o

  • Reply • Share › 

oo

IndiaIndium • a year agoCauses of judicial delay in India are:- Overload on existing judgesThe number of judges are very low given size of our demography. This causes overload on judges and hence the delay.- Redundant processesLarge amount of paperwork, rigid rules and archaic practices - Malpractices by lawyersThe rich and powerful hire lawyers who stall court proceedings by taking advantage of archaic regulations and loopholes in law. - Lack of Coherant DatabaseCurrently each court is an island of information; disconnected from the rest. As a result, no scientific data available to analyse the problem meaningfully (245th law commission).- Dismal ratio of admissions to disposals (1:50)Remedies+ Delaying transfer or retirement of judges until he/she resolves his/her pending cases. New cases may not be assigned to these judges.+ Constituting an All India Judicial Service to provide more number of highly competent judges.+ Establishing fast track courts for cases on sensitive issues like rape, corruption and high profile cases so that justice is seen to be delivered and people maintain faith in the system.+ Computerisation of court records and creating a coherant database of cases

so that they can be tracked easily.+ Recalling retired judges to clear backlog.+ Administering penalty on judges and lawyers invoved in long pending cases and providing benifits for fast justice delivery.+ Using alternate redressal mechanisms like Lok Adalats, Tribunals for dispute settlement.

o 4  o •o Replyo •o Share › o

o

nimish  IndiaIndium • 2 months agoone more pt related to police reforms has to be added as use of lie detector and polygraphy test can help in faster collection of evidence and thus in fast disposal of cases.Rechecking supreme courts involvement in PILLok adalats must be carried in large no. and frequently all over india to reduce burden on judiciary.More awareness about lok adalatsSetting up all india judicial services to recruit more candidates for post of judges.

  • Reply • Share › 

o

Rajasekhar Ch  IndiaIndium • a year agoGood work. Covered almost all the points.

"No fixed time frame to dispose the cases" could be added as a cause of delay.

  • Reply • Share › 

nimish  Rajasekhar Ch • 2 months agoi dont think it practical solution, there can not be fixed time frame as each case has its own pace to handle. Putting time frame may lead to tampering of justice.

  • Reply • Share › 

o

MS  IndiaIndium • a year agoA lot of crimes are being committed per day as the population size is very large.

  • Reply • Share › 

o

JS  IndiaIndium • a year agocan Frivolous / false PILs also be added ?

  • Reply • Share › 

VINEET  JS • a year agoPILs..contrary to the public perception..form a little percentage of litigation..hence i feel at the admission stage itself,frivolous ones are weeded out by Judges,,,if errors arise,then remedy is in enhanced levels of scrutiny at admission stages..but too much harsh stand may robe this novel judicial gift

  • Reply

• Share › 

o

Chutta nahi hai  IndiaIndium • a year agoComplexity of Indian Law could have been mentioned.

  • Reply • Share › 

IndiaIndium  Chutta nahi hai • a year agoThough I tried to touch it through 'archaic regulations', 'large amount of paperwork'. But yes, you are correct, more clarity is required

1   • Reply • Share › 

o

o

Aj • a year agoThe causes for the huge delay in justice delivery in India are :

1) India lower courts accept cases very liberally. The ration of cases accepted to disposed is staggering. 2) The number of judges per 1 lakh persons in India is very low compared to international standards. This creates burden on the judges and hence the delay.3) Prosectors use tactics to delay justice as a remedy instead of loosing the case.4) Due to high transport costs and delay in receiving notices, witnesses, petitioners and the accused do not attend judicial proceedings. This further delays the trial.5) Judges frequently use adjournments. Lack of confidence and competence among judges to take decisions cannot be ruled out. Hence, the need for an All India judicial service to improve the quality of judges.6) Judges are transferred without any consideration if the status if the cases they are dealing with. As a result, sometimes, a case which is in its final hearing will have to be restarted to a new judge.7) Inadequate infrastructure to increase the number of benches or try night courts.

The remedies to address this issue are :1) Constitution of an all India judicial service is the first and most important step.2) Use of technology to streamline data and quicker access of case history. This solves the problem of restarting trial proceedings for new judges.3) Improving infrastructure to increase number of benches and to start night courts.4) There has to judicial impact assessment for every legislation to analyse the litigation potential and accordingly fund the lower courts to deal with them.5) Removing distinction between plan and non plan expenditure will increase focus and funding on judiciary and other administrative reforms like police.6) Fixing time frame for certain cases. Establishment of special courts, fast track courts. Use of alternate dispute redressal mechanisms. Promotion of Lok adalats.

These are some of the measures to address the long standing issue of judicial delays and in ensuring quick and speedy access to justice for all Indian citizens especially the vulnerable sections.see more

o 4  o •o Replyo •o Share › o

o

Rajasekhar Ch  Aj • a year agoWell done.

  • Reply • Share › 

o

JS  Aj • a year agoThe salaries of judges are charged from Consolidated Fund of India, as prescribed in Schedule 2 of CoI (also Article 125) to provide immunity from influence of legislature

  • Reply •

Share › 

o

Rohit  Aj • a year agocan you please elaborate how removing distinction between plan and non plan expenditure will help? thanks

  • Reply • Share › 

o

IndiaIndium  Aj • a year agoYour first point:the lower courts accept cases very liberallyIsn't it important that they do so? Otherwise how can a person lacking resources hope to get justice? And even if they have to be referred to alternate tribunals, they have to be accepted first.Or if I have misinterpreted your point, please explain

  • Reply • Share › 

Rajasekhar Ch  IndiaIndium • a year agoI think your point right. Accepting the cases is very important but distinguish between the frivolous and genuine cases at first hearing itself may reduce the load.

1   • Reply • Share › 

nimish  Rajasekhar Ch • 2 months agoBut its easier said than done.

  • Reply • Share › 

gajender  IndiaIndium • a year agoReview mine also :)

  • Reply • Share › 

oo

Ola • a year agoConstitution under Article 21 has provided us the right to judicial remedy.- The 3 tier judiciary being the protector & enforce of law & constitution guarantees fundamental rights to citizens. - Diverse India have umpteen area which are vulnerable to conflict & fuelling to situation is its huge population.- Unethical practices by advocates who prefer extending the cases to keep the source of income sustainable.- Judiciary fundamentals are linked to due process of law i.e. it scope is bounded within the law & constitution which are dynamic, thus probability of change of law is always leading to rise of retrospective cases.- As per a analysis by private firm, oldest cases date backs to 1957 itself speaks the discrepancies in mechanism.- Lack of resolution mechanism is the major reason for burden of the cases. - All this mean is leading to judicial delay which ends as justice denied.- Remedies:1). Institutionalisation of resolution mechanism2). NALSA should be clear the cases in bulk as recently done.3). Increasing the number of judges in high courts and supreme courts.4) Reducing the number of days in summer vacation, which is followed since British days.

5). Constituting fast track courts and tribunals for resolution at source.6). Strengthening the internal grievance redressal system of local bodies and tax related issue where the cases reported are highest.7). Law to curb the unethical practices by advocates and making them accountable for delay.

o 1  o •o Replyo •o Share › o

o

Rajasekhar Ch  Ola • a year agoRemedies part is very good. But "causes of delay" needs some more work. The first two points (at least the 1st one) are not the causes of delay I think. I did not understand the 4th point. 5th point is unnecessary. If at all u want to write it, its better write it at introduction part. Could u please tell me what is resolution mechanism and how does it help in reducing the judicial delay.? I do not know it.

  • Reply • Share › 

Ola  Rajasekhar Ch • a year ago

thanks for the review ... i'll try to improve over the point ... Resolution mechanism are like 1). Lok Adalats by NALSA to resolve cases at pre-litigation stage and those pending in courts 2). Counselling mechanism where small cases can be discussed by public prosecutor at pre-litigation stage

  • Reply • Share › 

oo

iron man • a year agoReason for Delay -:

1.The institution of cases in the courts far exceeds their disposal.-Existing strength being inadequate.

2.Judge – Population Ratio--number of Judges is highly disproportionate to the population-The Judge- Population ratio in India is the lowest in the world.

3. State Government Related Delayseg.- delay in judicial appointments,lack of manpower needed for maintaing the system.

4 Poor infrastructure in the courts and absence of computerized records etc

5 No fixed period for disposal: There is no time limit fixed either by any Act or Code within which the cases must be decided

6 Role of Judges:lack of punctuality, laxity and lack of control over case-files and court-proceedings.

7 Role of LawyersLawyers are not precise; they indulge in lengthy oral arguments just to impress their clients.

Remedies -:

1 To start with the government, the Judges, the lawyers and litigants - all must have a positive will and strong determination to remove these ills from our system

2 Shift System

- existing court could be made to function in two shifts with the same infrastructure, utilizing the services of retired judges

3 Urgent need for filling of old vacancies and creation of new posts:

4 Litigation should not be Encouraged-The Judges should be very strict at the first stage itself

5 Expert AdviceThe court can take the help of management experts to schedule the cases for hearing in a day.

6 Fixing Time LimitTime limit should be set for hearing a case as also for giving decision.

7 More budgetary allocation to the judicial system.

Plz Review my answersee more

o 1  o •o Replyo •o Share › o

o

Rajasekhar Ch  iron man • a year ago3rd point in causes - appointment of judges and other manpower is not a state subject I think. I don't know it exactly. Rest is very much fine.

U and me studied the same material (some pdf) but u structured the answer far more better than me. Keep it up.

  • Reply • Share › 

oo

virtuoso • a year agoJudicial delays in India could be attributed to a number of reasons listed below:

- Large number of litigation. Pending of litigation create vicious cycle of delays for further cases.- Under-resourced judiciary. There is lack of adequate support-staff.- Heavy shortage of Judges at various levels. Appointments have not been in sync with the strength required. - Lack of standardisation, data classification and management systems.- Proliferation of many types of cases involving commercial, economic and technical issues require special efforts by generalist judges.

Remedies to address the issue of judicial delays require a number of institutional and technical reforms. Some of them could be-- Adopting administrative fixes like evening courts for common cases like those of traffic and police challans. These cases comprise of one third of the total in courts.

- Instituting NJAC at the earliest to remove ambiguities in appointment and to fulfill required strength of judges in higher courts.- Instituting special courts for cases involving commercial and other technical issues.- Promotion of alternative dispute redressal mechanisms like Lok Adalats and Plea Bargaining in less serious crimes.- Appointment of specialist judges in place of bureaucrats in tribunals for fair and speedy justice delivery.- Use of ICT for standardisation and prioritisation of cases. Currently cases are prioritised arbitrarily. - Use of innovative justice delivery mechanisms like video conferencing facility, providing informations regarding cases online.- Synchronisation of working of various levels of judiciary to examine current backlogs and regular updates on future litigations.- Courts in India can learn from western court systems of codification and proper standardisation.

Judcial delays lead to travesty and effective denial of justice. Proper and timely implementation of reform measures to do away with the delays is essential to achieve the goal of welfare of society. Combined effort of judiciary and different government machinery is the need of hour to ensure timely justice.

o 1  o •o Replyo •o Share › o

o

Rajasekhar Ch  virtuoso • a year agoSome more "causes of delay" could be added I think. Remedies part very well done.

  • Reply

• Share › 

oo

B@7m@N • a year agoJudicial delays are the prolonging of the justice delivery mechanisms in the court to an extent more than morally and fairly acceptable. While we as a society do believe that justice delayed is justice denied, but the reverse seems to be our grim reality.The inordinate delays are mostly caused due to 1. Lack of judicial personnel due to less recruitment than what is required and lack of proper infrastructure in courts.2. The prosecution and defense often indulge in inordinate debates. 3. Most of the cases are given less time and heard in a cyclic manner rather than lesser number of them clubbed as case after case basis.4. There is a lack of alternative dispute settling mechanisms. 5. Allegations of deliberately delaying hearings to serve vested interests of the parties involved or lawyers. 6. Archaic laws and rigid rules with loopholes well known are exploited to delay the process.All these causes are a question on our committment to deliver timely justice, a form of Article 21. Even the Law Commission says thsy scientifically it is tough to estimate all the causes for judicial pendency.Methods that can be employed to help the situation are 1. Increasing judicial personnel and improivng infrastructure of the courts.2. Petty criminal cases ( which are deemed to be of excusable nature) and civil disputes can be taken to Lok Adalats. Most of the cases pending are petty ones like fraud cheques, etc. 3. There should be a pre-hearing conference of the defense and prosecution sides to avoid innecessary objections during the hearing.4. We can have time limit on arguments just like in the US. 5. More fast track courts can be set up, with increasing capacity, to address urgent cases.

6. An all-India Judicial Service can be set up along the lines of IAS, to attract more competent people.7. Computerization of all cases and connecting all courts to a network backbone for quick reference.These will give our judiciary necessary teeth to cut through the pendency and keep future pendency at bay and hence restore the confidence of the citizen in our judicial system.

o  o •o Replyo •o Share › o

oo

Rajasekhar Ch • a year agoNo one dispute the fact that judicial delay is one of the major problem faced by the Indian judicial system. It takes almost a decade on an average to dispose a case. The Supreme Court stated that right to justice is a fundamental right and went to the extent saying that "justice delayed is justice denied."

Causes for judicial delay: 1. The no.of cases instituted in a day exceeds far more than the no.of cases disposed of by the courts.2. The judge to people ration is a dismal low in India. It is 10.5 judges for one million people. According to the Supreme Court it should be 50.3. Inadequate infrastructure and lack of computerization of records.4. Complexity of procedural laws plays a big role in judicial delay.5. Judges also have a role in causing the delay. Some judges come without proper preparation of the cases and some are very liberal to give adjournments.6. Lawyers seek frequent adjournments, they do argue for long times just to satisfy their clients. They do go for strikes for petty reasons.

Remedies:1. Judicial administrative reforms should be taken along with providing adequate staff and infrastructure by the govt.2. Standardization of cases and computerization of records help in a great way to reduce the delay.3. Pending vacancies of judges should cleared and new recruitment should be done immediately.4. Litigation should be minimized. Courts should distinguish between the frivolous cases and genuine ones at the time of first hearing itself.5. Others means of adjudication of disputes like arbitration, mediation and conciliation should be followed.

Judges, lawyers, litigants and the govt. all have a role to play to reduce the delay of justice. Only then the problem can be solved.

o  o •o Replyo •o Share › o

o

VINEET  Rajasekhar Ch • a year agogood one..add frequent adjournment issues,delay tactics adopted by defence,fixing of next hearing dates purely on rational bases rather than by being influenced from standing or clout of a eminent lawyer,use of ICT to decrease time slag of notice serving and reply as present system still relies on postal modes and according colonial times,plea bargaining for petty civil offences,separate integrated prosecution agency for government cases and coordination as present practice allows discretionary powers to govt departments to peruse cases thus allowing a breeding ground for corruption by inducing inaction/soft stand by colluding with defence lawyers. proactive steps to reduce litigation by govt as it is major litigant,fixing head of govt depts for

undue legal delays in concerned departments and linking of ACR to it,ADR

  • Reply • Share › 

o

Rajasekhar Ch  Rajasekhar Ch • a year agoPlz review friends.

  • Reply • Share › 

Srishti  Rajasekhar Ch • a year agoNice ans covered all pts...keep writing

  • Reply • Share › 

Rajasekhar Ch  Srishti • a year agoThank you very much.

  • Reply • Share › 

oo

Sunil Mishra • a year agoIt is often said that delayed justice is the denial of justice. Indian judiciary is plagued with extreme delays with the oldest case pending from 57 years. Many reasons can be attributed such as :

- Per day admission of New cases to Disposal ratio is much higher resulting in ever increasing backlogs.

- Judicial process is quite complex and cumbersome with many loopholes existing which further delays the process.

- Low number of judges given the huge backlog of cases pending.

- Lawyers use several malpractices to influence the judgement. It further aggravate the judicial delays.

- There is a lack of standardisation and coherent database to understand the pendency of cases.

Following remedies can be adopted :

- Fast track courts can be adopted for quick disposal.

- Seperate institutions can be set up for the disposal of Traffic Related cases.

- A mandatory computerisation of Records will help to form a coherent database which will help in formulating policies to solve the challenges pertaining to judicial delays.

- More number of judges can be appointed and more number of tribunals can be set up.

- A Vigilance squad can be set up to keep an eye on malpractices.

Judiciary is considered the third pillar of the democracy. By strengthening the judiciary, the confidence of the people in a democratic structure can be enhanced further. Immediate steps needs to be taken to counter the menace of Judicial Delays.

o  o •o Replyo •o Share › o

o

Rajasekhar Ch  Sunil Mishra • a year agoSimple and straight. Very well done.

  • Reply • Share › 

o

o

Gaurav Chandra • a year agoJudiciary is protector of Constitution as well as fundamental rights of the people.But Delay in the judiciary process minimize the very reason to provide justice.The delay in justice is almost like justice denied to Individual.It occurs due to the many reasons some of them have been discussed below..

>The first and the biggest problem is of the delay in disposition of cases.

>The less availability of man power of judges from top to bottom.

>Continuous pending of cases since decades overburdened further.

>Expensive fees of courts

>Many small cases which can be solved out court through counseling also pending.

>Lack of use of technology.

These are some the reasons which have been discussed .These can be overcome by proactive and appropriate steps such as:

>Formation of NJAC and Recruitment of judges in enough number in HC and SC as well as ower court.

>Judiciary manager should be there to scritinise the cases according to severity of it.

>Tribunals and Lok adalat can be promoted so the These cases which are not very severe in nature can be solved there.

>Maximum Time duration should be fixed for cases according to its severity

We can conclude that we should not resort in extra-ordinary hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the saying, justice hurried is justice buried is equally true. Therefore, sufficient, reasonable and due hearing of every cases with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience. In fact, the untiring efforts put by fear and flavorless Indian Judiciary is doing

commendable job of imparting justice inspite of so many difficulties, which created faith of public in the rule. Of law is a great achievement, which really requires deep appreciation.

FRNDS plz review...see more

o  o •o Replyo •o Share › o

oo

blackhawk • a year agoJudicial delay is a malady that not only causes adverse socio-economic and psychological effects on the litigant, but also impacts the economic development.

It is found that frivolous litigants including the wealthy ones use the law as a tool to delay their cases and defer punishment. A major portion of the cases lie in the subordinate courts. There are many instances of people being arrested over petty crimes, and then made to wait endlessly for their day in court. The filing of the charge sheet is held hostage to myriad political considerations. The excessive litigation by state agencies is also a cause for delay. But, the real extent of judicial pendency in India is nearly impossible to estimate as on account of an utter lack of standardisation in data classification and management systems as illustrated by 'The Rule of Law Project at Daksh'. This has hindered our efforts to understand the nature of judicial delay and the judicial process.

The 'National Mission for Justice Delivery and Legal Reforms', 2011 has taken several reformative steps such as computerisation, increase in strength of subordinate judiciary, policy & legislative measures in the areas prone to excessive litigation, etc. The establishment of Gram Nyayalayas under the

Gram Nyayalayas Act, 2008 at the intermediate panchayat level has helped to dispose of many cases by providing access to justice to citizens at their doorsteps. Traffic Lok Adalats can be established for traffic offences (minor violations), which account for over a third of all cases pending in the lower courts and separate courts for other minor offences, along with a separate procedure emphasizing upon a specific, methodical and time-bound manner of disposal of cases. In the absence of comprehensive remedial measures for the law-enforcement agencies, imposing time-limits would result in tawdry prosecution. Plea bargaining can be taken up. The excessive litigation by state agencies has to be controlled.

o  o •o Replyo •o Share › o

oo

Dr.Amol • a year agofew more points-corruption involved in judicial system-like both lawyers collaborating for extending the case.involvement of judges.unequal treatment to equal citizens example-salman khan case.as rightly pointed out by some people there has to penalty for delaying the case.salman case shows courts can act at lightening speed if they have will power.

o  o •o Replyo •o Share › o

o

o

Killjoy • a year agoEverybody knows the answer type of question. Yet no one seems to have mentioned reform in the legal education.

o  o •o Replyo •o Share › o

oo

Chutta nahi hai • a year agoMy answer.

o

o  o •o Replyo •o Share › o

oo

Jagdish • a year ago– 1) Weak and un-scientific investigation done by the police makes itdifficult for judges to decide the cases. Lawyers take advantage of weakinvestigation to drag on the litigation process. Implementation of policereforms after proper consultation should be implemented. The idea of separationof investigation from law and order function may be implemented. 2) Thepopulation-judge ratio of 50 in India is extremely high as compared to globalaverage of around 25. This calls for increasing the number of judges at alllevels. Need to build political consensus is necessary. 3) Liberal grant ofadjournments from the court. This can be rectified if reason of adjournmentshould be recorded and be made a part of appraisal. 4) Separate branches forspecific cases may be created in high and supreme court. Recently, social justicebranch is established with this viewpoint. This will ensure speedy trial ofrelated cases. 5) Most of the pending cases are from tax and traffic relatedcases. Adequate redressal mechanism such as increasing seat of authority of alternateruling may be done. MHA has taken a lead in this direction by opening two moreseats recently. For traffic cases, evening courts may be operated regularly,and cases related only to imprisonment be brought before court. 6) Justicedelivery system receives public expenditure of less than 1%. This needs to beincreased with infusion of IT services to track case details. NCMS launched inthe past was a good initiative but it achieved limited objectives. Lessonslearnt should be implemented in this regard. 7) Weak ADR is one of the main

reason for delays and pendency. Frequency of lok adalats and gram nyayalaya maybe increased. Quality of judge should be upheld to make them acceptable amongpeople.

o  o •o Replyo •o Share › o

oo

Brin it on • a year agoIndia is the second largest populated country in the world. It is very common to have disputes among people, Sometimes disputes are small and sometimes it’s related to a national issue. According to the data provided by the Rule of Law project of Daksh, a single case need 3-5 years to be disposed that’s because a large numbers of case pending in High courts and lack of infrastructure , technology and inadequate collation of case records. After consideration of the cases pending in high courts and the judges available to dispose it, and the amount of time they can spend time to resolve it which is 6 minutes approximately for a single case considering a judge hears 70 cases a day, it is quite obvious that there would be delay in judicial process. This delay is not something which could be analytical solved, it needs a proper system and technology to solve it. Firstly all the cases should be easily accessible to the interested parties so that the time spent in searching and collecting data would be saved. Secondly all the cases should be categorized in the least possible way, currently cases are categorised in 2,553 different ways if it is reduced to 300 ways it would be possible for the judges to differentiate between the cases and pass the judgement. Thus digitally collating case records and categorizing and promoting intermediate like religious or community leaders to solve local issues would help to reduce the number of cases pending in courts and Enable judges to dispose the case as early as possible

o  

o •o Replyo •o Share › o

oo

ethan hunt • a year agojudcial delay is the ever increasing problem of indian judicial system. these delays not only deprive persons from justice but also impedes the growth process of the country.the stagnated number of judges in courts, frequent transfer of judges, deliberated efforts to delay a judicial proceeding by the lawyers, inability of the poor to get legal aid, lack of infrastructure to integrate data across the courts, less number of courts and unwillingness of the judicial system to settle issues out of courts are the mmajour cause for the burgeoning number of pending cases in indian courts.It is said that justice delayed is justice denied. In an extended definition of the article 21, SC clearly spoke out that speedy justice is the right of citizen which certainly helps citizen to live a dignified life. the pity condition of under trials in jails is also associated with the delayed justice. according to one estimate the number of pending cases are increasing exponetially and with higher growth rate the number will increase at a higher rate if the causes are not intercepted in time. remedies of the problem lie in developing citizen friendly justice system. there should be more courts and benches not only across the country but should also be established in every nook and corner of the states. cases should be approached to higher courts on the basis of merits. institutional infrastructure should be provided in every court with integrated data base. the number of judges should be increased and so the courts. out of courts settlement to be promoted through nayay adalats and lok adalat system. seperate tribunals should be established to hear the cases which are technical in nature especially the cases related to the corporate secto/article 39 of the constitution put moral obligation on the state to provide

speedy justice and free legal aid to citizento the victims which wii certainly increase the diposal rate of the cases

o  o •o Replyo •o Share › o

oo

Sumit Dhiman • a year agoPlease review answer Words limit extendThe administration of justice does not deal with the punishment of the guilty alone; it alsomeans acquittal of the innocent. Fairness and speed are equally important in the administrationof justice. Speed serves the best interests of the accused, the survivors and the society atlarge.However, judicial delays in India are endemic. No person can hope to get justice in a fairlyreasonable period. Proceedings in criminal cases go on for years, sometimes decades. Civilcases are delayed even longer.Causes1.Institution of cases in the courts far exceeds their disposal. Though there is a considerable increase in the disposal of cases in various courts, the institution of case has increased more rapidly.

2.The number of Judges is highly disproportionate to the population 3.The state is also responsible for causing delay in the dispensation of justice. The government "contributes" to the problem of delay by its own lack of priority for matters relating to the administration of justicea.delay in judicial appointments

b.lack of manpower needed for maintaining an efficieny and reasonable legal system4.Poor infrastructure in the courts and absence of computerized records etc.5.There is no time limit fixed either by any Act or Code within which the cases must be decided and cases drag on year to years.

The alarming situation calls for speedy remedial measures. These should be practical and effective. These reforms should be capable of providing speedy and efficient justice which is accessible to the common man.1.Urgent need for filling of old vacancies and creation of new posts: Vacancies of judges in courts must be filled on top priority. 2.Reduce the backlog is that the quantum of cases coming to the courts must be reduced by treating them separately.3.Improvement in the budgets of the judiciary helps in the better working of judiciary.4.Efficient record-keeping and systematic filing of the cases with the help of computers and use in similar future cases .5.Court staff equipped with modern technologies like Information Technology is indispensable for good administration.The financial sector, telecom, automobile and other segments have been beneficiaries of reforms that have improved efficiency and productivity, Judiciary is in crying need for similar reforms to hold trust in public for speedy justice.see more

o  o •o Replyo •o Share › o

oo

gajender • a year agoJudicial delay is the harsh truth of Indian judiciary, which may vary from years to decades . justice achieved after years have no means even when the actual

petitioner is sleept into his grave .Cause for this bitter reality are :1) lack of evidences to prove the crime/ default , giving dates then become a trend.2) longer gsb between hearings because of piling of cases and lack of adequate no. of judges .3) multiple laws and rules which provide shadow to offender from light of justice and lawyer mould the laws to elongate the trial.Corruption put icing on that .4) lack of infrastructure ( regulated network of police -politician - judiciary) as per latest technology and in right direction , so as to prevent corrupt nexus formation.

All leads to delayed or denied justice .

Reforms needed are :1) proper access provided to investigating officer to all offence related documents and ensurence that no pressure created on him to delay the investigation.2) make laws simpler and combines similar laws in one clause to remove biassing.Some laws are century old not up to mark so should be removed .3) proper training of judges before taking charge and selection of new judges to cater the need.And to prevent corrupt practice in court premises and all public offices , appoint ombudsman in every state and relate it to central one .4)refine infrastructure with latest technology and provide all kind of financial and documental support to investigating officers for timely results and without undo pressure from any senior .5) petition of govt. Officials should be on fast track , because if they remain indulge in own cases then timely investigation looks impossible .And if they self remain victim of corruption faced by them in other related dept. while doing their duty .then except corrupt practice nothing else can be expect even from a genuine officer.

Things has to be reformed otherwise the worth of constitution will be miniscule .:)

see moreo  o •o Reply

o •o Share › o

o

aimias  gajender • a year agoWell written!!

1   • Reply • Share › 

oo

Neo • a year agoAn efficient judiciary is at the heart of a democracy. But today our judiciary is plagued by many deficiencies. The causes of these shortcomings are varied. Some of them are:1. Vacancies in the post of judges2. Sanctioned strength of court much less than what required.3. A large number of trivial cases such as pertaining to challans which consume unnecessary time.4. Delay tactics used by lawyers.5. Lack of other means such as arbitration, mediation etc. which can take some of the load.6. Lack of comprehensive data to analyze the backlog cases.

The causes have to be tackled one by one. The following remedies may be useful to address this issue:1. Fast-tracking appointment of judges or constitution of a separate all India judicial service for this purpose.2. Increasing the sanctioned strength of courts in proportion to the number of cases.3. Trivial cases should be rejected right away or separate tribunals could be established for it.4. Comprehensive guidelines to prevent unnecessary delays and adjournments5. Establishment of other sources of remedies such as by arbitration, medication etc.6. A complete central all India data for analyzing the current backlog of cases as well as its regular update.

Ultimately a complete strategy with set goals within a predetermined time-frame is necessary to clear the huge overload of cases and provide effective judicial remedy to ensure the fundamental right of every citizen to a speedy justice.

o  o •o Replyo •o Share › o

oo

aimias • a year agoThe article 21 of Indian constitution includes the right to speedy trial but in real terms this right has not been ensured due lack of delay in judgments of the supreme court and other high and lower courts.the main causes for this judicial delays are:-1.cases are decided on facts and evidences.but if facts and evidences are not provided in sufficient basis.then a long time is taken to reach to a judgement.2.civil war and later, the process of rapid industrialization gradually widened the scope for litigation and increased the number of cases filed at the supreme

court.3.lack of understanding which is partly due to insufficient data, causes enormous confusion, leading to inefficiency and wastage of time.4.a higher number of appeals coming from lower courts to high court and then supreme court, increases the loads of nee cases on supreme court.5.lack of judges appointed in supreme court.6.frequent transfer of judges will leads to hearing of all ready started cases from the beginning.7.large number of frivolous cases entering into the court.8.if the accused has not reached to the court at day of hearing, then the case will further delayed.Remedies to solve this issue are:-1.increase the number of judges from 6 to 18 or 20.2.a law is to be passed allowing supreme court to give their judgement only in most important matters, other matter should be solved only in lower or high courts.