London, June 13 (PTI) Noting that the overall social indicators of
access to justice in India are quite disappointing, Chief Justice of
India, K G Balakrishnan today said polical will is needed if some
meaningful progress is to be made in the country’s judicial system.
Emphasising the paradox in the system, Chief Justice Balakrishnan said
“even though the judicial system has been tackling a continuously rising
case-load, the overall social indicators of access to justice are quite
disappointing.
“The Limited reach of the justice-delivery system is especially
worrisome in light of frequent reports of vigilante justice being meted
out by local communities, often through informal bodies.”
Political will needed to strengthen India’s judicial systems
Inaugurating a two-day International Conference of Jurists on ‘Judicial
Reforms’ at the Crown Plaza Hotel here, Chief Justice Balakrishnan
presented an overview of the Indian Judicial system, the immense
backlong of cases pending before Courts at all levels and said “The
problem in this regard is that the creation of more courts at the
district level depends on the initiative and financial commitments from
the respective state governments, whereas the administration of the
higher judiciary is the responsibility of the central government.
“Most State governments have been hesitant to commit resources for the
expansion of the lower judiciary. This lack of political will needs to
be highlighted if some meaningful progress is to be made in
strengthening our judicial system.
“While it is understandable that thousands of newer courts cannot be
created overnight, the State Governments must identify time-bound
targets in this regard.” The conference, organised by International
Council of Jurists and the Society of Lincoln’s Inn, was attended among
others by Justice Awn S. Al-Khasaneh, Judge, International Court of
Justice, Justice Min Bahadur, Rayamjhee, Chief Justice of Nepal, Ram
Jethamalani, MP, Former Minister for Law, Justice and Company Affairs of
India, Dr Adish C. Aggarwala, President, International Council of
Jurists, Justice K S Radhakrishnan, chief justice of Gujarat High Court,
and judges from several developed and developing countries. more pti
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Ram Jethmalani said terrorism, one of the 11 subjects on the agenda, is the most important issue facing the society.”
Noting that terrorists were invoking God for “all their filty things,”
Jethmalani said military action, as in Pakistan, was necessary but “what
is necessary is demolition of their indoctrination that the God is on
their side.
“It is a menace that is threatening the survival of civilisation. Terrorists have been indoctricated that God is on their side.”
He wanted the Conference to discuss how to tackle this “great menace
affecting the world peace.” He said democracies of the world should pool
“all their material and spiritual resources in meeting this menace.”
Dr Adish Aggarwala, President, International Council of Jurists and
Chairman, All India Bar Association said the Conference has been
organised to discuss the urgent need for judicial reforms to keep pace
with the rapid changes taking place in the global economy and to
re-examine the constantly evolving role of the Judiciary so as to be
responsive to the needs of society.
“An independent, efficient and accountable Judiciary is the hallmark of a
working democracy which rests on the principle of checks and balances.”
Aggarwala said “It is notable that while new laws are being framed at a
considerable speed, the capacity to enforce these laws has not met
expectations in many countries.”
He suggested that “the judiciary must rise to the occasion to strengthen
the arms of the State in combating the problem of terrorism while
maintaining the rule of law and protection of human rights.” more pti
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Aggarwala said some of Indian delegates could not participte in the
Conference on account of strict immigration norms of UK and the swine
flue.
Vijay Goel, Partner Singhania & Co, founder of Indo-European
Business Forum, speaking on Media in a Democracy, said “at times the
media does not always live up to the ideal – hobbled by stringent laws –
monopolistic ownership – and sometimes – the threat of brute force.
Serious reporting is difficult to sustain in competitive media markets
that put a premium on the shallow and sensational.”
He said, moreover, “the media are sometimes used as proxies in the
battle between rival political groups. In these cases the media
contribute to public cynicism and democratic decay. The media should
take extra care in such cases to ensure that the people are provided
with true and unbiased information to enable them make an informed
decision.”
Presenting an overview of the Indian judicial system, Chief Justice
Balakrishnan said the Indian judicial system consisted of about
sanctioned strength of 16,685 judges in the subordinate courts, 886
judges in the High courts and 31 judges in the Supreme Court of India.
“The foremost problem is the immense backlog of cases pending before our
courts at all levels,” he said, adding “This increase in the volume of
litigation can be attributed to improvements in education,
socio-economic progress and better awareness of legal rights.”
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