CITIZEN’S APPEAL E n s u r i n g e x p e d i t i o u s a n d t i m e l y j u s t i c e t o a l l

SWEENY NAGPAL I SUSHMA RANA I SMRITI KOTIYAL I TANMAYA BHATT I SAURABH NAUTIYAL

BY TEAM : LEGAL EAGLES

TH E PICTURE

Court cases drag on for years Judges believe they are above

accountability; take many liberties of the system.

Shortage of judicial staff and judges

India to have 15 crore pending cases by 2040, report says

Bribing and Political pressure Expected vs. Actual life = Unreal

Supreme and High Court appointments: biased

CASE AGE DOES NOT EXIST

Current: 14,576 judges Required: 17,641.

10.5 judges : 1 million

• If a case has been dragging for the past three years,

there is no way one can ask the court "Why ?“ • A difficult legal process , in order to file the case

COURT PERSONNEL ARE OFTEN PAID OFF EITHER

TO SLOW OR TO PUT OFF THE TRIAL

“THE JUDICIAL SYSTEM IS THE MOST EXPENSIVE

MACHINES EVER INVENTED FOR FINDING OUT WHAT

HAPPENED AND WHAT TO DO ABOUT IT” –Irving R. Kaufman

YEAR TOTAL

INSTITUTION TOTAL

DISPOSAL

PENDENCY AT THE END

OF THE YEAR

1999 305518 267992 404353

2000 321615 283700 447552

2001 341301 297370 491483

2002 402016 343900 532085

2003 396869 367143 561811

2004 432306 375917 613077

2005 460398 403258 651246

INSTITUTION, DISPOSAL AND PENDENCY OF CIVIL AND CRIMINAL CASES IN HIGH COURTS, DURING 1999-2005 IS AS UNDER

India has one-fifth the number of judges it ought to have. So if you have one-fifth the number of judges, a case that would have taken one year will take five years.

T H E C H A L L E N G E S

Focus Needed On: expand the access of judicial services for all without compromising on its autonomy and fairness a feasible policy in order to achieve fast, quick and fair justice

“The dead cannot cry out for justice; it is a duty of the living

to do so for them.”- Lois McMaster Bujold

"More laws are not required to deal with acid attacks. There needs to be

implementation of existing ones. Most culprits go scot free and there is no fear

of the law," says S. Shivrani, an independent social worker.

It is a fundamental right of every citizen to get speedy justice and speedy trial

which also is the fundamental requirement of good judicial administration.

“Justice consists not in being neutral between right and wrong, but in finding out

the right and upholding it, wherever found, against the wrong”- Theodore Roosevelt

POLICY SUGGESTED: “MOTION TO STRIKE” in order to provide speedy justice but not to compromise in its independence and

fairness. A Policy is made to help govern the nation and not to rule it.

FOCUSED ON

BALANCED SYSTEM

TRANSPARENCY

OWNERSHIP AND EARLY

START

• Target Number of cases solved on the daily or monthly basis • The court will be working in 2 Shifts of 8 hours each • Parallel benches for manual and E Cases , working simultaneously.

• Case age, to speed up the cases. • Integrated Approach • Early assistance to the citizens to provide speedy justice.

• A new governance structure • Involving the media • Various public services

Key Points Covered

How to increase the ratio of solving the case to the number of cases registered

We need invest in more assets - have more judges and Transparency in Judgment

“ BA LANC E ” PROVIDES ACCESS FOR CITIZENS AND TIMELY OUTCOMES A Balanced Justice System is one where efforts, expertise, and resources are carefully weighed against risk and applied in the most

proportionate way across the system. This means that there is a full range of tools available to justice participants and citizens to resolve

legal issues. It also means that these tools are developed based on sound evidence so that we make sure that solutions are proportionate

to the problems they are intended to help resolve. By continually striving for a balanced justice system, we can increase accessibility to

justice for citizens and ensure earlier resolutions.

SHIFTS SYSTEM Just like the corporate world, Two shifts of 8 hours each, should be introduced for judges. Outcome: This will reduce the mental pressure on judges, thus increasing their judgment ability

E- FILING OF CASES E- Filing should be made common and known to all. Volunteers/ help desks should be made for people to help them feel comfortable with the procedures. Two benches simultaneously working, one for manual and other for E- Filed cases. Outcome: Better balance system, reduction in case flooding

TARGET NUMBER OF CASES Every judge must be given target number of cases to be disposed of- monthly, quarterly and annually. Inability to meet these targets must be reflected in an annual appraisal process and there could be significant financial incentives for judges to meet and exceed targets. This will be managed by a chief monitoring officer Outcome: More cases solved, time efficient

ISSUE NOTICE

CASE FILING

DATES FORWARDED

HEARING

To simplify this recurring procedure:

A Transparent Justice System is where all participants have a common understanding of system trends, where information that

shows how the system is operating is shared broadly, and where those who manage and lead the system are ultimately accountable to

the public for system performance. We must adopt modern business practices and technology to make sure justice resources are

allocated and managed efficiently and effectively with proportionate and timely outcomes. By having a transparent system, we will

be better able to provide the services and supports that the citizens of our province expect.

Transparency is the foundation for a modern justice system! INVOLVING THE MEDIA

Media plays a vital role in the democratic system: • Involving the media will make the system more transparent. • Media can be offered to pay the judiciary for coverage of criminal trials. • This will not only make the system transparent but also generate revenue for the system. • This will also increase the faith of common man on judiciary.

We need to make sure the system is transparent. This means being more responsive to ordinary citizens, being open about the information that reveals how the system and its programs perform, and being more accountable.

Government will implement a governance structure that includes strategic management and coordination across the entire justice system, including criminal, family, civil and administrative justice. There would be:

Public, evidence-based performance management

Public performance measures to drive executive decision-making

Aligning research investments in support of performance and reform

T R A N S PA R E N T J U S T I C E : A P E R F O R M A N C E F O C U S

Thus, it would lead to more equality among the citizens during an on -going trial

O W N E R S H I P A N D E A R LY S TA RT

Early intervention leads to better outcomes

CASE AGE, TO SPEED UP THE CASES The judge, one the first hearing should decide the specific case

age, for how long a case should be considered, and should be resolved within the stated time. An authority will be monitoring

its time management.

EARLY ASSISTANCE TO THE CITIZENS We want to create a system that increases the likelihood of early

resolution, and reduces reliance on traditional, high-cost methods of adjudication. From the beginning of an individual’s journey through the system, the options and responsibilities available will be made

clear. Early assistance to citizens can help people consider the nature and complexity of their problems and reduce conflict, distrust, and

fear.

INTEGRATED APPROACH Taking a more integrated approach will avoid duplication, service

gaps, and contradictory approaches. It will also provide greater opportunities to share knowledge and best practices among

various service providers and ensure systemic issues are addressed.

Citizens are not concerned about which level or area of government delivers a service, only that they are able to receive services

seamlessly. Citizens want a system that links justice services with health and social

services to facilitate consistent approaches, and allows people to receive assistance

when and where they need it.

“ACCESS TO JUSTICE IS MORE THAN ACCESS TO COURT”

E COURTS /

E FILING OF CASES E courts refers to online filing of cases. It removes the manual labor and reduces the paper work.

GENERAL PROBLEMS FACED: • Not So popular • People are not so aware about it. • No proper advertisement about it.

PROPOSED SOLUTIONS: Volunteers/ helpdesks at the court premises to help common man with proper E-filing of cases.

Proper and vast advertisement through various news channels like Doordarshan which has a far greater approach to common man, even in villages and taking the help of print media and local news papers

Why do we need it?

Filing of cases will be easy. Online status of cases will be available. This will reduce manual work. Paper usage will be reduced. Time Efficient.

M O N I T O R I N G S Y S T E M F O R Q U I C K A N D E F F I C I E N T S Y S T E M

North Zone Chief

HQ: Ghaziabad

East Zone Chief

HQ: Kolkata South Zone Chief

HQ: Bengaluru

Central Zone Chief

HQ: Bhopal

West Zone Chief

HQ: Jaipur

TIME

MANAGEMENT

FAIR JUSTICE

AND

APPOINTMENT

<Zonal Chief>

District Judge

Normal Towns

Chief Justice of the State

Sensitive Areas

Monitors Governs

Zonal states come under the Zonal head having subordinates per zones

Furthermore, the zonal system is categorized as:

Zonal Chief : Appointed by the Chief

Monitoring authority.

The Chief Justice of the state will come

under the authority of Zonal Chief

The District judge will be specially

appointed by the Chief Justice of the State.

CHIEF MONITORING

OFFICER

HOW is this policy helpful ?

CURRENT STATUS

• Lots of pending case

• A difficult legal process , in order to file a case

• Appointment of the judges is considered to be

biased and partial

• Less Fast track courts.

ADD-ON BY THE POLICY

• Pending cases can be solves by the judges more easily by the concept of shifts

• E filing of the case will make this process easy.

• Since the judges shall be appointed and transferred by the regulation under UPSC, it will make this process transparent.

• Since the courts will work on shift basis, fast track courts shall also work in same way.

RISKS AND MITIGATION

RISKS In order to give quick decisions, the judges may sometime give inefficient

decisions.

Involvement of media may obstruct the privacy of the court rooms.

Judges may not agree to work in

evening shifts.

MITIGATION

The involvement of media will make the system transparent as the serious criminals trail and judgment will be shown live, making a better impact on the society. The society will have more faith in justice.

By making the rule of shift system, it will be mandatory for the judges to work in the shifts; they will work in both shifts alternatively during a month.

“The law should be a shield for the weak and powerless, not a club for the powerful.” - Gov. Roy Barnes, 2004 Equal Justice Conference

THANK YOU

REFERENCES • Law Commission of India : Need for Speedy Justice 2009

• Law and Justice: A Look at the Role and Performance of Indian Judiciary

• 8-E-governance&Judiciary by Prof.Vivekanandan

• Judicial Impact Assessment Report Vol.1

• http://sc-efiling.nic.in/sc-efiling

• http://www.indianexpress.com/news/delay-in-justice-a-major-challenge-says-cji-altamas-kabir/1075609/

• http://www.vikasyadavtruth.com/supreme-court-long-delay-in-delivery-of-justice-violates-rule-of-law/

• JUDICIAL ACTIVISM UNDER THE INDIAN CONSTITUTION’-Address by Hon’ble Mr. K.G. Balakrishnan, Former Chief Justice of India.

• DISCUSSION BY THE TEAM WITH LEGAL PERSONNEL.

• VISIT TO THE LOCAL COURTS TO SEE THE WORKING OF THE COURTS.

• http://www.nasams.org/News/Equal_Justice_Quotes