Legal system in India a review

Ultimate authority and solution centre for a common man problem is the courts and the Judges. One  can call it as a  “Legal system”. But, does this system performing to the needs and demand? Is it fulfilling the natural justice? Do the judgments  are in time and when needed?  Does it have the  sufficient Infrastructure to the growing needs of the litigations and suits.?

I came across a law journal comments, which if you read across would raise your eyebrow, would naturally raise a question….how and when this legal system going to reshape, how and when the efficiency is going to improve. Actual statistics are worrying, which needs immediate attention and quick law reforms in the country.

Case 1:

Umakant sharma, Postman, he was charged for appropriating of an amount Rs 57 by a metropolitan magistrate in the year 1984. This case had 350 oral hearings, 30 years of suspension from service. After 29 years, he was acquitted. A sorrier side of Justice delivery system.

Case 2 :

Mahipat Bamgude’s case captures its trivialization. Mahipat Bamgude and his friend, Ghanshyam Bhosale, then aged 22 were travelling to a wedding, when a fellow passenger’s leg accidentally hit the complainant, Shankar Nivangune. This minor accident led to such heated arguments, that Shankar filed a complaint in 1982 against the two u/s 325 (voluntarily causing severe hurt) and 504 (intentional insult) read with S.34. The case remained forgotten until 2010, 29 years later, when it was listed for first hearing. By then, the complainant and all but one of the 13 witnesses had died.

If we look at the facts, our country needs more law graduates, quality practice, opportunities for Junior Advocates, more judges and courts…read below..why?

Facts :
– 250 seats are vacant out of 900 in various High Courts, means 30% of seats are vacant.
– In Tamilnadu alone 162 courts are unmanned.
– Only 15000 district and sub-divisional courts functioning against 18000 all over India
– Total number of pending cases have crossed 3 crores. 30 million cases.
– Out of which 4 million cases are pending in High Courts alone
– It is an approximate guess that, it would take 400 years to complete many pending cases. Specially the criminal appeals.
– Law commission recommended in 1987 that ratio of Indian Judges per population to be increased from current 11 Judges to 110 Judges per million.
– Which is far lagging compared to other developed countries. Australia 58/ Million, Canada 75/Million, UK 100/Million, USA 130/Million.

Common man too much dependance, no confidence in self and relationship, virtue
The other end, common man lost his virtue, eagerness and extra ordinary desires, money attitude leading to unnecessary filing up of cases for even small causes. Small causes can very well be settled between the party by themselves. All it needs a tolerance, forgiveness and amicable settlement with the help of elders and superior individuals in the community. Especially, like minor criminal and civil cases.

Bottlenecks cases in delivery system.

– Matrimonial cases
– Section 138, Negotiable Instruments cases. Cheque bouncing.
– Traffic Challan
– Motor Accident Claim
– Section 498A, Dowry and Domestic Women Violence Act
– Section 482 CrPC
– Civil Suits

Other strict systems which can improve the Judicial system in India

– Electronic filing and Case References
– Giving deadline and maximum number of adjournments else, dismiss the case.
– Control the time period of cases by Judges
– In Criminal cases, plea bargaining then full-fledged trial
– Judges given access to online journals
-Selective docket system like in the US in appraising the petitions, about the interpretation of the laws. Grant only if valid.
– Pre – screening in chambers.
– Judges and Advocates exhibit utmost integrity and Honesty. Both inside and outside courtroom

Legal Education:-

Natural justice says, every common man shall know what is law and can practice law for his own causes. But, there are many questions raised on the development of legal education and court practice, like seniority, caste system,  monopoly interests playing in the court practice, virtually not allowing the young graduates to practice law at ease, there are heavy barriers and channels,  blocking the liberty to error and learn. Influence of politics and Administrative powers are buying the postings.

Quiet interestingly there is  an another worrying factor happening in the legal education system, The Bar Council system hardly monitoring the development of legal education system, asking why in Tamilnadu there are many graduates enrolling in to the Bar, asking why they are completing their  law degrees from other States.  Discriminating  own standards and policies and by  Ignoring to take initiatives in implementing developing programmes for Junior Advocates.

Conclusion :-

Judicial system must evolve from lagging face to revolution face, don’t keep the door open for cases, open the door for completing the cases before coming trial. Uphold natural Justice. Faith in the legal system. Speedy delivery and Fundamental Rights.

I hope the new team with the supervision of Mr.Modi, will give a shape to the  legal and judicial process system to be in par with the developed international countries.

Satymeva Jayathe!  Satymeva Jayathe!  Satymeva Jayathe!  Truth alone Triumphs!

References:-
1) Law weekly 2014,  Jan 2014, Criminal Cases

2) Speech Delivered by Hon’ble Mr. Justice Ranjan Gogoi, Judge, Supreme Court of India dated 07.12.2013 during the One Day Special Programme for District Judges on Challenges facing the Indian Judiciary – Identification and Resolution

Comments

  1. The legal system of India is very slow. From staring of any case (small or big) to the final day people are just waiting and waiting, in some cases it’s also happens that before the final judgment either the criminal died or who complaints the case may die. So the govt should make a proper plan for it and as possible as solve the cases.

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