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While a lot of blame is being put on our Neta’s for the poor civil obedience and overall corruption of the system – the basic question remains to be asked – “What is My Lord doing “
Will start with a post of Ministry of Law and Justice – posted on 2nd Feb ’23 – in which the former Minister of Law and Justice, Shri Kiren Rijiju in a written reply to a question in the Rajya Sabha informed that the number of working hours, working days and vacations of the courts are prescribed as per rules framed by the respective courts and not by govt.
How strange is the rule of the land that the Supreme Court of India, in exercise of the powers conferred on it under Article 145 of the Constitution of India, makes rules for regulating the Court’s practice and procedures which includes its sittings and vacations, etc.
In a country which has so many cases pending at different level of courts – The Supreme Court Rules, 2013, inter-alia, provided that the period of summer vacation shall not exceed seven weeks and the length of the summer vacation and the number of holidays for the court and the offices of the court shall be such as may be fixed by the Chief Justice and notified in the official Gazette so as not to exceed one hundred and three days, excluding Sundays not falling in the vacation and during court holidays. The Supreme Court has been working on an average of 222 days in a year.
Imagine a country with 5 Cr cases pending courts are only functional for two hundred odd days. As per the former law minister, Shri Kiren Rijiju 4.92 Cr cases are pending as on 1st feb 2023. 69k cases are pending in Supreme court, 59lakhs cases pending at high courts.
The fear of law & faith in justice system will play a significant role in controlling the SYSTEM – which is being used and abused by people in power.
The rise of Bahubali’s (strongmen) with influence in politics is a clear case of trust that they have on the weak judicial system of India. A case can take years to reach a decision and no TAT for a case to be solved.
Can a middle class afford to fight a case for 20 years to solve a land dispute?
From petty road challans to Land disputes to a murder case – Faith in My Lord for Indian’s is so less that they prefer to take help from a Bahubali and do “OUT OF COURT SETTLEMENT”
Suggestion for Judicial Reforms
- Treatment of Judges as a normal govt servant – “My Lord” can be replaced with another word of respect – Colonial Mindset has to go away when “Lord” was created to give justice to Indian people.
- Clear TAT to solve case – With a history of 70 years – cases should be categorized basis degree of severity and a proper TAT to solve a case should be added – Any deviation to be questioned and proper justification for a delay in justice to be the responsibility of the judge.
- Promotion Basis Performance & not seniority – Another colonial mindset in which age decides wisdom – Elevation of Judges to higher courts should be basis % of case solved within the defined TAT. Age should also be given weightage as this profession is different from others however a mature -wise but slow system leads to low trust in judiciary.
- Working Hours for Courts: – Winter /Summer breaks are from colonial era when the English judges had to visit their family back home & also possible way to delay justice to Indian’s. Judges working to be governed like Central govt employees.
- Digitalization of Courts – Govt to put max efforts towards making courts proceeds like filing affidavits, applications, notices, challan hearings to be made digital so that time and energy of the public should be saved.
Understand that the above stated suggestion may not go well with the current judiciary system, but we will have to move forward and reform the system which dates to 1900.
A strong and reformed judiciary will add strength to democracy.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint.
Source: The Print
