Saturday 12 January 2013

Tardy Indian Judicial System and Idea to overhaul it

If you have not ever been personally in any magisterial or sessions court,  you can not understand and realize the scale of harassment meted on the ordinary citizens by the stake holders of tardy judicial system. The people who go through it know the real scale of the problem, it is the grinding mill of tardy Judicial system and on every date litigants end up in wasting whole day in the court corridors, finally when the case is called for, the judge or his presiding officer adjourns the matter without even looking at you. This tardy judicial system is oppression by the state.   Why it is in such a mess? Judges have vested with Unlimited Power without any Accountability, that is why whole Judicial system is in mess.  Can few fast track courts overhaul it with out fixing the responsibility of stake holders ?  No.  Do the people have faith in this tardy judicial system (system of oppression ) ?No, People have already lost faith on tardy Indian judicial system, everyone know how court/police system work in India, If you approach a friendly advocate outside his chamber he will give you practical advise.. i.e. settle the case outside the court, whether it is by means of compromise or through other means such as k*ll opponent through extra judicial means or through private means.   Why tardy judicial system encourages settlement even in the cases of serious crime ?It help the lower judiciary to gain point for amicable settlement which help in their promotion.  How to fix the tardy system ?  1) Make sure power must not come without responsibility and accountability. 2) Fix the RESPONSIBILITY OF JUDGES/STAKE HOLDERS, The system must ensure that whoever fails to meet the responsibility must GO.3) Make sure every legislation is crystal clear and without any ambiguity so that Judges can not drive power from lacuna.4) Minimise the Judicial discretion, because it is open for misuse in the hands of a judicial officer. 

No comments:

Post a Comment