may unable them to attend the court which suffers the client and the judge hearing variety of the cases on the day is not able to go through the issues indepth which will lead postponement. 2. Advocate need to have a conduct to get decide his case in a time limit of not more than 3 yearsand the judiciary should give more attention to this as delay in hearing faint the issuue and ultimately trust of justice fainted also.. 3. Law Students in the final year should be have an apprentice training of pleading with the advocates ,who will give old cases pending with them in serial.Law student will study the case ,if he feel he will go the client and discuss and prepare a pleading report for the pleader and shall acompany the the lawyer while in pleading .At least 50 cases to be given to him .Adesertation report shall be prepaed and this will be criterion for sessional work. 6 to 12month may the period for this . 4. Govt should create a forum of civil officers and the cases against the govt ,specially service matters or where the law is clear should be put before the forum and unnecessary pendency may be reduced.If the forum feel the matter needs to be decided by the judiciary then it should be continuedotherwise govt may be suggested to take decision. 5.Bar Council should ask the advocate for the pendency after 3 years. A software for the advocate clintage should be prepared wherin all the cases pending with an advocate will contain the case number,Act ,year ,client detail,court,disposal etc.This will put a pressure to an advocates to keep track on their cases and thus they would be able to get justce for his client in time for which he trusted for.This information availble will enable to set afair criteria for selection for govt pleader and judges. more
Oct 05
These are very good suggestions and hope authorities listen to it...else the artificial intelligence will take over the judicial system as well sometimes in future....one package from IBM is most likely working overseas on legal platform....Regards On Tue, 03 Oct 2017 18:34:26 +0530 "MOHIT PANDE" wrote > more
Oct 05
