Review of Proposed Judicial reforms straight away needed in India

JUDICIAL REFORMS ARE  THE BACKBONE OF  A REAL DEMOCRACY

Judicial reforms:-

- "Justice delayed is justice denied" is the maxim visibly felt in our vast country with enormous backlog of  litigation . From the highest court to the lowest courts pendency of large number of cases has been a matter of serious  concern .

Most   of  Political    parties  don’t  understand  the  fact  that   Judiciary's failure is the biggest cause of corruption in government & administration. Reform judiciary first, and 80% of government corruption will disappear.

Today if a common man wants a lawyer to represent him in either the Supreme Court or a High Court, he needs lakhs of rupees to afford legal representation. Justice in India today is so expensive that it is out of reach for a common man. The only way a poor person can appeal to the highest judicial courts is if some lawyer agrees to fight the case at nominal cost. This means that you can have justice in India today as a charity, but not as a right.

This is not the justice for all that is envisioned in the Preamble to the  Constitution   of India. Access to the highest level of justice is a fundamental right of every Indian and should be made easily available to the common man. Our  aim should  be to implement long overdue judicial reforms in order to create a judicial system easily accessible and affordable for all Indians.

I   highlights some of the important judicial reforms to  be  implemented  immediately.  It outlines briefly the process of   INDIAN   judicial reform and its modern evolution. It discusses the practical ways by which the performance of courts   Can  be  enhanced and its pragmatic approach towards ensuring that the courts are  both efficient and user-friendly. Many of the reforms of the Judiciary were directed from the Indian  Constitution.

We must consider  an independent judicial system as a  corner  stone  of  our Constitutional  democracy and the  guardian  of  the    rights  and  liberties   of  our People  and  the  values  of   our  Constitution. A  sound  judicial system  is   also  central   to   our    economic  growth  and   social transformation. We must  “periodically review and refine/ scrap outdated laws”, which could sound like stating the obvious and is surprising only for the fact that no one has been  listening to the Law Commission for the last couple of years.

I  Highly  recommend  installing CCTV cameras in  All  Court  Rooms(Supreme Court, High Courts and District Courts , Tribunals, Special Courts, Alternate Dispute Resolution Center and various other forms of Courts ) to ensure transparency in judicial system. 

Ensure  timely justice to all at affordable cost ; Expand the judicial system; Constitute National Judicial Commission; Bring suitable amendments to Indian Penal Code (IPC) to do away with sedition clause and other draconian provisions; Ensure transparency in appointment of judges. 

In obedience to the   Indian  Constitution  the judicial system and judicial process in  India  has to be  streamlined. The Judiciary is  required  to  be   continuously undergoing change: courts be  modernized, judicial quality improved through training, court procedures simplified and accountability enhanced.  Consequently, court cases in  India  can  be  efficiently dealt with as a result of the  proposed   structural and institutional reforms.

1. Procedural Reforms

In the modern era of judicial mechanism and management, the   Indian  judicial system must   recognize  the significance of having a simplified procedure in both civil and criminal cases. In the absence of any specific external influences on the   Indian  Judiciary  And  legal system, India  Can  be  able to introduce a system appropriate to both the courts and its users. It reflects the ability of the judiciary to mould the system to correspond with the contemporary values and the emerging needs of the  Indian  Democracy  based on our rich heritage of dispute resolution  by  Mugal Emperor  Jahangir .

In fact, Jahangir  was determined to dispense justice fairly. One of his earliest orders was the setting up of a "chain of justice" made of gold. Anyone who  failed to secure justice might pull the end outside the Agra fort in order to draw the attention of the emperor so that the latter might redress his grievances.

Indian  courts  must   maintain and uphold the law in what is called a “serviceable state" keeping in view the community aspirations.

In addressing the procedural reforms I will not focus on the Civil and Criminal Procedure Code, which undoubtedly established the formal foundation of contemporary procedural law. Rather, I will highlight the procedural simplification and its impact on resolving cases much faster and more efficiently for the litigants. Simplified procedure enables the courts to address time management and introduce reformative hearing calendars for judges. The  cost of litigation has  always   been a substantial issue in  India, procedural reforms  would result in improving public confidence, accessibility and help in the reduction of the overall cost of each case.

1. a) Simplifying procedures for Litigants

Complex rules, unnecessary and prolonged arguments are avoidable and the Judiciary has   to  endeavor  to encourage simplified actions. The  Judiciary  has  to  continuously review the hearing system in light of public requirements.  If   our courts have become more user-friendly and efficient, then  most people deem it appropriate to turn to the courts to settle their cases.

The procedure for filing complaints or  applications  must  be  simplified. All  applications  must  be  lodged through the use of simple forms. The litigants  must  be  entitled to represent themselves in court and have the option of preparing a case without relying on the services of  an  Advocate  in  Local  Language. This  provision  would  bring  our  citizens  much closer to understanding the judicial process. Retaining an option for the litigants to waive the right of the services of a legal counsel   will  prove  effective and less expensive.

Introducing simple forms avoids unnecessary issues and repetitive arguments. They aid both the parties to the case and the Court to identify the key issues of each case. It enhances transparency and accountability in the judicial mechanism. While forms for civil cases   should   be obtained from the Legal Units at a very reasonable price, the forms/applications   associated with criminal trial  must  be   provided free of cost by the concerned courts. The public  should  be  also  able   to download forms from the website of   Concerned  Court/Courts.

1. b) Simplifying procedures for the court

The procedural reforms in the courts are directly linked to preventing delays and ensuring the efficient and effective delivery of justice. In setting up the standard of performance, trials or hearing processes   should  have been streamlined in line with the new  proposed   Procedure Code. The exhaustive hearing  process  must  be  geared to address the potential danger that an oversimplified or a short abrupt hearing does not override the minimum requirement of the standard of justice.

The Indian   Judiciary   should  believe  in the efficient use of time by guiding the litigants but without unnecessary interruption in the hearing process. The judges must  play an active role in the hearing rather than just being a mere spectator and refereeing  and  postponing  the case. The judges before the trial  commences  must  inform the litigants that questions may be asked for determining certain facts or evidence presented by them. This allows the litigants to prepare for any questions asked and avoid surprises by the court in the proceedings.  So that   From the commencement of the case litigants are aware of their legal rights to settle their case at any stages of the proceedings. Settlement and withdrawal of the litigation may be made even at the last minute but before the case is settled by the court. This process, although it does not restrain the court from passing judgments, helps the parties to reach a settlement once they are aware of the strengths and weaknesses of their case.

Another important aspects of the procedural reforms are summary cases and  rendering  summary  judgments when the matters are not disputed but for the want of compliance supported by judicial sanction. Default and ex parte judgments also  must address the prolonged issues of judicial non-compliance. Other simplified substantive  rules  must  be  explored and updated with the aim to enable people to structure their  behavior  in reducing their chances of using the formal legal system as the ultimate destination.

While the Judiciary   must  consistently seeks to introduce and maintain simple rules and procedures that are easy to enforce, a balanced approach has to be maintained to avoid any overt procedural rigidity.

III. Hearing and case management

Hearing calendars explicitly link the management of a case to a particular judge, making judges accountable to adhering to the dates of the hearing. The Judicial  System  must  broadly stipulate  stages of hearing so that the manner by which the hearing will be conducted, awareness of submissions during the hearings and reminder of necessities of submissions and elimination of repetition are maintained. The hearing calendar permits the litigants and the  Legal  Counsel   to proceed with their case pre-prepared, with a fair opportunity to present evidence, and allows the hearings to be held as scheduled. The existence and the need for sound procedures allows for upholding important procedural rights of the litigants.

The hearing process and the management of the cases in the courts  should   have the following implications:

(a) Time taken in the courts  has  to  be  reasonable. If the present trend continues, people will be happy and public confidence in the judicial system will be enhanced . 

(b) The hearings process  is  required  to  be  transparent. In each stage of the hearing, the court  must  allow parties to exchange copies of statements or deposition, determine discovery requests, lists of witnesses and request for judicial investigation.

(c) The   Indian courts   should  sought to eliminate  Frivolous  cases that  are  sub-judice (pending) for  Twenty Four  months or more .

(d) The hearing system  must  be  effective and efficient. Repetitive and time-consuming arguments  should  have been significantly reduced. Conversely, hearings   has  to  be   systematic, exhaustive and satisfying.

 (e) Every court  must  have  Forms  and   Bench Books with instructions, functions, responsibilities and job description of the judicial staffs. The forms and the maintenance of the Bench Books allow accountability and transparency of judicial proceeding when all the records of hearings are reflected in the   judgment.

1. The formulation of Judgments

There   has  to  be   the forms of almost all types of judgments enabling  the courts to follow uniform processes in rendering judgment whilst ensuring the wisdom and experience of each individual judge is maintained through the passing of reasoned judgements supported by law and evidence.

Handing down a written judgement is a means and tool for communicating effectively with the public what the judge has to say in a particular case. Reasoned judgment enables both winning and losing parties to comprehend the reasoning of the courts as well as the public at large  specially when the judgments are reported through media. The handing down of the copies of judgments makes the court accountable and will promote greater transparency in the judicial system. Finally, written reasons for   judgment allow for parties to appeal  Against  the  judgment, and for that appeal to be heard expeditiously.

1. Judicial Evaluation and Accountability

Judicial   evaluation  should  be  consistent and continuous approach to  be  adopted by the present Chief Justice of  India.  The evaluation  must  be  coordinated by the Registry division and the data analysis and monitoring done by the IT and Research divisions of the  Supreme  Court  &  High Courts. Records of performance of each bench  clerk  must  be  compiled on a weekly basis and the report be  submitted to the High Court/s   And/or Supreme Court.

 

Case status reports of the individual courts   must   be   submitted on a  fortnightly   basis and  bi-annual case reports must  be  compiled and generated. An annual inspection of each court  must  be  conducted under the guidance of a Team  of  senior judges  from the High Courts  and Supreme Court  which assesses performance and seeks to ensure consistency and uniformity in the application of  procedure  and hearing process. The inspection team must also  carry  elaborate but simple forms and questionnaires for the evaluation process to encourage improvement and to inspect the standard. This transparent system helps to maintain good relationship between the courts. The cross tabulation from the Case Information System  would   expose various lapses for fairness and due process.

 

The   Judiciary  must   conduct an annual judicial conference for all the judges of the Supreme Court  as  well  as  High courts. The annual conference provides a common forum for the judges to address and discuss issues. Annual case statistical reports are presented in the judicial conference, which monitors and evaluate both the individual and overall performance of the courts. The judiciary  Should  initiate  the regular publication of the case status report through  Official  Judicial  Gazettes  in  all  local  languages. Dissemination and publicity of this system encourages the court officials to maintain the procedural  improvements and promotes public awareness.

 

The comparative assessment of each  court  would  also  enhance  accountability and ushered in a strong desire by judges to ensure the ongoing improvement of their own performance. The resolution of the judicial conferences mandates the judges to curtail excessive and undue delay in cases. In terms of tracking the delay, the  cases  must  be  broadly divided into two categories. The cases that are solved within  120 days and the cases those take more then 120  days. Almost all the criminal cases are  to  be solved within 120  days. This measuring yard stick in the courts would   sensitize   the judge in fact finding as to why the cases take more than 120  days and are able to address and give specific attention to the old and backlog cases. Further, the follow up of specific cases reduces times to disposition of cases not only because the judge in charge is more familiar with it but also because judges feel more accountable.

 

There  by   ability of   All  Indian   court to generate accurate statistics  would  also  help to reduce delay because judges care about the numbers. Statistical accountability for the judges' case-by-case basis   will   undoubtedly increase judicial efficiency. It   would  also   help   the assessment and rating of judges relating to independence, legal ability, impartiality, case and staff management skills. The maintenance of judicial database also makes cases easy to be tracked, safeguard against loss, manipulation and curb “sloppy procedures" and corrupt practices.

 

1. Introducing Information Technology and computerization,

The  computerization   of  All  the courts  will  also enable  unparalleled procedural and managerial reforms to take place in the  Indian  judiciary . The use of computers for judicial process   will   be acknowledged for ensuring that judicial services are faster, better, easier and more efficient. The maintenance of forms and records  also  enable  the courts to store and share information and data.

 

With the  Exclusive  judicial website, our courts  Can   be linked with global networks and be able to share information and knowledge. It is highly  recommended  & expected to provide facilities to establish networks between the  All  courts in  India. The case information reports from the district and other  Sub-ordinate courts  has to be  submitted through e-mail. The use of the Internet will mean that the courts will be more transparent, and we hope better able to communicate with the general public , Litigants, legal counsel and the general public alike will be able to browse case information and reports. It will provide a forum to disseminate information and educate people about the legal process and importantly, about current and new laws. Overall, electronic access to court records will further boost judicial professionalism, accountability and transparency.

 

VII. Professionalism and Legal Education

The Judiciary  must   over recent years through on-going judicial education of the judges and judicial staff sought to ensure judicial efficiency and professionalism. It is necessarily important for any legal system to safeguard public trust and confidence in the courts. However, legal education is not limited to court officials alone. The judiciary should   be familiar with   the importance of disseminating information to the law enforcement agency and to general public. This is essential for, “..the public could not be expected to look to the courts with confidence if they did not know what the courts did".

 

The   judiciary  should   take up   a two-prong strategy in a move towards ensuring judicial professionalism. One is the training of young lawyers by sending them for LL.B and LL.M  programmes  and the eighteen months post graduation in National Legal Course  of  repute.  Another is the in-service training programme offered to Judges and the judiciary staff by conducting regular training  programmes, workshops, seminars as well as the annual judicial conferences.

 

VIII. Reforms through research

The research and training division of the High Court  should  conduct  research, which forms the basis for major judicial reform. For any organization in the contemporary context, research is crucial for development and progress. Analytical research enhances credibility for an institution and gains public confidence. The ability of a judiciary to control its own practice and procedure through research based upon sharing information is an important feature of judicial transparency and improvement.

 

Over the past decade the research has been particularly focused on a few key areas only  VIZ;   Research in legal terminology and legal language, Court etiquette, the physical structure of court buildings, the design and symbolism of the courtroom.  Major research on legal terminology has  to  be  carried out and enshrined in our laws. There is a demand   by the scholars that the High Courts  And  Supreme  Court    should now publish a legal dictionary.

 

1. Institutional Strengthening and Structural Reforms

It  is  the  need  of  the  hour  that  With the initiation of the drafting of a written Constitution under the command of Prime  Minister  of  India  and  President  of  India , the need for structural reforms including; the establishment of the Supreme Courts Benches  which is expected to be the highest appellate Court in the  India. With the Supreme Courts, the Judiciary may urgently need to strengthen its capacity in terms of human resources development and legal framework for further strengthening the Courts within the ambit of the Constitution.

 

The establishment of the Supreme Courts  may further need to equip the  High  Courts  with additional judges and judicial manpower with other components of facilities for the  fulfillment  of minimum standard of facilities to effect full functioning of the Courts.

 

Resulting from the increasing numbers of urban population and litigation, the High Courts  had to expand from one to three benches and even proposed for further increasing to five-division bench by the National Judicial Commission.  Other   district  and  lower  Courts in  All  Districts on priority may have to recruit additional Judges and manpower which may further need to create infrastructure and facilities.

 

1. Conclusion

The Beginning   of judicial reforms in India  is the ability of the judiciary to address various challenges from internationalization,  political and economic transformation and new technologies. The opportunity to confront such challenges demonstrates the dynamism of leadership and willingness to adopt and accept changes.  Initiating and instituting judicial reform is not a one-time crash program or a piecemeal adjustment; it is the consistent and sustained approach adopted over the past few decades. Any good system must ensure stability, continuity and adaptability to a changing environment. Progress and development are the dictates of the judiciary's relentless efforts, to create a sound legal environment backed by public confidence. The courts in delivering judicial services Should   have made the courts significantly more user-friendly, enabling the judiciary to deliver justice undiluted right down to the grass root level. In  India , our strengthened and enhanced legal system   should  be  directly linked to the wider need to ensure an environment conducive to the economic growth and development of our country.

 

No system is without its shortfalls. However,  recognizing  our weaknesses is an important foundation for reform. If anything would have helped to modernize and reform our courts, the credit goes to those they believed that change doesn't happen overnight. The choice between the status quo and reasoned reform is difficult.

 

However, we  should  at all times   strive  unendingly   for   transformation of the judiciary  in  India   and the steady emergence of a strong , independent judiciary, which will continually review its performance to ensure that justice is efficient, impartial and timely.