Judiciary Flashcards
- There is serious concern over inordinate delay in justice delivery in the country. In this connection what are your suggestions regarding the bifurcation of the Supreme Court?
1.Shri Venkaiah Naidu, VP has suggested several reforms including bifurcation of the Supreme Court and setting up of four Regional Benches of the Apex Court besides evolving Standard Operating Procedures (SOPs) that limit the number of adjournments and the timeframe for disposal of cases by the courts.
Shri Venkaiah Naidu strong endorsed the recommendation of the Law Commission towards splitting the Supreme Court into Constitutional Division and Courts of Appeal for steady disposal of cases.
- Is there a need to amend the Constitution?
- Shri Naidu also underlined the need to set up four Regional Benches of the apex court and went to the extent of saying that this arrangement does not require any amendment to the Constitution. He recalled that Article 130 of the Constitution which says: “The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time appoint.” Shri Naidu also referred to a recommendation of the Parliamentary Standing Committee on Law and Justice on having Regional Benches of the Supreme Court on trial basis.
- Lawyers waste a lot of time in securing adjournments and in arguing for days. What is the remedy?
- To cut the present delays in delivering justice, Shri Naidu urged that Standard Operating Procedures (SOPs) may be evolved by the judiciary by which the number of permissible adjournments can be specified and a time limit can be set for disposal of cases based on the nature of issues involved. Also lawyers may be given an hour to argue and give in writing details of their further arguments. They secure adjournments since they charge their clients for every appearance.
- The SC feels that the number of judges must be increased. Your view?
The Vice President urged the Government to be much more proactive in addressing the large number of pending vacancies in the judicial system so that delays are avoided. He urged the judiciary and the Government to act in tandem in this regard.
- What is the importance of speedy decision.
Continuing with his concern over justice delivery, Shri Naidu said; “the speed and quality of justice delivery in the country has a huge bearing on the economic development as it impacts the flow of investment. It would be better if judges at various levels are exposed to special orientation programmes organised by the judiciary itself on various technical and specialised branches of emerging laws and the attendant issues and processes. ”
- What is the importance of legal education in this respect?
- Shri Naidu has called for induction of capable judges and quality lawyers besides improving the quality of legal education to enable delivery of justice in time.
- Relate the delay in Justice to the cases arising out of the anti defection law.
(sure question in GS on Representation of the People Act)
- Shri Naidu who is also the Presiding Officer of Rajya Sabha underscored the need to revisit the Anti-Defection Laws contained in the Tenth Schedule of the Constitution to prevent loopholes and set time limits for the Presiding Officers of various legislatures to decide on defection matters in quick time. He recalled several instances of delay in deciding on defection matters as a result of which those subsequently disqualified have completed their terms in legislatures. He also suggested special judicial tribunals for disposing defection cases within six months to one year. The Vice President also underscored the need for election cases and cases of criminal proceedings against politicians to be decided by special benches of higher courts for their disposal within six months.
- Can the judiciary survive without the active support of the lawyers, the clients, the Legislature, the Executive and indeed any society riven by conflicts long survive.
No judiciary can survive as a judiciary. It can soon become an advisory body. This much I think I do know. A society that has no spirit of moderation, no court can survive and no court can flourish . No court can save the fundamentals of the constitution. Judge Leraned Hand.
