1. "Power of Judiciary lies not in deciding cases, nor in imposing sentences nor in
punishing for contempt, but in the trust, faith and confidence of the common
man." – Justice John Marshall US Supreme Court (2010)
ENSURING EXPEDITIOUS AND
TIMELY JUSTICE TO ALL
2. • Judiciary is considered as the sentinel of the democratic
set-up such as of India. The administration of justice is
the most essential component of a Welfare State.
• Expedient implementation and robust institutional
execution of political as well as socio-economic policies
are the new paradigms of judicial functioning.
• Maintains Balance of Power and checks Arbitrariness.
• Legislature and Executive hinder the efficient and
speedy functioning while they allege judiciary for
usurpation of extra-constitutional power.
Importance of Judiciary
7. Lack of Judges in Courts
Problems:
•The vacancy in lower judiciary
and High Court level is pivotal
to dismissal rate of judiciary and
backlog of cases.
• Judges in lower judiciary are
often lack in training in proper
skills due to which the case
disposal speed suffers at large.
0
20
40
60
80
United Kingdom Canada Australia India
Judges Per Million Population
0
5000
10000
15000
20000
25000
Lower Court
Solutions:
•The filling of vacancy is
concomitant to judge to
population ratio and
efficiency of judges must
be focused to cater this
problem efficaciously.
8. Adjournment & Delay
Problems:
•Rampant adjournments with
liberal judicial approach has
led to delay in delivering
judgments.
•The case disposal rate is
problem at forefront and
speedy justice is a standing
challenge to judicial system
Solution:
•The judiciary must ensure
strict approach towards
adjournments and judges
granting excessive
adjournments must be
answerable to high authorities
with special reasons.
•The case disposal rate can be
fostered with stringent and
strict approach of judiciary
with combating tactics of
anti-delay
9. Lack of Infrastructure
& Technology
Problems:
•The Infrastructure of the
Court is in the most
dilapidated condition with
congested space and falling
walls.
•The outdated system of
filing and maintaining
documents has created
complex challenges with
regard to their management.
Solutions:
•The Court complexes must
be increased as and when
required with better facilities
for better working
conditions.(78th Law
Commission Report, 1979).
•The E-Court system should
be implemented with great
urgency and importance.
10. Lack of Co-ordination
Problems:
•The modus operandi of
police and other executive
bodies in filling timely reports
in Courts has become a
challenge to avoid delay of
judicial process.
•The advocates are many
times tending to delay judicial
process due to various
reasons due to which
judiciary becomes helpless
Solutions:
•The police and other state
agencies must be obliged to
file timely reports, comply
with court orders
expeditiously, and extend
other duties promptly.
•A sincere and vigilant bar is
concomitant to judicial
process and advocates must
extend support and
cooperation for speedy
disposal of cases.
11. Corruption in Judiciary
Problems:
•The rising corruption in the
Judiciary is jeopardizing the
judicial system and public
confidence in Judiciary.
•The opaque and closed door
management of court registry
has made the court system
corrupt and has created access
problem for common man, this
is further aggravated by the
lack of Chief Justices in
performing their administrative
functions.
Solutions:
•A Judicial Ombudsman
must be created to keep vigil
on the judiciary at the all the
levels of judiciary.
•The Chief Justices are not
only judges but
administrators of their
respective courts and they
need to take proactive action
to ensure better court
management and efficient
court administration.
12.
13. Annexure
•Reports of the Committees & International
Organizations:
•47th Standing Committee Report on Judicial Standards &
Accountability Bill 2010.
• The Global Competitiveness Report 2009-2010: Country Profile
Highlights; by World Economic Forum.
•“Developing human rights jurisprudence, volume 4, 1992” by
Commonwealth Secretariat. Legal Division.
•Newspaper Articles:
•“Ensuring judicial accountability”, An article by Senior
Advocate P.P. Rao in “The Tribune” on December 08, 2010.
•“Delayed Dawn” by HARSH MANDER, VIKRAM
RAGHAVAN and ABIR PHUKAN in “The Hindu” on August
13, 2011.
14. •Journals:
•“The Domain and Power of the High Courts in the
Adjudication of Election Disputes” by S. Rahul & P.B.V.
Nageswara Rao, (2001) 8 SCC (Jour) 6.
•An Address to the 18th Annual Conference of the American
Judges' Association by Justice V.R. Krishna Iyer (1979) 1 SCC
(Jour) 7.
•An Open Letter to the Prime Minister by Justice Krishna
Iyer (1986) 2 SCC (Jour) 1.
•Law and Men of Law by Justice H.R. Khanna (1976) 4 SCC
(Jour) 17.
•An Open Letter to the Chief Justice of India by Upendra Baxi,
Lotika Sarkar, Raghunath Kelkar & Vasudha Dhaganwar (1979)
4 SCC (Jour) 17.
•A Reply to "An Open Letter to the Chief Justice of India" by
Professor P.S. Atchuthen Pillai (1980) 1 SCC (Jour) 22
15. •Democracy of Judicial Remedies — A Rejoinder to
Hidayatullah by Justice V.R. Krishna Iyer (1984) 4 SCC (Jour)
43.
•Federalism and Language Problem in India: A Study with
Special Reference to Role of the Judiciary in India by Anirudh
Prasad (1979) 1 SCC (Jour) 1.
•Independence of the Judiciary by Justice H.R. Khanna (1981) 3
SCC (Jour) 15.
•Judicial Activism and the World Judges' Conference by Justice
A.M. Bhattacharjee (1984) 3 SCC (Jour) 1
•Judicial Process and Social Change by Justice O. Chinnappa
Reddy (1981) 1 SCC (Jour) 4
•Law students, Lawyers and Judges in the new millennium by
Justice M. Jagannadha Rao (2000) 8 SCC (Jour) 1
16. •The Judicial System — Has it a Functional Future in our
Constitutional Order? by Justice V.R. Krishna Iyer (1979) 3 SCC
(Jour) 1
•The Judicial Universe of Mr Justice Krishna Iyer by Dr K.M.
Sharma (1981) 4 SCC (Jour) 38.
•Books:
•“Judicial Reforms in India: Issue and Aspects” by Arnab Kumar
Hazra, Bibek Debroy, Rajiv Gandhi Institute for Contemporary
Studies – 2007.
• “Law & Practice Relating to Office of Profit” by P D T
Achary; Bharat Law House Pvt. Ltd. Ed: 2006-1st edn.
•“Challenges to Democracy in India” by Rajesh M. Basrur (Ed.),
Year: 2009, ISBN: 0195698533