#001 INDIAN LEGAL SYSTEM- some observations


Indian Judicial System seems to be carrying the Yoke of Balancing and Pulling the two conflicting forces in Indian Society today. The burdens and responsibilities on the Judicial System from ApexCourt (Supreme Court of India) to the Lowest Grassroot Level Court (Junion Civil Judge) have grown limitlessly. The culture of Corruption rampant in Political Administration and Bureaucratic Administration seeped into Judicial System also, resulting in a situation, where people have started losing hope even on Judiciary. Today, we are fortunate that people are not irretrievably disappointed with the Indian Judiciary, though there is substantial despondency, everywhere. This Blog aims to examine some of the Serious Problems which Indian Judiciary is facing today, and try to analyse some Solutions for resolving the problems.

CHARACTERISTIC FEATURES OF INDIAN LAW ENVIRONMENT


1. Dead Slow. 2. Existence of Touts. 3. Accumulation of decade old cases

DEVELOPMENTS IN INDIAN LEGAL ENVIRONMENT

NATIONAL JUDICIAL COUNCIL
JUDGES ENQUIRY BILL 2006

--To be introduced in Indian Parliament.
--Constitution of the National Judicial Council, that will go into complaints against the Judges of the Supreme Court and the High Court.

FOREIGN CONTRIBUTIONS (REGULATION) BILL 2006

--To be introduced in Parliament.
--Prohibits acceptance of foreign contributions/foreign hospitality for any activities detrimental to national interest.
--Bars receipt of foreign funding.
*Organisations of political nature, not being political parties.
*Mass Communication media handling news, current affairs.
*Includes cartoonists, columnists, correspondents, editors, owners of associations, companies.



GLOSSARY OF IMPORTANT TERMS USED BY INDIAN LAWYERS
BRIEF EXPLANATION
STARE DECISIS

The word Stare = 'stand on'. Decisis = 'stand on'. A custom of courts 'standing' on the 'previous decisions' i.e past case law precedents.



MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS BILL 2006

This bill is ready. Likely to be introduced in Parliament shortly.




CRIMINAL CONVICTION OF POLITICIANS

Politicians incite violence in public glare. Yet, nobody dares to depose against them, cautious of dire consequences to follow. Courts insist on evidence. Courts do not have the wherewithall to initiate investigation and collect evidence. When the Courts order the Government and the Police to investigate, they go slow, probably because there is a need to shield the politicians.



Courts direct the victims to delete allegations against politicians or produce evidence or face prosecution for making false allegations. Thus, victims have to swallow both the injury and the insult.

Comments

Post a Comment

Popular posts from this blog

9 Prevention of Miscarriages

Image
Prevention of Miscarriages 9 High Courts and Supreme Courts ought to aim to prevent injustice. What is the use of post mortem? Topics for discussion: Miscarriage of Justice, High Courts, Supreme Court, Constitution, A.P. Bifurcation With due respect to the Supreme Court of India and the State High Courts in India, I am anguished to express my feelings as under: Supreme Court and High Courts seem inclined to intervene only after an injustice takes place and refuse to intervene if the petitioners approach in advance. Prevention of injustice, rather than some artificial correction after miscarriage of justice, ought to be the objective of a truly responsive Justice System. Philosophy of Justice expects that courts have to intervene, when applicants approach ahead of the actual happening of injustice, if there are indications of the injustice taking place, prima facie. Andhra Pradesh Bifurcation Bill serves as the best example of miscarriage of justice owing to refusal of High ...
Read more

011 Justice should not only be done, but also should appear to have been done!

Image
Photos courtesy http://supremecourtofindia.nic.in/judges/sjud/hldattu.htm    http://supremecourtofindia.nic.in/judges/sjud/kjoseph.htm Readers can also see the biodata of the Hon. Justices at the above links. Context This is in continuation of my post No. 010 at this blog:  http://indianlawyb.blogspot.in/search/label/010 Hon. Justice Joseph expressed his inability to attend a dinner-cum-Conference of CMs and Justices hosted by Prime Minister of India, as it was held on Easter Day. Justice Joseph has also raised some pertinent questions about future of Secularism in India, and also the particular act of holding the Conference on a day of Religious Importance. "...I may with deep anguish bring to your kind notice that such an important conference shouldn't have been held when some of us, who are otherwise expected to be part of the event, are otherwise committed on account of the holy days when we have religious ceremonies and family get- toge...
Read more

004 Why should Junior Advocates be made scapegoats?

Image
WHY BLAME A JUNIOR ADVOCATE? NEWS HEADLINE : "SC PULLS UP MAHINDRA SATYAM FOR 'ARROGANCE' " The SC here refers to the Supreme Court of India. Pulling up refers to the Supreme Court censuring the Company "Mahindra Satyam". Brief Details : A dispute between the Company 'Mahindra Satyam' and the Income Tax Authorities regarding the earlier order of the Income Tax Department demanding a tax of Rupees 6170 million (617 crore). The Income Tax Authorities seem to be re-examining their demand of Rs. 6170 million and probably trying to reduce it. A letter addressed by the Company to the Income Tax Authorities asking them to withdraw their demand, has been interprted by the Attorney General Mr. G.E. Vahanavati as highly offensive. A three-judge-bench headed by the Chief Justice of India remarked : "You cannot do this in such manner. Instruct them (Satyam) to withdraw the letter. This is not the way." The Bench seems to...
Read more