2. “
OUR COURTS NEED TO BE
URGENTLY STRENGTHENED WITH
ADDITIONAL RESOURCES. THE
FILLING UP OF VACANCIES IN
COURTS ALL ACROSS THE
COUNTRY MUST BE TAKEN UP AS
A PRIORITY. THE PROCESS OF
SELECTION AND APPOINTMENT
OF JUDGES SHOULD CONFORM
TO THE HIGHEST OF STANDARDS
AND SHOULD BE BASED ON WELL
ESTABLISHED AND TRANSPARENT
PRINCIPLES.”
- MR. PRANAB MUKHERJEE(
HON’BLE PRESIDENT OF INDIA)
“THE JUDICIAL SYSTEM IN INDIA HAS FAILED TO
DELIVER JUSTICE TO LITIGANTS. IT IS
INCREASINGLY LOSING ITS EFFECTIVENESS AND
IS LIMITED BY INTERNAL AND EXTERNAL
FACTORS.”
- MR. GOPAL SUBRAMANIYAM ( FORMER
ATTORNEY GENERAL)
One Hon’ble Judge of Delhi High Court
calculated that 464
years will be required to clear the arrears
with the present strength of the
judges in that High Court.
3. Supreme
Court
High
Court
Subordinate
Courts
58519
4324742
26986307
Pending criminal cases
(2011)
0
50
100
150
USA
Canada
England
Malayasia
India
2012
Judges/Million People
As on 1.1.11 there are 3,20,40,202 cases
pending in different Indian Court.
It is estimated that the no. of cases has
increased twelve folds while the no. of
judges/courts increased only six times.
In three decades the no. of cases is
expected to rise to 15,00,00,000.
At least 75,000 judges will be required
to handle these cases .
In India we have 12.5 judges / million people.
But 104 judges in the US .
A Delhi High Court judge calculated that 464
years are required to clear current arrears
cetris paribus.
84.6% criminal cases are pending before the
courts in India with a mere 15.4% disposal rate.
4. Maximum number of cases to the Supreme Court come
from nearby states/areas and even appeals are not evenly
distributed.
High Courts which are nearer to Delhi and wealthier on
average , are likely to generate more appeals.
Nick Robinson in a report published in 2011 came up with the following data.
Proportion of Appeals from Different High courts in 2011. They become more
with their proximity to Delhi.
6. • Increase the quality of judges in the lower
judiciary so that lesser appeals are accepted. This
we propose to do by changing the recruitment
process.
Changes in
recruitment process
• As introduced in 2 states, we think evening courts
will definitely help in speedy justice by handling
more cases with the existing infrastructure.Evening Courts
• We propose to introduce a subject of legal
awareness in all schools. They will be taught about
the system of courts, their rights and duties and
process of litigation so that in the future they know
if injustice is being done.
Introducing legal
awareness at school
level
7. Interview
Mains
Preliminary Exam
Selection of Judges for Lower Courts & High Courts
A Multiple Choice Questions
Exam .The syllabus similar
to the existing one in use.
Subjective examination for those who
pass the Preliminary Examinations based
on annual cut offs.
Final part of the Process. Two separate panels
to interview the lower and higher Judiciary
Process of Appointment of
Judges for the Supreme
Court-
Panel:
2 members of Law
Ministry (appointed by
Law Minister)
+ 2 Senior most judges
from SC
Eligibility: At least 10 years
experience as a HC judge.
In case of tie: CJI will have
the deciding vote
Recruitment
Process
8. Aspirants for
lower judiciary
The interview will be
conducted by The Chief Justice
of the Concerned High court, 2
Senior Most Judges of the
High Court and the Governor .
A judge with a minimum ten
years’ of experience will be
eligible to be a high court judge
again after an interview
comprising of the Chief Justice of
the High Court, 2 senior most
judges, Governor and Law
Minister.
Aspirants for
High Courts
The interview panel will consist
of Chief Justice of the Concerned
High Court, 2 Senior Most Judges
of the Concerned High Court ,
Governor of the State and the
Law Minister.
A lawyer needs a minimum of
10 years’ experience before
applying to the higher
judiciary.
In case of any vacancy in the High Courts, a ratio of 80:20 will be followed. That is, 80%
from the lower judiciary would fill the vacancies and 20% from the lawyers with experience
would be eligible. Thus every 4th person appointed as a judge will be a lawyer who has gone
through the process of applying to the high court judiciary.
9. The committee has to make sure that the exams
are conducted in a just and proper manner.
They are responsible for making question papers
for the exams.
Perhaps the most important Function of the JSSC
would be to ensure that all vacancies are filled, in
the manner provided in the previous slides.
Thy would be responsible for selecting the
candidates who have scored above minimum
marks and give them notices for their
interview/mains. They also have to make sure that
the mains/interview are carried out in a proper
manner.
Functions of the Judicial
Services Selection Committee
(JSSC)
The entire process will be overseen by a Judicial Services Selection Committee
consisting of 3 retired Supreme Court Judges to be appointed by the President of
India by exercising his discretion.
The JSSC shall be answerable to the President himself in case of any complaints/disputes.
10.
11. CLASSES 8 TO 10
BASIC
CONSTITUTIONAL
RIGHTS AND DUTIES
MCQ EXAMINATION
AT THE END OF THE
YEAR
GIVE INFORMATION
ABOUT BASIC
REDRESSAL OPTIONS
BASIC RIGHTS TO
BODY AND DUTIES
TOWARDS FELLOW
CITIZENS
PRACTICAL
EXPLANATION
THROUGH EXAMPLES
AND CASE STUDIES
Compulsory teaching.
Basic legal knowledge.
Will deter future litigants.
12. For appeals to the Supreme Court from
the High Court, the State should fund the
cases involving a substantial question of
law as the concerned High Court deems
Fit. This will lead to better quality of
cases coming to the Supreme Court
where highest level of judicial expertise
is required.
The HC’s have a large territorial
jurisdiction hence all the appellate cases
from a large number of district courts get
concentrated in one court under a single
bench hence increasing the pile of cases
and slowing the judicial process. By
recruiting more judges in the manner
provided by us, supplementary benches
can be made according to population
density.
District Courts
Supplementary
Bench
Principal Bench
High Court
Increasing the retirement age of Judges In
the High Court and Supreme Court to 65
years.
The scope of Arbitration should also be
increased .
13. HC- High Courts
SC- Supreme Court
CJI- Chief Justice of India
DC’s – District Courts
SB- Supplementary Bench
PB- Principal Bench
JSSC- Judicial Services Selection
Committee
CJ- Chief Justice