When we look at the functioning of our judicial system,even the prime minister has expressed his serious concerns over the inordinately long time to decide any.Cases are piling up in various courts.As you all know justice is delayed is justice denied.Please give your views.
The courts are short of judges and other staff and it is difficult to adjudge the pending cases. There is need to increasethge number of judges, computerize the courts and also decentralize the system.
Yes I am also agree with Gulshan sir comments there is need of increase in judges,Pending cases must be solve as early as possible.I think even simple take more than one year to completely finish thats not good.
I don't know every lot of students doing LAW and these students are what doing after doing there LAW study.
Jasmeet. Our law students after passing law are either getting service in companies or practising in courts. There is shortage of judges. By increasing the number of judges and computerization and multi shift working of courts, some solution may be found. There is also need to reduce number of resh cases. Especially in villages, people quarrel even over petty issues and repeatedly file cases. Some judicial authority should be given to local bodies in respect of petty cases.
Yes delayed justice is equal to denied justice.The increase in crime is the reason for this.So the punishment should be severe for not repeating the crime.
The quality of judgement may suffer when the judges in the lower courts are not able to interpret the laws in their true perspective resulting in commission of errors which are so frequently turned down by the higher courts.
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I think another aspect which can impart speed and dynamism in the delivery system of justice is judicial reforms which the government has promised to undertake.
I feel that the advocates and judges should first learn the rules of English grammar and construction of sentences. I have seen many eminent persons have good knowledge of law but cannot interpret the statutory provisions owing to lack of knowledge of grammar. Once, I had to argue with some Advocate in Central Excise office about some service tax provision. The advocate was adamant and he very proudly stated that he knew law. I did not say anything. But I understood he had not even elementary knowledge of English grammar and thus could not interpret law. In fact, this is trouble with Uttar Pradesh education system. You may study through Hindi medium even up to postgraduate level as well as LL.B. Naturally, the language is poor and the judges and advocates from U.P. are unable to interpret law properly. Moreover, most of the advocates in U.P. over several years have passed the law examination by gross unfair means.
Thus knowledge of English language and grammar needs more attention for the legal community if we want to raise the quality of judgments and other related routines.
Obviously the need for proper interpretation and expression of the relevant provisions is very great and towards this end one must have that command over the language he or she chooses to express.
@Gulshan, you have rightly stated the fact about language barriers with many of the lawyers! I have seen the same condition here in Pune too!
There is also the fact that our entire judicial system is based on the what the British established a century ago! After they left, we have not bothered to revamp and change the system to suit our needs! We have just picked up where they left and have not bothered to change any of the painstakingly long procedures, the amount of bureaucracy and red-tape involved! Most of the court proceedings are only more about generating mountains of paperwork and less about actuall justice itself!
You have rightly pointed out the colonial hangover which is also afflicting our judicial system but the sloth it has developed over the years is sadly our contribution.
@Chinmoy, rightly so we Indians in positions of bureaucratic and administrative powers, have developed into nothing less than sloths! It takes major efforts to change anything that has been established by others, which no one wants to spend time and energy!
