Advani seeks radical judicial reforms

Advani said the government8217;s commitment to initiate judicial reforms, as stated in the BJP8217;s manifesto as well as the national agenda for governance, 8220;remained strong and undiluted.8221;

Pointing at the credibility of the Indian judiciary, the Home Minister said: 8220;The result is that the legal system instead of being part of the solution has ironically become part of the problem.8221;

He stressed that comprehensive judicial reforms cannot be accomplished by the government alone, but the people within the judicial system which include judges, lawyers, bar associations, litigants and associations will also have to build a powerful opinion and climate in favour of reforms.

State Governor Anshuman Singh, who also spoke on the occasion, called for professionalising the legal aid system. He said,8220;The lok adalats are not to be used as channels of celebrating judicial egos or avenues of self- promotion or means of financing entertainment expenditure of High Court judges.8221;

He asserted that he did not insinuate that these things are happening but they could happen here. Calling for holding more frequent lok adalats in rural areas, the Governor asserted that as per his personal experience cases are ripened8217; before a lok adalat meets on a particular date so that in a single sitting hundreds of ripened8217; cases are shown to be disposed of. He added that according to information received by him, lawyers and insurance companies strike deals to share commissions in the settled amount.

He pointed out that in compensation cases it is a moot point that in how many cases the money has actually reached the awardees within a fortnight or a month. He suggested introduction of a time table for payment in the decree and also building of a clause for penal interest in the judgment for failing to pay on the prescribed time.

The Governor also suggested that the scope of the lok adalats be increased since they mainly deal with compensation cases in motor accidents. He said that family courts can be set up to settle family matters such as maintenance, custody of children, separation and restitution of conjugal rights. Similarly the lok adalats can be of use in reducing the workload of land revenue courts, criminal jurisdiction and in solving the service matters through setting up of special tribunals to deal with cases pertaining to these subjects, he added.

Expressing concern that 8220;this new structure of institutions should not degenerate into yet another bureaucracy,8221; Singh said that it is better to set up checks, balances and methods to prevent it and also to build protection from within. The Governor went on to suggest that there is a need to strengthen district and taluka-level structures in terms of resources, commitment of officials and non-officials concerned. He added that a healthy competition should be encouraged among these district and taluka authorities not only in terms of number of cases settled but also the quality of disposal.

Acting Chief Justice of Gujarat High Court, K G Balakrishnan said that the judiciary is making efforts to come out of its cocoon to establish some kind of direct link with the people and provide them speedy and free justice. State Chief Minister Keshubhai Patel was also present.