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This is an archive article published on January 4, 2011

Time-bound justice

Law ministry sets the clock ticking it must hasten other pending reforms.

The Union law ministrys proposal to make the delivery of justice time-bound and also enlist the right to justice as a fundamental right strikes the right chord. However,our experience in the recent past with ambitious bills that dont see the light of day,despite sounding good,tells us that much of this may remain in the realm of words and come to mean little in practice. As reported in this newspaper on Monday,the law ministry seeks to set a time-table for the disposal of individual cases and create a system whereby courts deal with similar cases in a cluster format. Besides,an undertrial

as long as hes not accused of terrorism or anti-national activities will be released on bail after a specified time has lapsed,without recourse to judicial prerogative. Systemically,a three-tier case management set-up will increase the jurisdiction of small-claims courts,allow new fast-track courts and a new multi-track system.

Innumerable plaintiffs in India discover to their grief that due process is a punishment. Moreover,the delays result from procedural conventions under judicial control. While individual judges often prove their credentials,the systemic faults compromise speedy justice delivery. Our backlog of cases is therefore staggering. In fact,the Supreme Court has spoken out about litigants right to speedy justice and free legal aid. The law ministry,proposing a review of the legal aid system too,has decided to push the current proposal despite apprehensions of the judiciarys disagreement with time-bound cases.

Why all this sounds futile is the important judicial legislation still pending,such as the Judicial Standards and Accountability Bill. Union Law Minister M. Veerappa Moily had set out an ambitious reform agenda,but little has moved. For judicial reform,while the judiciary has to walk the extra mile,the executive must engage the former in dialogue. Behind the appeal of the right to justice as a fundamental right,lies the overhaul needed by the judicial system. Ironically,its the gargantuan backlog and number of undertrials that can ground the proposal for speedy justice. Besides epic ambitions,more realistic action is what the law ministry should be looking at.

 

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