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21/08/2019 - Indian Polity

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August 21, 2019

Vacancies, Adjournments and Vacations are not the only causes of delayed justice in Indian judicial system. Examine (200 Words)

Refer - The Indian Express

Enrich the answer from other sources, if the question demands.


 


 

5 comments
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Jayashri Ramesh Sundaram 5 years

Respected Sir/Ma'am,

Kindly review my answer and give feedback.
I am in my initial stages of UPSC prep.


Thanks in advance

IAS Parliament 5 years

Try to underline key points. Try to include about Justice clocks, e-courts mission etc for better content. Try to provide sub-headings for better presentation. Keep Writing.

Aspirant 5 years

kindly review it

thank u

IAS Parliament 5 years

Good answer. Keep Writing.

Anu 5 years

Kindly review. Thank you.

IAS Parliament 5 years

Good answer. Keep Writing.

IAS Parliament 5 years

KEY POINTS

·        The Economic Survey of 2017-18 and of 2018-19 provided new insights into traditional areas of judicial reform.

·        Government adjudicators performing quasi judicial functions or taking administrative decisions must improve the quality of their orders.

·        Poorly drafted orders have resulted in contested tax revenues in the region of Rs 7.58 lakh crore as on March 31, 2017. This is equal to 4.7 per cent of the GDP and it is rising.

·        The success rate in government litigation relating to tax is less than 30 per cent and, in some instances, goes down to 12 per cent and further, while litigation is increasing.

·        The Economic Survey points out that the only beneficiaries are lawyers who get about 31 per cent of the total claim.

·        About 87.54 per cent of the total pendency of cases is in the district courts where judicial activism does not exist.

·        Assuming that increasing judge strength and providing adequate staff does make a difference in the pendency figures, the fact is that the budget allocated to the judiciary is between 0.08 and 0.09 per cent of the GDP.

·        Case and court management are the most important areas which, unfortunately, have not been adverted to in the Economic Surveys.

·        The Ease of Doing Business Report of the World Bank for 2018 and 2019 shows that the time taken to decide a case has remained static at 1,445 days.

·        Fast track courts or special courts or increasing the number of judges are not viable solutions, but ad hoc measures. About 30 per cent of the life of a case is spent in something as simple as service of notice.

Measures for effective judicial system

·        A number of other tools have been provided to judges and the administrative staff through the eCourts Project of the Supreme Court.

·        The sole aim is to make justice delivery more responsive to the needs of litigants.

·        The 13th Finance Commission which introduced the concept of professional managers, an idea that has gained traction in the Economic Survey.

·        However, when court managers were introduced in some of the courts, only a handful of chief justices took their engagement seriously, resulting in the experiment turning out to be a complete flop.

·        Court managers or equivalent professionals are the need of the hour and justice delivery can improve only if the courts accept and adopt professional help in their administration.

·        Justice clock is an another initiative that empowers people to dispose the pending cases effectively, which needs to be replicated throughout India.

 

 

Rahul 5 years

Pls review 

IAS Parliament 5 years

Try to include about article 39A, Justice clocks, data from national judicial data grid, economic survey. Keep Writing.

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