Speedy and Efficient Justice - Inputs Sought

Still there are interested and socially and nationally well versed Personalities in the Judicial system . It has becoming the issue of Supremacy in the TOP three Bodies . Even recently our President stated that the individual rights of these 3 Bodies are not to be diluted . It is correct on the concept of the Constitution . Except the Supreme Court , no governing Body under the Indian Constitution could help and save the people from the carried misuse under the same Constitution . Supreme Court only once tried to save India from internal rivalry that was specifically at the time of Constitutional Assembly notified that the CASTES ARE REALLY ANTI-NATIONAL IN BOTH WAYS . The Constitutional Bench of the Supreme Court of India shall process any issues of Constitutional importance every Quarterly since many objectives of the Constitution have been either diversified or , neglected . This is absolutely necessary since the Legislators since beyond a Decade do have a score by 30% filled with either convicted or , those having Criminal cases and background . India should not still bound to the condition that the legislature is only the Supreme and Superficially powerful among the other Governing Bodies and the apex court while the carry of the Constitutional provisions are diversified to its objective and concept and when many of the acutely Essential welfare measures have been set aside untouched . more  

Judges should be more professional.There should be an institute say-Indian Institute of Legal Administration where Judges should be given special training.There should be a research wing attached to it to conduct research on reforms in legal administration.This would find out the behaviour and activities of criminals after serving jail term.Because they should not enter society as criminals again.The Courts should over see the jails and protect the criminals from police atrocities in jail or police custody.The criminals should be rehabilitated after their jail terms failing which the criminals and crimes will increase in society. more  

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SUGGESTIONS AND STRATEGIES Identifying the cases which need to be taken on the fast tracking and then making them to reach the logical end is to be ensured. The scheme of identifying a set of cases on time bound schedule, by taking all the stake holders into confidence and then go ahead with disposal of the case. A scheme is under consideration for implementation in Dakshina Kannada District. The draft scheme is enclosed herewith. Training of not only Judicial officers, but also of the staff will go a long way. Correct preparation of the notices and summonses, proper and timely compliance of the orders will definitely increase the productivity of the judges by reducing their attention on administrative corrective measures. Providing a training mechanism at District level to the staff on timely bases and assessing their performance will have to be undertaken. The training of the staff for implementation of the eCourts has shown us that training will provide a fillip to the various lacunae. Coordination and exchange of the problems faced and understanding of various stake holders like Jails, Police and Prosecution will increase the productivity. Timely meetings (half yearly/quarterly at District level) will pave the way for better coordination and effectiveness. A time bound recruitment of qualified staff will increase the effectiveness. In the absence of the timely recruitment by the PSCs the C and D group staff occupy the pivotal positions and this would create a void in well qualified staff requirement. Most of the Courts are working with staff who have been promoted from C group. On an average, it is estimated that there are only 50% of the sanctioned staff available at any given point of time. Frequent recruitment drives may have to be undertaken. Bringing changes in the rules of practice is very much essential to utilize the fruits of IT. Unless we change the manual practices which are prescribed by mandatory rules, it is difficult to harness the benefits of IT. Intimating the IO to summon a witness before the court for trial may be done through flow of information over CIS of the court to Police IT of the police dept(ICJS). As observed, shifting the issue of witness summons to the IO to appear before the court to give evidence may require a rule change. In other words JPR would be the goal. Encouraging the judges for disposing old matters by providing bonus points at the end of the year will boost not only acquisition of the skills but also increase the productivity. Performance appraisal of the officers, need to be more scientific and should encompass all the parameters. Considering only the “quota” irrespective of the old cases may give only “disposal by hook or crook” culture and obviously neglect disposal of old cases on merits. The draft scheme prepared would take care of this to some extent. The long term goals and factoring them into short term objectives to be achieved and set at District and Court level. Apart from the infrastructure requirements, the Human Resource Management to be strengthened. Exchange of the views, plans, goals to achieve at state level between Courts, Police Dept, Jails, FSLs and Prosecution would make the systems work in tandem paving the way for flow of business information and this will speed up the disposal rate at grass root level. It is worth to note that the Jails and the FSLs are groping with lack of staff and infrastructure resulting in delay in the trials being taken up. As a long term measure, the flow of information regarding the surveys, declaration of the title to the property to the state Govt agencies like Revenue Dept may be thought of. If the necessary changes are brought to the Land Revenue Act, and the UPOR and Bhoomi projects are utilized by the courts then the fate of FDPs may be shortened. more  

The much awaited Judicial reforms can only give solace. 1. There is need for judicial process re-engineering. Cumbersome procedures to be shunned. 2. The lengthy judgement s should be discouraged. Judges be trained on this. 3. Court staff training is essential. Courts should have corporate behaviour. 4. Lawyers now a days behave like the are the gates to temple of justice. 5. Technology should be embraced on a larger scale. Present projects are not adequate. Judicial reforms can be on the lines of banking reforms in last decade. 5. Judge strength alone cannot be the solution. 5. Simply pressuring judges to clear cases may have disastrous consequences in terms of quality. more