The Supreme Court today issued notice to the Central government in a PIL that seeks directions to double the number of judges in the country..Notice was issued by a Bench comprising Chief Justice of India TS Thakur and Justice R Banumathi in a petition filed by lawyer Ashwini Upadhyay..Upadhyay has contended that the right to fair trial and speedy justice guaranteed under Article 21 is not adequately safeguarded..His petition states that,.“Judiciary is over-burdened and rendered ineffective with unnecessary litigation, delayed procedures, obsessive concern with the livelihood of Advocates at the cost of justice to litigant’s, public and indiscriminate application of writ jurisdiction.. Excessive caseload means that most orders emanating from courts would be by nature of granting stays instead of adjudication. Local people, who know all the facts, have neither the means nor access to go through complicated, incomprehensible court procedures. Touts flourished and justice suffered. .As a result, most citizens avoid courts except in the most extreme circumstances, when they have no other recourse available. Essentially, the failure of the civil and criminal justice system is manifesting in abnormal delays in litigation and huge pendency in courts. .Approximately 30 million cases are pending in various courts all over the country. …. .In 1995, it was estimated that around 58 lakh criminal cases were pending and only 17.3 lakh cases were disposed during the year accounting for 23% only.”.Upadhyay’s petition has also dealt with problems of access to justice due to high fees charged by lawyers coupled with the complexities of litigation..“…delays, complexity and unending appeals make litigation inordinately expensive in India. While astronomical fees are charged for legal consultation by high-priced lawyers practicing in the higher courts, even in the lower courts cost of litigation is prohibitive and beyond the reach of most citizens.”.Upadhyay has prayed for the following:.“Direction to the Centre to double the number of judges, as recommended by the Law Commission in its 245th Report, which is essential to secure the fundamental right of fair trial and speedy justice to the citizens;.…direction to expedite the Judicial Reform as suggested by the Law Commission in its 221st and 230th Report and implement the Resolution of the Advisory Council of the National Mission for Justice Delivery and Legal Reforms and the Resolution of the Chief Justices and Chief Ministers Conference 2013.”.His petition comes at a time when there have been a flurry of appointments in the higher judiciary. In fact, the apex court itself will be seeing four new judges, including senior counsel LN Rao.
The Supreme Court today issued notice to the Central government in a PIL that seeks directions to double the number of judges in the country..Notice was issued by a Bench comprising Chief Justice of India TS Thakur and Justice R Banumathi in a petition filed by lawyer Ashwini Upadhyay..Upadhyay has contended that the right to fair trial and speedy justice guaranteed under Article 21 is not adequately safeguarded..His petition states that,.“Judiciary is over-burdened and rendered ineffective with unnecessary litigation, delayed procedures, obsessive concern with the livelihood of Advocates at the cost of justice to litigant’s, public and indiscriminate application of writ jurisdiction.. Excessive caseload means that most orders emanating from courts would be by nature of granting stays instead of adjudication. Local people, who know all the facts, have neither the means nor access to go through complicated, incomprehensible court procedures. Touts flourished and justice suffered. .As a result, most citizens avoid courts except in the most extreme circumstances, when they have no other recourse available. Essentially, the failure of the civil and criminal justice system is manifesting in abnormal delays in litigation and huge pendency in courts. .Approximately 30 million cases are pending in various courts all over the country. …. .In 1995, it was estimated that around 58 lakh criminal cases were pending and only 17.3 lakh cases were disposed during the year accounting for 23% only.”.Upadhyay’s petition has also dealt with problems of access to justice due to high fees charged by lawyers coupled with the complexities of litigation..“…delays, complexity and unending appeals make litigation inordinately expensive in India. While astronomical fees are charged for legal consultation by high-priced lawyers practicing in the higher courts, even in the lower courts cost of litigation is prohibitive and beyond the reach of most citizens.”.Upadhyay has prayed for the following:.“Direction to the Centre to double the number of judges, as recommended by the Law Commission in its 245th Report, which is essential to secure the fundamental right of fair trial and speedy justice to the citizens;.…direction to expedite the Judicial Reform as suggested by the Law Commission in its 221st and 230th Report and implement the Resolution of the Advisory Council of the National Mission for Justice Delivery and Legal Reforms and the Resolution of the Chief Justices and Chief Ministers Conference 2013.”.His petition comes at a time when there have been a flurry of appointments in the higher judiciary. In fact, the apex court itself will be seeing four new judges, including senior counsel LN Rao.
