The judiciary is part of our democracy and all its implications must be imported into the The judiciary is part of our democracy and all its implications must be imported into the judicial process. Once we accept the
judicial process. Once we accept the proposition that in a democratic society the courtproposition that in a democratic society the court system plays a crucial role in
system plays a crucial role in seeing that neither licence nor seeing that neither licence nor absolutism becomesabsolutism becomes dominant, the difficult tasks of the court vividly stare us in the face. As Chief Justice dominant, the difficult tasks of the court vividly stare us in the face. As Chief Justice Burger has noted:
Burger has noted: "A sense of confidence in the "A sense of confidence in the courts is essential to maintain the fabriccourts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to
incalculable damage to society: that people come to believe that inefficiency and delaybelieve that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come
the smaller transactions of daily life come to believe that courts cannot vindicate theirto believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets".
homes, at their work, and on the public streets".11
Constitution which mandates that the state shall secure
Constitution which mandates that the state shall secure that the operation of the legalthat the operation of the legal system shall promote justice, on a
system shall promote justice, on a basis of equal opportunity and shall basis of equal opportunity and shall ensure thatensure that
opportunities for securing justice are not denied to any citizen. The Judiciary is bound to opportunities for securing justice are not denied to any citizen. The Judiciary is bound to shape the processes of the law
shape the processes of the law to actualize the constitutional resolve to secure equalto actualize the constitutional resolve to secure equal justice to all. A people who are illiterate by and large, indigent in
justice to all. A people who are illiterate by and large, indigent in no small measure,no small measure, feudal in their way of life, and tribal and backward in
feudal in their way of life, and tribal and backward in large numbers, need anlarge numbers, need an unconventional cadre of jurists and judges, if equal justice under the law is to be a unconventional cadre of jurists and judges, if equal justice under the law is to be a
reality. If there is breach, judicial power must offer effective shelter. Even if a legislation reality. If there is breach, judicial power must offer effective shelter. Even if a legislation hurting or hampering the backward sector is passed, the higher courts have to declare hurting or hampering the backward sector is passed, the higher courts have to declare the statute void, if it be contra-constitutional. In sum, the judicial process, in its
the statute void, if it be contra-constitutional. In sum, the judicial process, in its
functional fulfillment, must be at once a shield and sword in defending the have-nots functional fulfillment, must be at once a shield and sword in defending the have-nots when injustice afflicts them. And this must be possible even if the humbler folk, directly when injustice afflicts them. And this must be possible even if the humbler folk, directly aggrieved, are too weak to move the court on their own and a socially sensitive agency aggrieved, are too weak to move the court on their own and a socially sensitive agency advocates the cause. Securing justice - social, economic and
advocates the cause. Securing justice - social, economic and political to all citizens is onepolitical to all citizens is one of the key mandates of the Indian Constitution. This has been explicitly made so in the of the key mandates of the Indian Constitution. This has been explicitly made so in the Article 39-A of the Constitution that directs
Article 39-A of the Constitution that directs the State -the State - to secure equal justice and freeto secure equal justice and free legal aid for the citizens
legal aid for the citizens. But the experiences of last 57 years show that the State has. But the experiences of last 57 years show that the State has failed squarely on addressing some very
failed squarely on addressing some very basic issues--quick and inexpensive justice andbasic issues--quick and inexpensive justice and protecting the rights of poor and the vulnerable. The justice delivery system is on the protecting the rights of poor and the vulnerable. The justice delivery system is on the verge of collapse with more than
verge of collapse with more than 30 million cases clogging the system. There are 30 million cases clogging the system. There are casescases that take so much of time that even a generation is too short to get any type of
that take so much of time that even a generation is too short to get any type of redressal.
redressal.
That it will take more than 300 years to clear the backlog of cases in Indian courts is That it will take more than 300 years to clear the backlog of cases in Indian courts is
proof enough that our criminal justice system is sick, stagnant and in urgent need of a proof enough that our criminal justice system is sick, stagnant and in urgent need of a complete overhaul. A committee was set up, a couple of years ago, under Justice V S complete overhaul. A committee was set up, a couple of years ago, under Justice V S Malimath to examine changes and its
Malimath to examine changes and its report came, coincidentally, at the time that report came, coincidentally, at the time that justicejustice was finally done in the
was finally done in the Uphaar Cinema caseUphaar Cinema case and just before the fourth and just before the fourth anniversary,anniversary, Jessica Lal’s horrific murder
Jessica Lal’s horrific murder. Both cases draw attention, in different ways, to the glaring. Both cases draw attention, in different ways, to the glaring flaws in our justice system.
flaws in our justice system.
In the Uphaar case it is shocking that it took six years to establish that the 59 people In the Uphaar case it is shocking that it took six years to establish that the 59 people died because of criminal negligence on the part of the cinema management and the died because of criminal negligence on the part of the cinema management and the Delhi government. It was clear from day one that nobody would have died had the Delhi government. It was clear from day one that nobody would have died had the cinema followed safety rules but because the
cinema followed safety rules but because the wheels of Indian justice move at wheels of Indian justice move at the pacethe pace of our national vehicle - the bullock cart - it took six years for justice to be done. And, if of our national vehicle - the bullock cart - it took six years for justice to be done. And, if the Ansal family and the guilty officials decide to appeal it could be many more years the Ansal family and the guilty officials decide to appeal it could be many more years before justice is really done.
before justice is really done.
P
“Justice Delayed is Justice
“Justice Delayed is Justice Denied"
Denied"
InIn Jessica Lal’s case Jessica Lal’s case the situation is even more tragic the situation is even more tragic because justice may never be done.because justice may never be done. She was shot dead in a Delhi bar in full
She was shot dead in a Delhi bar in full view of several people. It was on the basis of theirview of several people. It was on the basis of their statements that the police built their case against Manu Sharma and he, himself, fled the statements that the police built their case against Manu Sharma and he, himself, fled the crime scene and remained on the run for days, something he would have been unlikely crime scene and remained on the run for days, something he would have been unlikely to do had he been innocent. But, as time went by,
to do had he been innocent. But, as time went by, witnesses to the murder suddenlywitnesses to the murder suddenly became unable to identify him as the killer so he is already out on bail and w
became unable to identify him as the killer so he is already out on bail and w ill probablyill probably remain free and go on to a long and successful career as a politician.2
remain free and go on to a long and successful career as a politician.2 In a democracy, the courts belong not to the lawyers and judges but to the
In a democracy, the courts belong not to the lawyers and judges but to the `citizen'`citizen', as, as Jerome Frank wrote. Once we accept this democratic dimension of the Judiciary, the rule Jerome Frank wrote. Once we accept this democratic dimension of the Judiciary, the rule of law gains a philosophical elevation. The highest is not above the law; the humblest is of law gains a philosophical elevation. The highest is not above the law; the humblest is not beneath the law. The true conception of the administration of justice is that the lowly not beneath the law. The true conception of the administration of justice is that the lowly concern of the least person is
concern of the least person is of the highest consideration to the of the highest consideration to the state and the court.3state and the court.3 Justice delayed is justice denied, is an old but wise saying. Why has this delay happened Justice delayed is justice denied, is an old but wise saying. Why has this delay happened and how this delay could be tackled are the questions of hour? Who is/are responsible to and how this delay could be tackled are the questions of hour? Who is/are responsible to this state of affairs is also not
this state of affairs is also not an irrelevant question?an irrelevant question? On doing some practical and
On doing some practical and theoretical research at this problem, I found theoretical research at this problem, I found some reasonssome reasons and their solution of this state of affairs. I would like to discuss all the reasons one by one and their solution of this state of affairs. I would like to discuss all the reasons one by one in order to their
in order to their gravity and thereafter, would suggest some solutions to gravity and thereafter, would suggest some solutions to overcome theseovercome these problems.
problems.
Causes Of Causes Of
Delay:-The first and the biggest problem is of the delay in disposition of cases
The first and the biggest problem is of the delay in disposition of cases. Due to. Due to huge pendency, the cases take years for its final disposal, which would normally take few huge pendency, the cases take years for its final disposal, which would normally take few months time. The arrears cause delay and
months time. The arrears cause delay and delay means negating the accessibility of delay means negating the accessibility of justice in true terms to the common man. The very core of a civil society and rule of law justice in true terms to the common man. The very core of a civil society and rule of law is the provision of justice, but the decision must be delivered within a reasonable time. It is the provision of justice, but the decision must be delivered within a reasonable time. It is totally unfair if a suspected criminal waits for trial for years and is ultimately found is totally unfair if a suspected criminal waits for trial for years and is ultimately found innocent. Similarly, the victim of the crime will be also not satisfied if there is no innocent. Similarly, the victim of the crime will be also not satisfied if there is no punishment to the criminal for so long. Only speedy justice could ensure effective punishment to the criminal for so long. Only speedy justice could ensure effective maintenance of Law and order. Quality
maintenance of Law and order. Quality of justice not only promotes peace in of justice not only promotes peace in the societythe society but also strengthens internal security of
but also strengthens internal security of the country. There are number the country. There are number of litigationsof litigations which could be avoided if Govt. officials had taken interest, for e.g. section 80 of CPC which could be avoided if Govt. officials had taken interest, for e.g. section 80 of CPC require a prior notice of two months to Govt. by a party who wish to sue the Govt. require a prior notice of two months to Govt. by a party who wish to sue the Govt. TheThe purpose of this section is to give time to Govt. to settle the matter with such party by purpose of this section is to give time to Govt. to settle the matter with such party by taking proper and suitable action, and thereby could avoid unwanted and unnecessary taking proper and suitable action, and thereby could avoid unwanted and unnecessary litigation. But the utter failure of Govt. official in taking a quick, bold and suitable action litigation. But the utter failure of Govt. official in taking a quick, bold and suitable action inspite of giving time forces a person to file case.
inspite of giving time forces a person to file case.
Strength of Judges are inadequate according to population and bunch of cases Strength of Judges are inadequate according to population and bunch of cases.. As of January 2005, pending cases in the Supreme Court number 30,000, in high courts As of January 2005, pending cases in the Supreme Court number 30,000, in high courts over 33.79 lakh and in
over 33.79 lakh and in subordinate courts over 2.35 crore - a totally unacceptablesubordinate courts over 2.35 crore - a totally unacceptable situation. Much of this is due to shortage of judges. The ratio of judges to population is situation. Much of this is due to shortage of judges. The ratio of judges to population is 10.5 to one million, the lowest in the world. Even this low level is not reached because of 10.5 to one million, the lowest in the world. Even this low level is not reached because of the accumulation of vacancies in the B
the accumulation of vacancies in the B enches -140 against the approved strength of 668enches -140 against the approved strength of 668 judges in high
judges in high courts and 2000 against 15000 in subordinate courts.4courts and 2000 against 15000 in subordinate courts.4 The infrastructure of the lower courts is very disappointing.
The infrastructure of the lower courts is very disappointing.Though, theThough, the Supreme Court and High Courts are having good infrastructure but this in
Supreme Court and High Courts are having good infrastructure but this in not the samenot the same position with lower courts. The Courts have no convenient building or physical facilities. position with lower courts. The Courts have no convenient building or physical facilities. The executive has failed to provide
The executive has failed to provide necessary infrastructure to enable judiciary andnecessary infrastructure to enable judiciary and function normally. Good library, requisite furniture,
function normally. Good library, requisite furniture, sufficient staff and reasonable spacesufficient staff and reasonable space are the need of
are the need of the qualitative justice. In some courts the qualitative justice. In some courts security systems is also not good.security systems is also not good. The legal profession is one of
The legal profession is one of the most struggling profession but no the most struggling profession but no social securitysocial security scheme is available for lawyers, some financial aid should be provided to Bar scheme is available for lawyers, some financial aid should be provided to Bar
associations or the new beginners by the government. The good working condition of the associations or the new beginners by the government. The good working condition of the
clerical staff must be free from
clerical staff must be free from all type of corruption. This all type of corruption. This is the era of computerization.is the era of computerization. The highly technical and competitive clerical staff will also help in speedy course. We all The highly technical and competitive clerical staff will also help in speedy course. We all
know how much time is taken in getting merely a copy of the j
know how much time is taken in getting merely a copy of the j udgment? It is hard thatudgment? It is hard that money is used to speed up the process. The bribe giver does not wish, to get anything money is used to speed up the process. The bribe giver does not wish, to get anything done unlawfully, but merely wants to speed up the process of movement of files and done unlawfully, but merely wants to speed up the process of movement of files and communication relating to decision. Certain sections of staff concerned do
communication relating to decision. Certain sections of staff concerned do work onlywork only after taking money.
after taking money.
Investigative agencies generally delay
Investigative agencies generally delay : the investigation of crime It is generally: the investigation of crime It is generally heard that the accused gets bail as the investigating agency failed to submit charge heard that the accused gets bail as the investigating agency failed to submit charge sheet within statutory period. The combination of
sheet within statutory period. The combination of several functions, such as crimeseveral functions, such as crime investigation, riot control, intelligence gathering, and security of VIPs by a single police investigation, riot control, intelligence gathering, and security of VIPs by a single police force has a devastating effect on the
force has a devastating effect on the criminal justice system. Nowadays, the crimecriminal justice system. Nowadays, the crime investigation is not immune from the partisan politics. The power of the government to investigation is not immune from the partisan politics. The power of the government to drop criminal charges against the accused has further abused it. The lethargic police drop criminal charges against the accused has further abused it. The lethargic police investigation is also a ground
investigation is also a ground of slow process of law.of slow process of law. Remedies To Overcome Delay Remedies To Overcome Delay
(Suggestions):- There is need to establish more courts and to increase number of judges according to There is need to establish more courts and to increase number of judges according to
population.
population.While the population of the country While the population of the country and the number of and the number of cases has increasedcases has increased manifold, the judgment services appears to
manifold, the judgment services appears to be understaffed. Same is the be understaffed. Same is the position of theposition of the courts, where number of courts are less in comparison to the need. As it is estimated that courts, where number of courts are less in comparison to the need. As it is estimated that India has, only about II Judges per milli
India has, only about II Judges per milli on population, which is among the lowest ratios inon population, which is among the lowest ratios in the world. Obviously, there is an urgent need to increase the number of judges specially the world. Obviously, there is an urgent need to increase the number of judges specially at the local level for giving access to the ordinary people.
at the local level for giving access to the ordinary people. It is needed to
It is needed to establish a body at national level establish a body at national level composed of Judges, Lawyers and Legalcomposed of Judges, Lawyers and Legal academics, which should be charged with a duty to conduct examinations for recruitment academics, which should be charged with a duty to conduct examinations for recruitment to Indian Judicial Service (IJS)
to Indian Judicial Service (IJS). Article 233 will have to be amended to confer power on the. Article 233 will have to be amended to confer power on the president to appoint members of Indian Judicial Services on the recommendation of
president to appoint members of Indian Judicial Services on the recommendation of National Judicial Service Commission. The creation of I
National Judicial Service Commission. The creation of I ndian Judicial Service is appearedndian Judicial Service is appeared necessary to get best available talent in
necessary to get best available talent in the country.the country. Though, already
Though, already a demand of establishing large number of ordinary courts is pending,a demand of establishing large number of ordinary courts is pending, yet special courts have its own
yet special courts have its own importance.importance.In developing countries the corruption isIn developing countries the corruption is growing like cancer and unless cases are taken up and decided early, the disease will growing like cancer and unless cases are taken up and decided early, the disease will spread further. The special courts and
spread further. The special courts and prosecuting agencies may be appointed to prosecuting agencies may be appointed to dealdeal with cases of corruption and cyber crimes. The beginning may be made in Delhi and with cases of corruption and cyber crimes. The beginning may be made in Delhi and other state capital where the number
other state capital where the number of cases is highest.of cases is highest.
There is urgently need to imporove the basic infrastructure and management of There is urgently need to imporove the basic infrastructure and management of
resources.
resources.Modern technology and use of computers could Modern technology and use of computers could also increase the efficiency of also increase the efficiency of the court system. The judiciary has
the court system. The judiciary has also to learn management techniques throughalso to learn management techniques through training at all levels. Though, the Supreme Court and High Courts are having training at all levels. Though, the Supreme Court and High Courts are having goodgood infrastructure but this in not the same position with lower courts. The lower courts are infrastructure but this in not the same position with lower courts. The lower courts are the basic institution of justice and to improve the quality of the justice dispensed with, it the basic institution of justice and to improve the quality of the justice dispensed with, it is necessary to improve their infrastructure by
is necessary to improve their infrastructure by modern technology. Lack of funds shouldmodern technology. Lack of funds should not be allowed to enter in the way of development of infrastructure, as external security not be allowed to enter in the way of development of infrastructure, as external security is necessary, internal maintenance of law and
is necessary, internal maintenance of law and order is also necessary for the order is also necessary for the internalinternal security, national interest, peace and progress. In
security, national interest, peace and progress. In general budget certain handsomegeneral budget certain handsome amount could also be allocated to j
amount could also be allocated to j udiciary like defence and education or udiciary like defence and education or a separatea separate judicial budget should be placed, like railway budget. The panel of government lawyer judicial budget should be placed, like railway budget. The panel of government lawyer
should also be on merits not on the basis of nearness to ministers. As the government is should also be on merits not on the basis of nearness to ministers. As the government is the largest litigant, more transparency is required on their part. Govt. counsel should be the largest litigant, more transparency is required on their part. Govt. counsel should be selected on the basis of merit,
selected on the basis of merit, efficiency, integrity, by some transparent manner. efficiency, integrity, by some transparent manner. ThereThere should also be some permanent vigilance provision to observe the working of the public should also be some permanent vigilance provision to observe the working of the public prosecutors. Security system in courts also needs improvement for
“Justice Delayed is Justice
“Justice Delayed is Justice Denied"
Denied"
years. It is, therefore, good to create an independent wing of police force, fully in charge years. It is, therefore, good to create an independent wing of police force, fully in charge of crime investigation, and functioning under the direct control of independent
of crime investigation, and functioning under the direct control of independent prosecutors. That wing should be
prosecutors. That wing should be accountable to judiciary and not to particularaccountable to judiciary and not to particular
government of a time. The practice of torture and third degree methods, extra judicial government of a time. The practice of torture and third degree methods, extra judicial execution in fake encounters may be
execution in fake encounters may be stopped also when crime investigation machinerystopped also when crime investigation machinery became accountable to judiciary. Such type
became accountable to judiciary. Such type of police wing also became knowledgeableof police wing also became knowledgeable about the type and
about the type and method of the evidence needed. Hence, method of the evidence needed. Hence, baseless cases, which leadbaseless cases, which lead acquittal, also could come down. So,
acquittal, also could come down. So, there should be co-ordination between police andthere should be co-ordination between police and prosecuting agencies. The early disposal of case also boosts the
prosecuting agencies. The early disposal of case also boosts the morals of police forcemorals of police force and will save time, which would have been taken in producing arrestee to the court Horn and will save time, which would have been taken in producing arrestee to the court Horn time to time.
time to time.
We have inherited British legal system, Britishers prescribed it at that time, without We have inherited British legal system, Britishers prescribed it at that time, without considering the need of Indian society nor did they consider the practicals of the considering the need of Indian society nor did they consider the practicals of the procedure. So, this system is drawn from different sources without seeing the ground procedure. So, this system is drawn from different sources without seeing the ground realities. Some people today prefer to keep quiet, rather than go to the court of law. So, realities. Some people today prefer to keep quiet, rather than go to the court of law. So, now this system is more Indianised for making it fit to society. It is heard that in
now this system is more Indianised for making it fit to society. It is heard that in ancientancient time justice system was very good. The disputes were settled on the spot by delivering time justice system was very good. The disputes were settled on the spot by delivering justice. But ancient justice proceedings were oral in general and therefore no much justice. But ancient justice proceedings were oral in general and therefore no much
record is available. Now we
record is available. Now we can take modem know-how from the countries, can take modem know-how from the countries, which havewhich have best justice delivery system by getting acquainted with the procedure followed there, if best justice delivery system by getting acquainted with the procedure followed there, if fit to Indian society.
fit to Indian society. The civil and criminal procedure codes and the laws of evidence The civil and criminal procedure codes and the laws of evidence have to be substantially revised to
have to be substantially revised to meet the requirements of modem judicialmeet the requirements of modem judicial administration.
administration.Though most of procedural laws are Though most of procedural laws are effective even today but someeffective even today but some provision needs revision, especially the civil l
provision needs revision, especially the civil l aws. To lessen the burden aws. To lessen the burden of cases, we mayof cases, we may introduce the concept of’ Plea-bargaining' by
introduce the concept of’ Plea-bargaining' by decriminalization of those wrongs, whichdecriminalization of those wrongs, which can justly be dealt
can justly be dealt with by compensatory remedies (Compensation to victim like iwith by compensatory remedies (Compensation to victim like i n tort).n tort). The institutions involved in justice delivery
The institutions involved in justice delivery system such as the police, the system such as the police, the prosecution,prosecution, the court, prison etc.-requires to be
the court, prison etc.-requires to be reformed in terms of organization, procedures,reformed in terms of organization, procedures, resources and accountability. So that, nowhere citizen
resources and accountability. So that, nowhere citizen feels uneasiness. There should befeels uneasiness. There should be time limits prescribed for adjudication.
time limits prescribed for adjudication. There should be uniform formats for the There should be uniform formats for the appealsappeals and petitions to make the procedure easy. The judgment should be in brevity and clarity. and petitions to make the procedure easy. The judgment should be in brevity and clarity. The concept like of public interest litigation is always welcoming, which is affordable to The concept like of public interest litigation is always welcoming, which is affordable to
common men. Hence, there is a lot of scope to improve the situation. For e.g. Section common men. Hence, there is a lot of scope to improve the situation. For e.g. Section 301 Cr. P.c. should be amended to allow the victim to appoint a lawyer of his choice in 301 Cr. P.c. should be amended to allow the victim to appoint a lawyer of his choice in addition to public prosecutor to defend his case. Similarly, Section 3 13 (3) of Cr. P.C. addition to public prosecutor to defend his case. Similarly, Section 3 13 (3) of Cr. P.C. also be amended so that the accused would be held liable for refusal to give answer or also be amended so that the accused would be held liable for refusal to give answer or telling lie. The victim will be allowed to cross-examine the accused to elucidate the truth. telling lie. The victim will be allowed to cross-examine the accused to elucidate the truth. There must be some fixed
There must be some fixed time for presentation of written statement, counter claim time for presentation of written statement, counter claim andand reply like the plaint, under the I
reply like the plaint, under the I imitation Act. After all procedural law is meant to furtherimitation Act. After all procedural law is meant to further ends of justice.
ends of justice. Conclusion Conclusion
We can conclude from the
We can conclude from the above discussion that we should not resort above discussion that we should not resort in extra-ordinaryin extra-ordinary hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the saying, justice hurried is
saying, justice hurried is justice buried is equally true. justice buried is equally true. Therefore, sufficient, reasonableTherefore, sufficient, reasonable and due hearing of
and due hearing of every cases with consideration of its circumstances is the every cases with consideration of its circumstances is the necessarynecessary requirement of natural justice and balance of convenience. In fact, the untiring efforts requirement of natural justice and balance of convenience. In fact, the untiring efforts put by fear and flavorless Indian Judiciary is doing commendable job of imparting justice put by fear and flavorless Indian Judiciary is doing commendable job of imparting justice inspite of so many difficulties, which created faith of public in the rule. Of law is
inspite of so many difficulties, which created faith of public in the rule. Of law is a greata great achievement, which really requires deep
