Justice Delayed Is Justice Denied

Essay by jrsappire June 2005

download word file, 8 pages 0.0

There are countless and innumerable arrears in High courts and Supreme Court, and one crore and more in lower courts pending disposal. It is beyond dispute that credibility in courts to administer justice is almost shaken. The impending causes of the backlog of cases are in built arising out of wastage of time at several stages of the legal procedure at different levels of the hierarchal system. This can be overcome to a larger extent "Through a conscionable campaign of the judges by the judges for the judges". One of the suggestions and effective measures for the disposal of pending cases is to increase the judge-strength when the case docket becomes over loaded and the increase in judge-strength must be at an appropriate time so that the increased strength can cope up with the overloaded cases. To put an end to the huge pendency of cases at all levels it is desirable to appoint more judges, adhoc judges and retired judges and also drafting senior advocates who express their willingness to accept the said appointment by the National Judicial Commission.

The superannuation of the judges said must necessarily be upto the age of 70 years only. The other alternative suggestion is to constitute a judicial reforms committee to produce a simple procedure code without complexities and to eradicate time consuming practices of long, lengthy and prolonged arguments, on intricate points about court fees, bar of limitation, defects in pleadings and in services of notices. Further recommendation is to restrict oral and verbal oration to an extent of 30 minutes in addition to the written argument. Lawyers must prepare the briefs, which shall be short, precise, limited with facts and purely on the basis of question of law, and thereafter the judges must and should necessarily do home-work and come to...