2. Introduction
• India is the largest Democracy in the world this not only gives us
great strength but also provides many challenges.
• Untimely justice is one major factors in the slow progress of our
country.
• It is often said that “Justice delayed is Justice denied”. It also
means that delay in dispensing legal justice amounts denial of
guarantee to ensure remedy.
• Legal justice may be defined as the process for the protection of
rights and punishment for violation of legally recognized rights.
3. Introduction
• The existing laws may be responsible for reshaping the State in
future. If laws are reasonable and implementation prompt net
result will be a strong state.
• If justice is not punctual it will cause disregard to legal system and
no faith in the administration of justice by Government.
4. Introduction
• It encourages wrong doer to take chance of escape and ensure
fruitful results of their wrongful actions. The opponent who is
comparatively weaker will either compromise in terms dictated by
the wrong doer or will loose all remedies.
• The Justice Delivery System (JDS) basically involves judges,
lawyers, police officers, forensic experts and also executive
officers of other wings.
5. Challenges in legal system
• The biggest challenge that the justice delivery system faces in India is
the problem of huge backlog of pending cases.
• As on March 2012, 59,368 matters were pending in the Supreme Court
• Number of judges in the courts are very less in comparison to the
number of cases.
• As on March 15, 2012, the Supreme Court had six posts of judges
vacant against sanctioned strength of 31 posts. The number of posts of
judges vacant in country’s high courts was 270 against sanctioned posts
of 895
6. Challenges in legal system
• Number of judges in India per Million population is about 12-13 judges.
Corresponding figures available for USA is 107, for U.K is 51, for Canada
is 75 and for Australia was about 41 about 12 years ago.
• Lack of latest technological equipment in courts and reliability on old
and outdated systems.
• The per head load in terms of average number of cases for disposal
per judge per year in the high court was determined at 2324.
• A notorious problem in the functioning of the courts, particularly
in the trial courts is the granting of frequent adjournments,
mostly on flimsy grounds.
7. Challenges in legal system
• Poor people cannot afford the fees of lawyers and hence are not
able to get to justice.
• The legal procedure is so lengthy that it cannot dispose of a case
early.
• Corruption is rampant in the courts, judges and lawyers are
bribed.
• Use of political influence to ward off the cases of high ranking
officials
8. Governments action
• A National Mission for Justice Delivery and Legal Reforms has
been set up.
• Fast track courts set up under recommendation of the 11th
Finance commission disposed 33 lakhs cases over a period of
eleven years.
• The Gram Nyayalaya Act, 2008 has been enacted for establishing
Gram Nyayalayas at the grass-root level
• Establishment of Lokayukta and Lokpals
9. Governments action
• Plan to set to set up All India Judicial Services Examination to on
the same lines as IAS and IPS exams.
• Crime against women Bill (Prevention, Prohibition and redressal)
2013 passed by the union government.
• National Legal literacy mission was launched by the National Legal
Service Authority for benefit of millions of poor and
disadvantaged sections of the society.
10. Suggestions for improvements
• Benches should be according to specialization and not state wise.
• Holding special night courts to clear backlog and improve
efficiency.
• Improvement in the Lokpall Bill to incorporate even the prime
minister to summon to the courts.
• Independent Investigating agencies must be provided with state
of the art equipment and training to carry out investigations
more precisely.
11. Suggestions for improvements
• Agencies like CBI must be given independent control and relieved
from government influence.
• Providing precise training to lawyers and senior judges in their
field of specialization.
• Government appoint a Presidential Commission under the
Constitution to review the functioning of the Criminal Justice
System.
• Stringent punishment should be provided for false registration of
cases and false complaints
12. Suggestions for improvements
• Use of Retired and additional sessions judges instead of
employing new one’s(Shift system in subordinate courts).
• More fast track courts must be set up to reduce the backlog of
cases.
• Mobile courts must be created which can access Villages and rural
areas.
• Application of the U.S Criminal justice system(Plea bargaining)
where in pleading guilty to a crime awards a lesser punishment to
accused than if proved guilty.
13. Facts and figures
• Eleventh Finance Commission recommended and sanctioned the
setting up of 1,734 Fast Track Courts (FTCs)
• During(2000-05) FTCs have disposed of 800,000 cases, compared
to the 500,000 cases that they were expected to dispose of in a
single year.
• Gujarat has introduced a shift system in subordinate courts from
November 2006. 60 evening courts have been held and 57,834
cases disposed of in over four months.
14. Facts and figures
• Up to 31st December 2007 more than 6,98,000 lokadalats have
been held in various parts of the country wherein 1,86,00,000
cases have been settled .
• The Law Commission stated that the number of judges per million
population should increase from 10 to 50.If 50 target is accepted,
this works out to an additional 98,000 judges.
• Orissa has a staggering figure of 13,568 judges and Madhya
Pradesh, Allahabad and Chhattisgarh also have numbers more
than 9000.
15. Conclusion
• That the present state of dispute resolution is unsatisfactory.
• Society changes, so do its values. Crimes are increasing especially
with changes in technology. Ad hoc policy making and piecemeal
legislation is not the answer.
• Legal system of a country is one of the most important Pillars that
supports it hence it must be strong, unbiased and entrust the
citizens in the meaning of democracy.
16. Thank You
• From team ‘mu’
– Stuti Pandit
– Hardik Vora
– Navneet Kaur
– Mala Bose.
– Hardik Makrubiya.