Sunday, February 14, 2010

State of the Indian Judiciary

The people of India always had a very high regard for the judiciary, at least for the higher judiciary (read Supreme court). It was perceived as the last resort of justice for anyone including the poor. Some of the legal innovations such as PILs (judicial activism) captured the imagination of the common public. It was a delight to watch the the judges treat the executive with contempt forcing it to take steps that it would have never taken. Be it the introduction of CNG buses in Delhi to reduce pollution, ordering the closure of industries that harmed the fragile environment or setting up night shelters for the homeless, the high courts and the supreme court played a great role. The supreme court is also known to broadly interpret the article 21 (Right to Life) to ensure basic facilities (shelter, drinking water) for the common man. With the ever increasing activism of the courts, they are bound to be held in high regard in the near future as well.

But there is this other side of the judiciary that is worrisome. According to some, it is increasingly getting insensitive to needs of the the poor, non-transparent, sloth and corrupt(at least at the lower levels). Many recent episodes have given credence to this view. If the justice Nirmal Yadav episode and the Ghaziabad PF scam exposed the corruption in the judiciary, the initial reluctance of the judges to declare public their assets and non transparent nature of working of the supreme court collegium has only raised questions about its accountability to the public. In addition, we have this average backlog of 15 yrs of cases that demonstrates how inefficient it has become over time. At this point, it is imperative to list some of the concerns that people hold about the judiciary.

1. For most, especially the poor and those residing in regions far away from Delhi, access to supreme court has become very expensive. Sometimes, they spend a lot of money to reach the SC only to find that their case had been postponed. It is advisable to open more cassation benches in various regions of the country to solve this inconvenience. However, latest reports suggest that the judiciary is averse to this recommendation. God only knows why!

2. We need a transparent manner by which judges are elevated to the higher judiciary. Preferably a national judicial commission consisting of eminent people from all walks of life need to be set up. This body should also be entrusted with the promotion of judges.

3. A separate body or the above one could act as the institution to receive complaints from the public regarding any grievances associated with the judiciary. If only such a body existed, revelations about Mr. Dinakaran would have been out in the public domain even before his proposed elevation.

4. Transparency is the key to effective governance. Unfortunately, the judiciary considers itself above everyone when it comes to subjecting itself to intense scrutiny from the public. The reluctance of the supreme court to bring itself completely under the umbrella of the RTI has been disappointing. In this regard, the recent judgment of the Delhi court that the CJI comes under the ambit of RTI has been a silver lining. I only hope the the SC doesn't appeal the case and end up judging its own cause.

5. It has been observed that cases handled by the top advocates have a greater chance of moving through the system quickly. So much for a state that professes social justice.

6. The SC, of late, has increasingly ruled against the poor and the workers. This has been observed recently by none other than a couple of SC judges - Mr. Ganguly and Mr. Singhvi.

7. Increasing allowance of Special Leave Petitions has been one of the major causes of the huge backlog of cases. SLPs let the litigants prolong the duration of the cases. Note that it is only the rich that can afford lengthy litigation processes. Also the SC tends to produce conflicting precedents. This only encourages the lawyers to try their luck at the SC.

8. There is an increased concerned about the quality of judgments delivered by the lower courts.

9. Corruption in the judiciary is a major concern. It is difficult to remove the judges through the impeachment process. Evidence? Since independence, not even one judge has been impeached. We need to set strong deterrents so that judges behave in an honest manner. Also not everyone who censures the judges should be held for contempt. This process has to be resorted only in extreme cases.

10. Of late, there have been concerns that the judiciary has encroached upon the sphere of the executive and the legislative(via PILs etc).

We need urgent measures to save our judiciary from losing credence in the eyes of the common man. This is probably the only branch of the government that people still trust. We need to restore faith in this great institution for a better India. Jai Hind!

8 comments:

Anonymous said...

[b]Set software LoveBots v 5.2[/b]

All for a mass mailing dating http://24lux.ru/

The script is written in php5

Features:

[i]registration, account activation
manual input captures, or the solution through antikapchu
filling data accounts:
- Gulf desired photo
- Инфы about yourself
- Diary
- Sexual preference[/i]

gulyalka on questionnaires spammer on lichku
- Randomization Posts: replacement of Russian letters in Latin analogues

optimized to work in a continuous loop
check-activation-filling-spam check ..

Updates and support free of charge.

Price per set 100 wmz

For the first 10 buyers price 70 wmz (your feedback on the software).

For shopping I ask in icq: 588889590 Max.

Scrin program:

[IMG]http://i066.radikal.ru/1002/9d/a7a68e8c96ee.jpg[/IMG]

[IMG]http://i054.radikal.ru/1002/19/9db76967c0e5.jpg[/IMG]

[IMG]http://s003.radikal.ru/i202/1002/24/20716e86512e.jpg[/IMG]

Flooding in the subject no! Write to feedback after the purchase.

Anonymous said...

Good day!

Let me introduce myself,
my name is James F. Collins.
Generally I’m a social gmabler. recently I take a great interest in online-casino and poker.
Not long time ago I started my own blog, where I describe my virtual adventures.
Probably, it will be interesting for you to read my notes.
Please visit my blog. http://allbestcasino.com I’ll be glad would you find time to leave your comments.

太可怕 said...

淫婦淫妹淫叫淫水淫女情慾情色做愛限制級波霸口交18禁貼圖寫真視訊援交露點爆乳潮吹裸體裸照裸女愛愛無碼尋夢視訊聊天a漫a片a圖一夜情一葉情人妻激情情色寫真

Anonymous said...

It isn't hard at all to start making money online in the underground world of [URL=http://www.www.blackhatmoneymaker.com]blackhat methods[/URL], It's not a big surprise if you have no clue about blackhat marketing. Blackhat marketing uses little-known or misunderstood methods to build an income online.

辰原 said...

小聊天室彰化聊天室豆豆聊聊天080人聊天室尋夢元聊天咪咪色貼咪咪情色區哈比成人網金瓶成人影片交流區金平梅近親相姦免費影片松島楓看波波貼圖區波波線上美女拳波波線上遊網波波線上戲網波霸美女貼圖區玩女人視訊網玩女人試看片玩女人影片直播色情片直播免費影片芭比成人情色花王影片哈比淫色網哈免費小遊戲洪爺色情免費影片洪爺色情網站影片洪爺色論壇洪爺免費直播片學生妹做愛自拍影片夫妻聯誼視訊美女豆豆聊天室

Marshall Lynch said...

nice blog,really interesting.
Edina MN Realty|Minnesota Real Estate

American Flags said...

Wow! i love your blog its awesome, you must have did hard work on your blog!...keep posting!



House Cleaning RI

Azzam Algiva said...

Free Download Software and games Terbaru

Facebook Page: https://www.facebook.com/AlgivaShare

website: http://www.algiva15.com/

Google+: https://plus.google.com/+Murusawatechplusgoogle

RSS: http://www.algiva15.com/feeds/posts/default?orderby=UPDATED