We’ve less than 15,000 trial judges to adjudicate cases at the first stage; ideally we should have at least 50,000. Hence the undue delay in dispensation of justice. So, to bring in a rule of law, we need to appoint 10,000 trials judges each year for 5 consecutive years.
Very recently there was a news article that GOI is going to appoint 100 K soldiers to man the china border. A defense analyst may interpret this as an apparently populist measure. For, no longer wars are fought by foot soldiers and it is technology that settles the results of the wars. However, from this we can safely infer that, now we have the resources/money to appoint the required number of judges. What we need is political statesmanship to stand up to the demand of the time and deliver a plan that would usher in a climate of justice.
How we wish; in the next parliamentary elections all parties would declare when they can ensure that a murderer would be sentenced in 1 year and a rapist will be sentenced in 6 months. Mind you, that would require a paradigm shift from rupee 2/-kilo rice to judicial accountability.
So lets dream that in the next parliamentary elections (2014) the election manifesto of all the political parties would reassuringly claim something similar to this:
“If elected to power we would clear all pending cases (more than 2.5 corers) in 5 years and after that – from 2019 the following time duration for SENTENCING in the first trial court:
Crimes:…………………….Time required:
Murder: ………………………6 months
Rape…………………………..6 months
Theft………………………….3 months
Arson…………………………4 months
Hooliganism…………………3 months
Petty crimes………………….9-12 months
Bribery……………………….. 9 months
NB: if the above charges are brought against Group-I officers, MLAs and MPs; then those will be resolved in less than half the time indicated above- as these would be tried in fast track courts/ Lok Pal.
…so please vote us :)
A respected chartered accountant wrote:
The question is how do you select right kind of people for judiciary.In our time mostly who could not get anything better thought let us read law and they are now in high echeleon of justice.The state of lower judiciary is even more pathetic.Now you expect the number of trial judges should be 50000 from the present level of 15000.Please think is it necessary to have a law degree to be a judge in which case the system will perhaps always be wanting quality,therefore let us encourage youngsters who are reading integrated law etc now to join the service instead of only eyeing on law firms.
The question is how do you select right kind of people for judiciary.In our time mostly who could not get anything better thought let us read law and they are now in high echeleon of justice.The state of lower judiciary is even more pathetic.Now you expect the number of trial judges should be 50000 from the present level of 15000.Please think is it necessary to have a law degree to be a judge in which case the system will perhaps always be wanting quality,therefore let us encourage youngsters who are reading integrated law etc now to join the service instead of only eyeing on law firms.
My humble answer to above rejoinder:
You’ve a point here Sir!
However, lets examine whether we can fast track the process. We’ve more than 800 K registered advocates in our country. The total number of qualified law graduates might be twice that. (Please check with peer reviewed sources and let me know if I have erred) Even if we assume the quality of an average law graduate to be suspect, yet there is room for optimism. Now, we have more than 1.7 lac CAs and some of these CAs are also qualified in Law (LLB). There are many others - either in jobs, practice or business - who are also qualified to be judges.
So with criteria like 10 years of post qualification experience with a law degree- either in the bar or else where- these people can be recruited after further screening through 2 rounds of written tests and a round of interview. Then they would be drilled through relevant digital justice delivery procedure for a further period of 6 months before they are deputed to “Justice factories”!
These judges could be recruited on a contractual basis- say for 10 years. My hunch is that a good number of CAs/ CWAs/ CSs and class-I serving bureaucrats would qualify and bar councils might fume and fight such appointments.
These Judges- appointed on contractual basis- would be used to clear the backlog, at the first trial stage (lower judiciary). From the beginning they would walk in as First class judicial magistrates and would retire as such- No promotion, no pay rise.
To strengthen our judicial process, we should also start an IJS- Indian Judicial Services- in line with IAS/ IPS. Through IJS an entrant could go maximum up to High Court, to maintain the hallowed independence of our judiciary. Yet, once such a process is set in motion, the people who would retire from that service would be eligible to go into the collegium, which selects judges for High Court and Supreme Court from the bench. Their entry into these collegiums would address the “Uncle Judge” concern. Setting up of IJS may require constitutional amendments and the full result of this cadre can be harness after 3 decades of setting the process in motion. This issue –IJS- requires and independent article, so lets get back to our present concern- appointing contractual judges to quicken the justice delivery process.
To attract quality professionals the minimum contract period has to be 10 years and the minimum salary should be 1 Lac per month- fixed for the entire period or a start up consolidated salary of 50K per month and an annual increment above inflation levels. In order to manage the cash flows and also to offer pension and post retirement free accommodation, the government may declare that only 30/ 40 % of this salary- which may be a consolidated package- would be take home salary and the rest- post adjustment of tax- would be credited to relevant funds.
Besides managing cash flow, this – delayed payment- would also help maintaining independence of these judges. For, now the Judge would not have a motivation to amass illegal wealth and they would be assured about their post retirement life. In each state capital ‘retirement complexes with all recreational facilities’ would be built for these Judges. As per their choice they would be allotted a flat in one particular retirement home and they could stay in any other home, for a brief period- subject to availability of accommodation. The additional facility would be in line with the ‘time-share’ concept and that would make this offer quite attractive. Besides, they would also enjoy subsidized travel on national careers- preferably on the rails and other incentives, as it is available for retiring first class magistrates.
These retirement homes would belong to ministry of justice and hence after the demise of these retirees other judges (say those joining in the newly set-up IJS etc.) could be allotted vacated flats/ accommodations.
Here is another pertinent article to consider:
Now the fig leaf that is protruded to cover the shame is administrative delay! And that’s what we are concerned about.
How can you delay projects involving thousands of crores and thousands of jobs for years without and then claim it was due to administrative delay! Then do we need such a hopeless administration?
The message on the wall is loud and clear: When it’s a matter of the livelihood or honor of millions of common men, we cannot afford to have such delays. Just compare this with the situation when terrorists hijacked a plane to Kandhar and demand the release of dreaded terrorists lodged in high security prisons. Within 7 days they are released to save the skin of the kith and kins of these well-connected people. Ditto for Rubayiya Sayeed- in 1989, for her father was the then Home minister! And when it’s about development and inclusive growth ‘administrative delay’ is the ‘fall guy’. Sorry, we do not buy this argument!
We need justice in time and that’s our birthright! And, we’ll achieve it!!
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