Any attempt at reform of the court system must essentially take on the dilemma of the delay and backlog of cases with an analysis of the causes and consequence of such delays in the court system. Reform measures also need to address court system reorganization, modernization and the strengthening of its administration, to allow for better case flow management; alternative…
Srikrishna, B. N. (2008) "The Indian Legal System," International Journal of Legal Information: Vol. 36: Iss.2, Article 8. Available at: http://scholarship.law.cornell.edu/ijli/vol36/iss2/8…
inescapable. Mahatma Gandhi once said that, "There is a higher court than courts of justice and…
Whereas, the judiciary systems are there to secure the people’s equality, it’s not always certain that they can. However, individual’s rights have been infringed upon in the judiciary system. These infringements are impartiality in the courts. Hence every individual is innocent until otherwise. The people should follow within in the jurisprudence in each step of the systems of being tried.…
Our justice sector is divided into two parts viz.formal and informal sectors.Court system is within formal sector. Article 35(3) of the Constitution of Bangladesh laysdown,"Every person accused of criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law”. In the context of the administration of criminal justice system, it has a dual significance as because 'justice delayed is justice denied' or 'delayed justice is an infliction of injustice in the name of justice'. In our country justice is always delayed due to procedural drawbacks. So, we cannot expect a desirable outcome from this faulty delivery system. The prime reasons for these are: lengthy investigation process, outdated recording of evidence, corruption in…
One of he most difficult and burning problems in administration of civil justice is of delay. The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits. three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff, lawyers and judges. In criminal cases, however, investigating officers may also be responsible for the delay. Although judges cannot perform their functions without the active co-operative of court staff and lawyers. They can eliminate delays in the disposal of class by effective supervision of the functions of the court staff and by checking delaying tactics of lawyers. Delay in justice is a important factor undermining public confidence in the judiciary which is crucial to judicial independence and accountability. Although speedy trial is a Constitutional right in Bangladesh, our domestic legislation as well as procedural laws are outdated and not cooping with the increasing volume of cases which failed to meet the present needs of the society. The facilities in respect of management of courts are not adequate.…
The Sabarimala ban case, delineates the complex and delayed justice delivery mechanism in the Supreme Court resulting in the subversion of the very motive of “justice”, as popularly quoted, “justice delayed is Justice denied”.…
In a developing country like India, with uneducated masses, conditions of abject poverty, where the awareness of socio-economic and ecological problems in lacking, the judiciary has to play an active role to protect the people’s right against the anti-people order by infusing confidence in people as a whole for whom it exists, for as rightly put by Justice Lodha, “Judiciary exists for the people and not vice-versa.” Judiciary therefore cannot sit in silence and helplessly but must come forward actively to make good the deficiencies of law and provide relief wherever and whenever required.…
There are as many 3.2 crore cases pending in our courts . The number of pending cases may be due to many loop holes in our legal system , these loop holes are known to us but some of them cannot be dealt with because of stringent laws , moreover to face them and to reduce the number a new thing came into being known as ADR ( Alternate Dispute Resolution ) system which as the name suggests is an alternative system to the commonly followed litigation system which is time consuming and sometimes doesn’t provide a common judgment which may be in favor of both the parties. Therefore an act came up in year 1996 known as ADR act 1996 which empowered with a parallel legal alternative which was followed In the U.S.A.…
The article “The Courts and the legislature in India” by Phiroze K. Irani talks about the conflict between the Judiciary and the Legislature, the two of the three pillars of India.…
ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled powers to themselves. Courts are important element of governance, and the relationship between the Courts and other agencies and between Courts and citizens are essential to constitutionalism. Thus accountability must be comprehensive to include not only the politicians, but also the bureaucrats, judges and everyone invested with public power. Accountability is the sine quo non of democracy. Transparency facilitates accountability. No public institution or public functionary is exempted from accountability although the manner of enforcing accountability may vary with the nature of office and the functions discharged by the office holder. The authors shall focus on various areas relating to judicial accountability of not only judges but also those who are vested with the power. This paper also intends to cover various wings of issues like; Firstly, the need for accountability accountability, Secondly, structure judicial accountability in notion to separation of powers, Thirdly, the new amendments introduced in Judicial Standards and Accountability Bill, 2010 and its policy consequence. And lastly the authors intend to conclude the paper with recommendations as well as enlighten on Judicial Accountability vis-a-vis Right To Information. per-se and analyse on judicial independence with…
at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It is common knowledge that unless the foundation is strong and firm, one cannot raise a tall edifice on it. The Subordinate Judiciary is the root of our Judicial system and each one of you should strive hard to inspire confidence in the society that they would get Justice. With these words let me proceed to the topic for the day. The Judicial Academy has classified the subject allotted under the head - General Topics. Though I may not strictly agree with such classification, it is to be noted that though the topic would appear to be general in nature, its roots are deeply embedded and its forms the basis for administration of Justice which is so essential to preserve social order and security. I am aware of the nature of litigation which would be assigned to a Civil Judge Junior Division and it is all the more essential that all of you observe the principle in both your Judicial as well as your Administrative work. For the sake of convenience I propose to analyze the topic – Principle of Natural Justice under the following heads. 1. The Principle and its essential elements 2. How the name came ? 3. How it developed over the years ? 4. How and where it has to be applied ?…
P P RAO, ACCESS TO JUSTICE AND DELAY IN DISPOSAL OF CASES 208( Indian Bar…
Human Rights — what are? ---- Human rights are not conferred by any ruler, constitution or statute. A human being is born with human rights. Giving new…
‘Justice delayed is justice denied’ – a much quoted line the world over. As I look at the variety of criminal cases involving high profile people, I see that they tend to move quickly and gain positive results, mostly in the favour of the defendant. Recently, the powerful banker Mr Dominique Struass Kahn was involved in allegations that led to his public demise. Only a few weeks back, it looked like an open and shut case, but since then a steadily falling house of cards has been unravelling and the alleged victim in this case has been weakened, perhaps in some small part by the sheer force of the powerful who she spoke out against. Nobody is bothered or sheds a tear when an ordinary person comes under the scanner and is convicted, falsely or not. But when powerful politicians or other influential people come under the scanner, rules are bent and a way out is found to safeguard their interests.…