NRI says, "The legal
process in India is notoriously staggering"
The Puzzle of Indian Judicial System
Los Angeles, March 23, 2008
Gary Singh
More and more, in the public eye, advocates are
being targeted for nearly all the ills that plague our judicial
system. Over two million cases are pending in 18 High Courts alone
and more than 200,000 cases are pending in the Supreme Court for
admission, interim relief or final hearing. And it takes anywhere
between 5 to 15 years for a case to be decided in an Indian Court.
Experts also attribute the delay due to arcane procedures,
irrelevant laws and a long drawn out appeals procedure. Whatever
be the underlying reasons, the fact is that the Judiciary has
failed the society, in so much as it does not enjoy the full confidence
of the people that they will get speedy justice.
The other reasomn may be Judicial corruption. Judicial
corruption usually falls into two categories: political interference
in the judicial process by the legislative or executive branch,
and bribery.
The corruption by different actors has a distinct
effect on the judicial system and contributes to its deterioration
and the end of public trust. Some times Judges may accept bribes
to: delay or accelerate cases, accept or deny appeals and influence
other judges or simply to decide a case in a certain way
Why is it that we do not have the kind
of laws that are in the United states considering the fact that
both are democracies.
Media Making a Difference
Originally known as Punjab High Court, renamed as Punjab &
Haryana High Court in 1966.
AMRITSAR, MARCH 23, 2008
The Indian Judicial System is most independent and fair judicial
system in the world, vociferously claimed Justice Vijender Jain,
Chief Justice of Punjab and Haryana High Court.
Justice Jain was talking to media persons after the 102nd Annual
Convocation of Khalsa College, Amritsar.
Replying to a query posed by media persons, Justice Jain said
that Judicial System of India is the strongest pillar of our democracy;
the political parties in Punjab are not interfering and can not
interfere with the working of Judiciary. He clarified that each
person or party is free to file any case at any point of time
but Judiciary gives the decision solely on basis of witnesses
and evidences.
On being asked about the huge pendency of court cases
in Punjab, Justice Jain said that nearly 6 lac cases
are pending in various courts of Punjab and there are 280 Judicial
Officers to cater to them. Giving statistics he said in America
there are 117 Judicial Officers for one million population, in
U.K. 80 Judicial Officers for the same population and in India
just 17 Officers, so the delay is inevident.
Hon'ble Supreme Court is fully abrest of the situation and to
deliver speedy and cost effective justice, Supreme Court of India
has directed to initiate Permanent Recruitment Policy for Judicial
Officers, said he. Elaborating the matter, Chief Justice said
that as per this policy new Judicial posts and supporting infrastructure
is to be provided by the State Governments. Lauding the role of
Punjab Government, Justice Jain said that Punjab Government has
given Rs. 35 crore for the same and another 10 crore have been
provided by the Centre Government so in the days to come ample
Judicial Officers will be recruited. As far now, 37 Judicial Officers
were recruited last year and 49 other have been recruited in March,
08. These officials are under going training at Judicial Academy
and as and when they are absorbed in the mechanism the results
will be seen and felt by all.
Chief Justice of Punjab and Haryana High Court in yet another
revelation told the media persons that he has directed all the
courts of Punjab and Haryana to settle the criminal cases pending
since past ten years or more within a year and all the criminal
cases lying pending for five years are to be settled in the coming
two years. He informed that Haryana has already cleared the pendency
of 10 year old criminal cases and hopefully Punjab would also
clear the backlog by August,08.
Earlier, Justice Vijender Jain conferred degrees upon 392 students
of Post Graduate and Professional Degree Classes.
Delivering the convocation address, Justice Jain advised the
students to receive their degrees with a sense of pride but use
it as a stepping stone for further achievements. He said, "Degree
should carry with it a sense of responsibility to make you humble
law abiding citizens." Stressing on the need for human resource
development, he cited the example of China saying that 81% youth
of China contribute in development of the nation whereas in India
just 52% youth make a positive contribution in nation building.
Lauding the role of Khalsa College in the field of education,
Justice Jain said that Khalsa College is the epitome of learning
since1892 and has carved a niche for itself in the field of progressive
education. It has a track record of being the Alma Mater of scores
of sportsmen of International and National repute.
Earlier,the Chief Justice and the other guests were accorded
a warm welcome by S. Satyajit Singh Majithia, President, Khalsa
College Management Committee. He proudly announced that new courses
including five year degree course in law would be commenced in
the new academic session. He also said that a college of Pharmacy,
a Technical Institute and a Girls College in Chawinda Devi area
would soon be set up.
Mr. H.S. Mattewal, Advocate General, Punjab blessed the students
to follow the path of secularism and shun all differences of caste,
creed, race etc. He expressed concern over the deteriorating moral
and ethical values and hoped that the students will contribute
positively towards the upliftment of society. Mr. Mattewal announced
a grant of Rs. 10 lac for Khalsa College on behalf of S. Parkash
Singh Badal, Chief Minister, Punjab.
Justice Ashutosh Mohunta awarded Medals to the students who
bagged positions at University level.
Dr. Daljit Singh, Principal, Khalsa College, Amritsar presented
the annual report of the College, highlighting the activities
and achievements of the College during the session 2007-08.
Mr. Rajinder Mohan Singh Chhina, Honorary Secretary, Khalsa
College Management Committee presented the vote of thanks.