.
.
.
.
.
The
Recent advisory of SC to states to fulfill vacancies in Judiciary is matter of
great concern since pendency of cases is increasing day by day with lower
judiciary where bulk of the cases are filled (90%) .
Causes
1) Vacancies of Judges :
Most of the courts doesn't have its full capacity
2) Investigation By police
Sometimes police inefficiency in getting witness and evidence causes delays in cases
3) Lawyers Reclutance
Many a times Lawyers try to longer the judicial process in order to benefit themselves
4) Infrastructure and financial challenge
Some Courts doesn't have proper court rooms and Infrastructure and financial constraints to have proper chamber
5) Corruption
Many a times lawyer /Judges/ Polices are involved in corruption so to delay the process in order to give relief to Accused
6) Frivolous complaints
Sometimes bogus complaints are filled to order to get stay or delay judicial process
.1) Vacancies of Judges :
Most of the courts doesn't have its full capacity
2) Investigation By police
Sometimes police inefficiency in getting witness and evidence causes delays in cases
3) Lawyers Reclutance
Many a times Lawyers try to longer the judicial process in order to benefit themselves
4) Infrastructure and financial challenge
Some Courts doesn't have proper court rooms and Infrastructure and financial constraints to have proper chamber
5) Corruption
Many a times lawyer /Judges/ Polices are involved in corruption so to delay the process in order to give relief to Accused
6) Frivolous complaints
Sometimes bogus complaints are filled to order to get stay or delay judicial process
.
Consequences
1) It sometimes acts as impedance in growth of economy and effect Investor sentiment
2) It effect public trust on judiciary
3)Violation of Human rights and Right to life( Art 21) e.g Over 66% of prisoner are under trial
4) It promoted corruption especially Lower judiciary
5) It causes unjustice to public to view judiciary as only there last hope
1) It sometimes acts as impedance in growth of economy and effect Investor sentiment
2) It effect public trust on judiciary
3)Violation of Human rights and Right to life( Art 21) e.g Over 66% of prisoner are under trial
4) It promoted corruption especially Lower judiciary
5) It causes unjustice to public to view judiciary as only there last hope
Solutions
1) Alternate Dispute resolution and Arbitration center should be setup to abjudicate cases early as possible
2) Vacancies of judges need to fill as early as possible e.g SC working with full capacity after three decades
3) LoK Adalats or family courts should be held regularly to reduce pendency of cases
4) Police investigation and enforcement should be seperate so that investigation are carried out properly e.g Malimath committee ,prakash singh guidelines can be followed
5) Use of IT and digital technology should be promoted to ease burden of judiciary and reduce corruption
6) Retirement Age
Retirement age of judges could increase especially in SC and HC e.g A letter by CJI to PM
1) Alternate Dispute resolution and Arbitration center should be setup to abjudicate cases early as possible
2) Vacancies of judges need to fill as early as possible e.g SC working with full capacity after three decades
3) LoK Adalats or family courts should be held regularly to reduce pendency of cases
4) Police investigation and enforcement should be seperate so that investigation are carried out properly e.g Malimath committee ,prakash singh guidelines can be followed
5) Use of IT and digital technology should be promoted to ease burden of judiciary and reduce corruption
6) Retirement Age
Retirement age of judges could increase especially in SC and HC e.g A letter by CJI to PM
Judiciary
is third pillar of government and its effectiveness and efficiency needs to
enhanced, hence government along with state government should empower judiciary
with proper judges and infrastructure and financial resources.
..