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How the Indian judiciary can overcome its challenges, plus what are the justice options for the citizens and what are the pros of it?
Strengthening Infrastructure: Invest in improving court infrastructure, technology, and administrative support to reduce backlogs and enhance efficiency.
Judicial Reforms: Implement judicial reforms to streamline procedures, enhance case management, and reduce delays in the legal process.
Increasing Judicial Capacity: Appoint more judges to fill vacant positions and ensure an adequate judge-to-population ratio.
Digitalization: Embrace technology for case filing, tracking, and virtual hearings to enhance accessibility and reduce paperwork. Telelaw is a good initiative. Explore more.
Practical Legal Education: Improve legal education and training to produce skilled professionals who can contribute effectively to the judiciary.
Transparency and Accountability: Ensure transparency in the appointment of judges and establish mechanisms for accountability.
Legal Aid: Expand access to legal aid services, especially for marginalised and underprivileged communities.
Public Awareness: Promote legal literacy and awareness among citizens to reduce frivolous litigation and encourage responsible legal action.
Fast-track Management: Implement case management systems and specialised courts for specific types of cases to expedite the resolution process.
Reducing Pendency: Set clear timelines for the disposal of cases and enforce them rigorously.
Interactions with Stakeholders: Engage with all stakeholders, including lawyers, litigants, and law enforcement agencies, to gather feedback and make continuous improvements.
Legal Reforms: Review and update outdated laws and statutes to ensure they align with contemporary social and economic realities.
Both traditional and international best practices: study and adopt best practices from other countries' judicial systems, including our own ancient, extraordinary system, to learn and improve.
On the contrary, one can also access the method of alternative dispute resolution (ADR), discarding litigation.
If needed, one can also explore our original system of justice, known as panchayats. Below are some key points or pros that every citizen must know: -
Accessibility: Panchayat justice systems are often more accessible to rural and marginalised communities as they are located within the community itself, reducing the need for individuals to travel long distances to access formal legal institutions.
Cost-Effective: Panchayat justice systems are generally less costly than the formal legal system, making justice more affordable for individuals with limited financial resources.
Cultural Sensitivity: Panchayats are often more culturally sensitive and familiar with local customs and traditions, which can be advantageous in resolving disputes that have cultural or social dimensions.
Speedy Resolution: Disputes are typically resolved more quickly in panchayats compared to the often lengthy formal legal processes, reducing the backlog of cases.
Mediation and Conciliation: Panchayats often focus on mediation and conciliation, which can help maintain community harmony and relationships, as opposed to adversarial approaches in the formal legal system.
Community Participation: Panchayats involve the active participation of community members, allowing them to have a say in dispute resolution and fostering a sense of ownership over the process.
Reduced Formality: The procedures in panchayat justice systems are often less formal and intimidating than those in formal courts, making it easier for individuals to present their grievances.
Customary Law: Panchayats often apply customary or traditional laws that are well-understood and accepted within the community.
It's high time that the judiciary rise above its conditioning and obsession and start thinking in the direction of an inclusive approach to achieving overall justice.
A great philosopher once said that a person who doesn't learn to rise above his compulsion of ego will never be able to grant the justice required. Thus, it's high time to rise above this senseless game to make 3 benches, 5 benches, fooling the common people, assuming that they know nothing.
The judiciary should also be clear that the collegium is somewhat not in the spirit of the Constitution in the true sense of the Constitution, as it lacks transparency and is a "closed-door affair," as no one knows on what basis the judge is being appointed. Thus, it may have the possibility of hampering the system of justice.
- Atul Tyagi
© Solutions in terms of clarity for life.
#law #judiciary #citizenrights #constitution #Legalactivism
Judicial Reforms: Implement judicial reforms to streamline procedures, enhance case management, and reduce delays in the legal process.
Increasing Judicial Capacity: Appoint more judges to fill vacant positions and ensure an adequate judge-to-population ratio.
Digitalization: Embrace technology for case filing, tracking, and virtual hearings to enhance accessibility and reduce paperwork. Telelaw is a good initiative. Explore more.
Practical Legal Education: Improve legal education and training to produce skilled professionals who can contribute effectively to the judiciary.
Transparency and Accountability: Ensure transparency in the appointment of judges and establish mechanisms for accountability.
Legal Aid: Expand access to legal aid services, especially for marginalised and underprivileged communities.
Public Awareness: Promote legal literacy and awareness among citizens to reduce frivolous litigation and encourage responsible legal action.
Fast-track Management: Implement case management systems and specialised courts for specific types of cases to expedite the resolution process.
Reducing Pendency: Set clear timelines for the disposal of cases and enforce them rigorously.
Interactions with Stakeholders: Engage with all stakeholders, including lawyers, litigants, and law enforcement agencies, to gather feedback and make continuous improvements.
Legal Reforms: Review and update outdated laws and statutes to ensure they align with contemporary social and economic realities.
Both traditional and international best practices: study and adopt best practices from other countries' judicial systems, including our own ancient, extraordinary system, to learn and improve.
On the contrary, one can also access the method of alternative dispute resolution (ADR), discarding litigation.
If needed, one can also explore our original system of justice, known as panchayats. Below are some key points or pros that every citizen must know: -
Accessibility: Panchayat justice systems are often more accessible to rural and marginalised communities as they are located within the community itself, reducing the need for individuals to travel long distances to access formal legal institutions.
Cost-Effective: Panchayat justice systems are generally less costly than the formal legal system, making justice more affordable for individuals with limited financial resources.
Cultural Sensitivity: Panchayats are often more culturally sensitive and familiar with local customs and traditions, which can be advantageous in resolving disputes that have cultural or social dimensions.
Speedy Resolution: Disputes are typically resolved more quickly in panchayats compared to the often lengthy formal legal processes, reducing the backlog of cases.
Mediation and Conciliation: Panchayats often focus on mediation and conciliation, which can help maintain community harmony and relationships, as opposed to adversarial approaches in the formal legal system.
Community Participation: Panchayats involve the active participation of community members, allowing them to have a say in dispute resolution and fostering a sense of ownership over the process.
Reduced Formality: The procedures in panchayat justice systems are often less formal and intimidating than those in formal courts, making it easier for individuals to present their grievances.
Customary Law: Panchayats often apply customary or traditional laws that are well-understood and accepted within the community.
It's high time that the judiciary rise above its conditioning and obsession and start thinking in the direction of an inclusive approach to achieving overall justice.
A great philosopher once said that a person who doesn't learn to rise above his compulsion of ego will never be able to grant the justice required. Thus, it's high time to rise above this senseless game to make 3 benches, 5 benches, fooling the common people, assuming that they know nothing.
The judiciary should also be clear that the collegium is somewhat not in the spirit of the Constitution in the true sense of the Constitution, as it lacks transparency and is a "closed-door affair," as no one knows on what basis the judge is being appointed. Thus, it may have the possibility of hampering the system of justice.
- Atul Tyagi
© Solutions in terms of clarity for life.
#law #judiciary #citizenrights #constitution #Legalactivism
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