The judges will be welcomed with a dinner hosted by President Pranab Mukherjee on 4 April, and on 7 April more Delhi judges will meet with law minister Ashwani Kumar and Prime Minister Manmohan Singh to discuss recommendations.
Top of the agenda is the question of how to crack the problem of pending cases.
Also tabled are the fast tracking of judicial appointments and the setting up of more fast-track courts, for which the central government had earmarked Rs 2,800 crore ($514m), according to the Times.
A Times source said that the Chief Justice of India (CJI) Altamas Kabir was targeting to increase the number of judges from 18,871 currently to more than 30,000 within five years, having written to all high courts to lobby for doubling the bench strength in their states. Supreme Court projections estimate that at least 75,000 judges will be required in 30 years as the number of cases would increase to 150 million.
The National Court Management System (NCMS) under Kabir last year had vowed to rid the courts of cases older than five years.
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1. First and foremost is improve standards of legal education. Proper law colleges be set up with corporate or government backing. Knowledgeable competent law teachers must be recruited which is possible only if good remuneration is offered to them. Then Lawyers with teaching acumen would also come forward if they are offered good pay and perks and offer practical insights of justice delivery system. This way good law education would be taught and competent students would graduate.
2. Central and State government and their boards and corporations are the biggest litigants. They must offer good pay packages to their in house counsels so that knowledgeable law graduates and lawyers come forward to accept the jobs within the organisation who would be expert in handling the legal work and would not be tempted to promote or recommend frivolous filing of cases including appeals. Furthermore their panel lawyers must be recruited strictly on merit and must be well paid so that competent lawyers in their knowledge of law come forward to accept the briefs for the state and help in quick understanding of the matter and quickly assist the adjudicating court in disposal of the respective legal matters.
3. Recruitment of subordinate judges be based strictly on merit. Also number of posts be increased, recruitment process be made speedy and service conditions including pay packages of the subordinate judges be improved to encourage bright law graduates and young lawyers to join the subordinate judiciary. This in turn shall improve in quick disposal of legal cases and reduction in pendency.
4. Number of posts in High court and to some extent in Supreme Court be increased and just not be increased but also be filled speedily and strictly on merit so that more number of judges helps in reduction of pending matters. The recruitment process be made transparent, speedy and merit based so that competent persons are elevated to the bench and competency necessarily does not mean the volume of cases with the practising lawyer [everybody knows how cases are procured from districts]. And service conditions be improved including better salaries so that judges stay impartial and do not succumb to any temptation.
5. Special courts be set up with competent judges who are expert in the respective field to adjudicate upon landlord-tenant disputes, family property disputes, matrimonial disputes, money recovery disputes.
6. Motor Accident claim cases are one of the biggest contributors of cases. Traffic Police these days is inclined more to issue traffic violation challans then to regulate traffic. They need to be sensitised. More traffic challans lead to more cases before subordinate courts. Also Why must the aggrieved party have to file a motor accident claim ['MAC'] before MAC tribunal to claim damages towards injury to body or vehicle. Why must not the concerned insurance company be approached first and encouraged to give a reasonable award after taking legal opinion from their competent law officer. Only the ones who are not satisfied must then come to MACT. However as things stand today one has to file claim before MACT to claim damages to own person and/or vehicle or to of third party. This results in needless multiplication of load on existing judges. Also why must petty traffic challans for petty traffic offences [like red light crossing, overspeeding etc.] be referred to subordinate judges when some separate machinery can be created for their disposal.
7. Police recruitment is also very critical and quality people be recruited having basic understanding of criminal law so that criminal justice delivery system is not impaired.
8. Legal aid lawyers for criminal offence accused be offered good remuneration so that bright young lawyers come forward to accept their briefs and help in the quick disposal of the matter.
9. Advocate General offices of the state government must have competent knowledgeable lawyers [and not free loaders recruited on caste lines or political lines] who would help in assisting courts in speedy disposal of cases.
10. After looking at past experiences and identifying bottlenecks, the recruitment of subordinate judges as also of Hon'ble Supreme court and High Court judges be streamlined so that vacancies are filled up speedily. Prior calculation be made of number of judges superannuating in the coming year and exercise must be put in place for filling up the future vacancies in the year prior thereto.
11. Specialized courts be set up to deal with women related cases and for senior citizens so that speedy justice can be delivered.
12. High Court and Supreme Court benches be set up at different cities so as to bring justice to the doorstep of a common citizen. Some states have done that. More needs to be done.
To achieve the above a taskforce be setup comprising of legislators, retired supreme court and high court judges, leading academicians, corporate honchos with clear deadlines to achieve the desired objectives. Bottomline is 'recruitment' of Competent judges, of competent students who will become competent future lawyers, of competent teachers who would teach law properly is CRITICALLY IMPORTANT.
I started as a lawyer coming from a business family hoping to be part of a noble profession which is perceived as a pillar of a thriving legal system. However after twenty years I am a disillusioned man. Litigation in India can only be afforded by the rich. Justice is often so delayed it looses its significance for the claimant who if not has died has reached the evening of his life. Huge arrear of cases is being exploited by unscrupulous persons to take illegal possession of properties and then defend the same through false injunction suits. My mother even at age 75 is till fighting the system to get her share in ancestral property and I feel helpless despite my law background. However I still have hope of a retrieval. Otherwise dangers are well known. If remedial measures are not taken soon, then day is not far when people shall start taking law in their own hands which has now started happening sporadically.
I may add few more simple suggections with a practical plan. Judges all over India are over burdened. Avoidable responsibilities be shifted from their shoulders. In USA about 90 % cases are settled in the chambers of the lawyers by direct negotiation. Likewise let Indian Advocates nurse the concieved case ripe for delivery by the judge. Briefly the steps taken by the authorities will help open, effective and efficient justice delivery system;
1 Section 80 CPC be amended to make 'Direct Negotiation' mandatory in all Cases for one year to allow the parties to settle their dispute outside Court.
2 'Plea-bargain' be simplified permitting the accused to negotiate with the District Attorney directly to compensate the victim in lieu of less jail time.
3 There should be only Compoundable and Non-Compoundable cases. Compoundable with permission of the court be deleted.
4 H.C. & Govt. need to prepare lists of competent Advocates to work on need basis As Judges and Prosecutors, to clear the backlog and speedy disposal in the future.
5 Skilled Court staff be employed on contract basis to reduce after retirement Financial burden and to improve working of court quality and quantity wise.
6 Qualified Court Administrator should be entrusted with the general working Of the Court system, leaving the Judges to concentrate 100% in deciding cases.
7 Qualified Financial Administrator should be appointed to minimise expenses, Collect funds, fines, costs and forfeitures. Judges only to decide the cases.
8 Judges must strictly enforce provisions relating to fines, forfeitures, and costs.
9 Private Bail bond agencies be authorised to furnish bail/surety bonds for release Of the detainee without the need to get it again authenticated by the Court.
10 Probation Officer may assist the Court in sentencing and in its execution.
11 Reformation Centers be opened to help the convict to avoid jail by doing Community service and pay for attending good behaviour classes.
12 Abscounder Apprehension Agencies be opened to arrest the abscounders on Commission basis. This will reduce the burden on the Court and the Police.
13 Rehabilitation Centers be opened to take care of the victim of the crime.
14 Private Security Agencies be hired to take care of courts' security system.
15 Private Service Agencies be permitted to serve summons/orders of the Court.
16 Private Secretarial Agencies be permitted to record evidence out side Court.
17 Private Employment Agencies be permitted to supply skilled temporary staff.
18 Continuous training programmes be introduced to keep knowledge updated.
19 Court and Case management systems be made efficient and effective.
20 Para-Legal Schools be permitted to train the employees working in the courts. This is benefecial to all the parties.''
Just discourage adjournments. Impose heavy costs. Motivate the lower judiciary to pass orders within set time frames.
If lawyers cant appear in multiple courts, then litigants will be forced to spread work evenly over other lawyers who have the time to dedicate to their clients.
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