Enhancing The Justice Delivery System

Currently there are 3 crore cases which are pending in India.1.8 crore cases are filed every year. With so much work for the courts efficient justice delivery is the key requirement so that people faith in our justice delivery is restored.   In 2002 CPC was amended with many measures were taken for speedier justice delivery process.   1) Order 27 was amended which has feature that summons to the defendants to be delivered within 30 days which means that plaintiff has taken requisite steps for summon delivery.   2) Amendment in section 89- which facilitates ADR mechanism should be implemented and rules of the same shall be made which is in 89(1)(b). ADR mechanisms will remove the burden of cases from civil court.   3) Amendment in Adjournment rule-Provisions of heavy costs and maximum 3 adjournment rule.   4)  Amendment in Order 7 rule 11- Additional grounds for plaint rejection 11(e) and 11(f) were added 11(e)- rejection if plaint not filed in duplicate. 11(f)-Rejection if in contravention with order 7 rule-9.   5) Amendment in section 81- where 2 months’ notice for government bodies was made mandatory. This provision would help to curb the governmental delays as government is a biggest litigator today.   6) Amendment in order 41 rule 11 in which now there is mandatory registration of appeal in memorandum of appeal register. This is done to have a feedback between district and high court..   7) Section 26 (2) Rule 15(4) order 6 Amended- Made affidavit with a plaint mandatory in order to tackle fake suits.   8) Amendment in Section 100A which made appeal in High court to a larger bench infructuous, to avoid unnecessary time wastage of court,   9) Amendment in Order 8 Rule -1 Additional time of 90 days were given so that requisite time is given to file the WS and   Still lot more needs to be done in order to increase the speed of judicial process, like the human resource management in courts which would rescue the judicial time from administrative delays. Effective implementation of ADR’s for motor vehicles cases and cases of NI Act would again curb the pendency such that judicial mind is spent on more critical cases.   If judiciary has scarce resources then management of judiciary is the key for effective justice delivery. (Source-Lawyers club of india)

4 Comments for this Article Kolla Gangadhar Wrote on 14 November 2013  Speedy justice is the Fundamental Right under Article 21 of the Constitution of India.Judges strength must be increased to proportionate to cases pending so that pending cases can be disposed of 6 months, Trial court, 6 months High Court, 6 Supreme Court. If filing of cases decrease in a year judges fresh appointment can be halted. If filing of cases increases more judges must be appointed it is simple Statistics of total number of cases pending and number judges appointed, how many cases each judge dispose of each month. Judges are human being we can not except from them to dispose of huge pendency of cases working day and night. Trial courts some procedural changes may be made, if case is posted for appearance of Defendant Vakalat, Written Statement, Chief Examination affidavit may be filed filed before Judicial administrative officer, it must be entrusted that powers so that Judge can save is time he records cross examination, hear arguments and deliver judgement. At present call work two hours time is being consumed of a Judge if new procedure is adopted judge can dispose of more cases. High courts Judges may fix time for arguments depending upon case and Advocate can not be permitted to argue more than time allotted to him and may ask advocates to file precise written arguments, with citations, where complicated questions of interpretation of the constitution of India and statutory law is involved. Supreme Court may fix time limit to advocate to argue case depending upon each case, where complicated questions of interpretation of the constitution of India and statutory law is involved Advocates are directed to file precise written arguments with citations. so that Judges time will be saved and they will able to remember all questions of law raised and deliver judgements after perusal of written arguements citations very short period. These are my personal opinions and Judiciary may consider if practically implemented. I request Advocates to co-operate with Judges in dispose of cases very short period so that advocates will not blamed for delay of Justice. JUSTICE DELAYED IS JUSTICE DENIED. K S Venkataraman Wrote on 14 November 2013  Justice delivery is a team work. The complainant, defendant, police, advocates, courts, concerned departments and many others have to work sincerely to dispose of the case. In this chain, any link can deliberately delay the progress of the case. if the courts are determined wanton delays can be reduced to a great extent. Some advocates, under the instructions of persons with vested interests, do contribute to delays. The procedure itself is obsolete on many points. We need holistic reforms but there is no positive political will to take initiative in such important matters.