Justice delayed is … good governance denied and economic development DENIED

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The Preamble declares that “We the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular, Democratic Republic and to secure to all its citizens Justice, social, economic and political.” But still after 68 years of India’s Independence we have several laws but not enough justice. Is formulating laws enough to give fair justice? The founding fathers of our constitution placed ‘Justice’ at the apex level and our preamble to the constitution placed justice higher that the other features of preamble. But are we getting fair and just justice in one of the largest democracy, it’s still a question and need’s to be addressed.


‘Justice delayed is justice denied’ is a gray saying. This legal quote denotes if timely justice is not provided to the sufferer it loses it importance and violates the power of basic human rights. The Indian judicial system still lives in a very old age. It is reported that more than 40 lakh cases are pending for disposal in the High Courts and the number of cases pending in the subordinate courts has crossed 2 Crore.Victims have to go through a huge time while seeking justice, we often hear about such justice being delivered either after the death of the seeker or at that time when it has become redundant for seeker. This approach of justice delivery system brings forth a pathetic situation prevailing all around.

Justice Markandey Katju, a retired Supreme Court judge, said judges are not supposed to have more than 300 cases pending at any one time, but several have told him their backlogs range from 15,000 to 30,000. “Every case deserves to be fast-tracked but it takes time to deliver a quality judgment. Why only rapes, what about murder, arson, blackmail, why should they not be fast-tracked?“ he asked.

A day after the Saket fast track court delivered the judgment that awarded death sentence to the four who were accused in the Delhi gang rape case held in December last year. The Delhi gang rape trial was indeed conducted steadily.In regular courts these cases usually takes at least three years for a judgment, This one took less than 9 months. The judgment has created an upbeat mood in the country. People are impressed by the boldness of punishment as much as the quick dispensation of justice.

Speedy trial is the essence of criminal justice and there can be no doubt that delays in trial by itself constitutes denial of justice. It is prejudice to a man to be detained due to delay in trial. Speedy trial is an integral and essential part of the fundamental right of life and liberty enshrined in Article 21 of the Constitution of India. In United States, also speedy trial is one of the constitutionally assured rights. Moreover, the procedure should be reasonable, fair and just in each proceeding involving persons fundamental rights.

In the Uphaar Tragedy case it is really disturbing to know that it took six years to establish that the 59 people died because of criminal negligence on the part of the cinema management and the Delhi government. It was clear from day one that nobody would have died had proprietors of the cinema hall followed safety rules but because the wheels of Indian justice move at the pace of our tortoise it took nearly six years for justice to be done.

Similarly, in the Fodder Scam Case the wheels of justice moved in the speed of our parliament functioning. It took almost 17 years to give sentence RJD supremo Shri. Laloo Prasad Yadav. It’s really shocking when the judicial system is such cumbersome and slow how can there be good governance and how can P2G2 plan be implemented.

This old quote tells a tale that there would be no meaning of justice if it is not given at appropriate time. At the same time, it reveals that when justice cannot be given on time, what would be the use of such a complex system of justice. There are many such issues which want serious pondering over this relevant issue. Thus a question rises is the essence and trust in Judiciary being reduced?

The Justice in India involves three common words – Cumbersome, Slow & Expensive. Is this what are reformers, socialists, leaders thought of India where a person is denied of just justice. Does our Constitution gives us the right the -Right to Slow Justice. If yes then seeking justice in this country would not be less than an impossible task.

It is of urgent importance that the bench and the bar must work together in ensuring the rule of law in our country and strength-ening Constitutional objectives. Several challenges have to be overcome and many bottlenecks removed before the objective of ensuring complete rule of law is achieved an obvious area of concern is the large number of cases pending in courts especially in trial courts. The legal fraternity must take steps to pool their knowledge, wisdom and experience to find ways and means to tackle this problem.

Frowning upon routine adjournments, the Supreme Court has said that speedy disposal of cases was the “primary morality of justice and ethical fulcrum of the judiciary”. “The foundation of justice, apart from other things, rests on the speedy delineation of the list (of cases) pending in courts,” said the apex court bench of judges Honorable Justice K.S. Radhakrishnan and Justice Dipak Misra in a recent verdict. Holding that the access to speedy justice was a human right, the court said: “It is faith and faith alone that keeps the system alive. It provides oxygen. Fragmentation of faith has the effect potentiality to bring in a state of cataclysm where justice may become a casualty.” But are these remark’s by the apex court serious and will it really effect the justice process to an extent.

The newly elected 41st Chief Justice of India Shri Rajendra Mal Lodha is known for Justice with wit, humour and sarcasm and one should praise him for his contribution to the legal sector. Justice Lodha is known for his hard work and played an extensive role on speeding up the justice system , clearing off the backlog cases. His innovation in handling the Coalgate scam is a model for how cases regarding natural resources should be dealt with. When the CBI hemmed on the scam, he shamed it by calling it a “caged parrot”. That was enough to strike the CBI into action. At last Justice Lodha mandated in another judgment that the court had to complete the corruption trials of MPs and MLAs within a year. Thus such intervention’s , Yes it leads to a positive impact on the cumbersome judicial system of one of the largest democracy in the world.

The Primary Causes of Delay in Justice are quite evident,

• The Inadequate number of judges and courts in the country is clearly one of the major reasons for such delay. The Governments have not only failed to increase the numerical strength of judges and courts but have also been slack in filling up of vacancies.

• India does not have enough judges, the country currently has about 12 judges for every million people, It need at least 5 times more the current judges scenario. At present the country’s 24 High Courts have a combined strength of almost 800 judges; but there are 128 vacancies left to fill up.

• The Committee on Empowerment of Women in its report on ‘Victims of sexual abuse and trafficking and their rehabilitation’ noted that India has 18,000 positions of judges at the subordinate Judiciary level but 3,000 are yet to be filled.

• The High courts are handling an overwhelming 34,00,000 cases and the shortage of judges is only delaying the legal process. If India compares with its competitor’s with USA,UK there’s only 10 – 12 judges per 10 lacks of people in India while in U.S.A. & UK it is 65 – 75 judges per 10 lacks of people, 50 – 55 judges in U.K., even India’s neighbor and far backward in every aspect has the rate much higher than that of India.

• Several amendments in laws is another major reason behind such delays. Mostly, all Indian laws are amended time to time. As a consequence, it takes time to understand and explain the new provisions in it. Thus , this kills valuable time of court of law. These non-stop amendments make the legal system slow and cumbersome.

• Another reason for slow justice system is that the Supreme Court and High Courts have good infrastructure but that is not the case with the district courts. The Courts have no convenient building or even standard physical facilities. The executive has failed at providing necessary and basic infrastructure to enable judiciary to function normally. Class furniture, Library, sufficient staff reasonable space, healthy working condition are the need of the qualitative and just justice.

• The legal profession is one of the most up-coming profession but no social security scheme is available for lawyers by Bar Council of India. The good working condition of the lawyers thus would indirectly help in excellence of service and qualitative justice to the litigating public. As a fair and equitable justice directly contributes to a healthy governance too.

To speed up the process of justice many steps have been taken but its not sufficient for a country like India, computerization, E-court’s are need of the hour. The Honorable judges must maintain a decent degree of punctuality and dutifulness. However the Honorable Supreme Court has already taken some steps to avoid such delay’s. Electronic filing has been introduced in the Supreme Court in the year 2006. It is now possible for any advocate to file his matter through internet from anywhere in the world. Computerization has been introduced in some of the High Courts in India. In this era of globalization and rapid technological developments various avenues of laws are opening day by day.

• We have inherited the British legal system Britishers prescribed it at that time in earlies without considering the need of Indian society nor did they consider the practical of the procedure. Thus, this system is drawn from different sources without seeing the ground realities.

• The civil and criminal procedure (CRPC) codes and the laws of evidence have to be substantially be revised to meet the requirements of modem judicial administration and its dynamic environment. The public interest litigation (PIL) is always welcoming, which is affordable to common men and a one of the most transparent weapon to get fair and just rights.

• In order to reduce the pending litigation between various Governments and the helpless citizens in the High Courts, tribunals and subordinate courts there is a need to set up an internal mechanism at the Central, State as well as district levels in the government offices by the respective heads for resolving the disputes and for making bona fide attempts to resolve the same with an open mind.

• Large number of Fast Track Court’s must be established in each districts which could enable wheels of justice move faster as it has proved its stance earlier & it will give people the hope that there is light on the other side of the tunnel

• Due to Large volume of cases in courts it is a high time that we should put at least some limit on the oral arguments to save court’s time. There may be some resistance to it in the beginning but soon counsel would realise its value as once this practice is put in place counsel would know when to expect his or her case in the cause-list, when the case above his or her case is likely to finish and would come fully prepared to argue his or her case within the time allotted, this need was pointed out by Justice PN Bhagwati.

• There should be extensive use of mobile courts to make the judicial system accessible to remote and backward areas, which will also help the reduce the burden of overburdened courts.

• Lok Adalats which provide free and competent legal service to the weaker sections of the society must be more accessible and must spread its wing in a larger way as this would ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities .

• Ministry of Law and Justice, Government of India is drawing a Gram Nyaya- layas Bill with an objective to secure justice, both civil and criminal, at the grass-root level to the citizens, which would be the lowest court of subordinate judiciary and shall provide easy access to justice to litigant through friendly procedures, use of local language and mobile courts wherever necessary. If it is established & implemented at root level I am confident that it would genuinely make justice accessible and affordable to the common man at their door & help in speedy justice which is a challenge for our judiciary.

Independent mechanism for the speedy dispensation of justice is the only way to ensure stability and good governance, as without good governance, it is impossible to achieve economic development, without which, nation-building would remain an unfulfilled dream. For democracy to flourish, a smooth functioning justice system is necessary. The efficiency with which the Indian judicial system works is disappointing.

Hence, there is a lot of scope to improve the current situation. But for this one should have ‘’Irada’’ (the will) and this can be achieved in order to restore the shaken confidence of Indian public in judiciary.

Written by Himadrish Suwan >>

Himadrish Suwan is a student of DU & a regular contributor for various leading registered magazines and e-magazines. He is the youngest Recipient of the International Young Achievers award in the field of Media & Information Activism. He is also a well acquainted RTI activist. He was recently included in the list of India’s Top 6 “Young Powerful Change-makers”.

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Indian Exponent: Justice delayed is … good governance denied and economic development DENIED
Justice delayed is … good governance denied and economic development DENIED
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Indian Exponent
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http://www.indianexponent.com/2014/06/justice-delayed-is-good-governance-denied-and-economic-development-denied.html
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