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The Indian Judicial System

 


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.


Vijender Jain, Chief Justice of Punjab and Haryana High Court says:
"The Indian Judicial System is most independent and fair judicial system in the world"

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.

 

 

 


“Equal treatment before the law is a pillar of democratic societies. When courts are corrupted by greed or political expediency, the scales of justice are tipped, and ordinary people suffer.”
Huguette Labelle, Chair, Transparency International