Tags: judge, SC, vacation bench, problems, judiciary, HC, strength

VACATION BENCH

WHAT?

– colonial concept, still being carried

– originated due to heat of summers when the judges went to Shimla (Gaeity Theatre, Town Hall, Mall road)

– bench during May -June (Usually May 11 to June 30) is reduced


STATUS ABROAD?

USA and France have no holidays (0 Holidays) for courts

UK has 24 holidays, Canada has 11, etc.

– India has 193 working days for SC, 210 days for HC, 245 for Trial Courts

China has 190,000 judges and max time for case clearance is 3 months

– India: ” Running a judicial system on a bullock cart in a supersonic age”


R M LODHA (on vacation bench)

– to do away with the vacation bench system.

– instead of taking leave “en bloc”, we can have staggered leaves for judges.

– its feasible by and judges would be required to tell their designated holidays every year in advance.

no. of holidays remain same, only their declaration becomes transparent and not all at once.

bar council of INdia: Impractical decision, cannot happen

Brother Judges : privately expressed resentment for not consulting them before announcement.

other Lawyers: We have AC’s now, so we have no heat inside in the court room… so do we really require these vacations?


PROBLEMS IN INDIAN JUDICIARY

justice delayed is justice denied, thus courts closing down have impact on common man.

– 3 million pending cases in High court, 26.3 million in subordiante and 39780 in Supreme court

– 19000 judges across country, each case typically takes upto 15 years to resolve.

– in future with rising literacy, the cases load set to rise to 75 new cases for 1000 popluation in 30 years.

– past 30 years, judges became 6 fold, but cases went up 12 fold.

– manual filing of all documents even today, eg. 2G scam case GUNNY BAGS FULL of documents were transferred to judges.

– judges have to read the documents, and write the judgments for the next day


ALTERNATE VIEW

–  vacation bench is not the problem

problem is the structure, vacancies of posts, slow speed of court rooms, manual system of working style, old fashioned practices

– need more judges in all courts, 300 positions out of 901 sanctioned strength HIGH COURT JUDGES in INDIA is vacant.

-example Uttar Pradesh has 70 High Court Judges vacant

– UP has 1 Million cases in HC pending

– in district and subordiante judges 3300 posts vacant.

– even SC strength is rarely full as judges keep retiring.

– we need constructive solutions, not making the already judges to grind for 365 days


http://polityinindia.wordpress.com/2013/07/04/thenarrativeofjudicialappointments/


JUDICIAL ACTIVISM VS OVERREACH

– SC emphasizes on the “Constitutional Duty” of PM and CM to recommend to the President those persons to be nominated as ministers who have an impeccable record. Thus PM should himself refrain from advising president persons tainted with criminal record.

– PRINICIPLE OF CONSTITUTIONAL TRUST : SC expects that true to the constitutional expectations and to protect the sanctity of PM’s oath, its the responsibility of PM himself to counsel against persons with tainted record.

– Election Commission of India: Recently mooted the reforms to curb the criminalization of politics by now disqualifying persons on framing of charges rather than waiting for conviction by court.

– To enable issues to be resolved through legislative than judiciary methods .example : Art 377 decision and overruling of HC Delhi decision.

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