jury system can end monopoly of judges
It is therefore necessary that legal system is revamped.Introduction of a jury system will go a long way in breaking the monopoly of the judges who as per reports and experiences of people,are highly corrupt.
India has a large population of educated,honest population who can be used as jurors and the computers can be used to choose the jury whenever required,so that corruption does not mar the jury system as well.
INDIA MUST VOTE FOR JURY SYSTEM TO END MONOPOLY OF JUDGES!
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2. S.C. Judgment on heavily accumulated and pending Cases ' [1987] 4 SCC 609 : S.C. laid down the following guidelines for the exercise of the right under Article 32 :- { MOST IMPORTANT }
1.The Scope of Art. 226 is wider than Art.32 . The parties first seek relief in the High Court and should come to the Supreme Court in appal only .
2. Hearing of the case at the level of High Court is more convenient to the parties. It saves lot of time.
3. The High Court has its own tradition. They have eminent Judges, whose capacity should be utilised.
4. Every High Court has a good Bar. There eminent lawyers with wide experience, handle different kind of cases. They know history of every legislation in their State.
5. The Supreme Court has no time to decide cases pending before it for the last 10 to 15 years. With the present strength of Judges and will take more than 15 years to dispose of all pending cases .
6. If the cases are filed in the High Court the task of Supreme Court acting as an original court which is a time consuming can be avoided .
7. If cases which may be filed in the High Court are filed in this Court it would affect the initiative of the High Courts . We should preserve the dignity, majesty and efficiency of the High Courts. The taking over by this Court of the work of High Court may undermine the capacity and efficiency of the High Court and should be avoided.
8. The time saved by this Court by not entertaining the cases which may be filed before the High Courts can be utilised to dispose of old matters in which parties are crying for relief .
AGAIN, NEITHER THE CONSTITUTIONAL BENCH OF S.C. NOR THE EXECUTIVE , and, even the Parliament took interest to help Indian Judiciary with sufficient number of COURTS and , adequate number of JUDGES in the Courts.
Thus, Indian Judiciary was purposefully and willfully kept inadequate which has caused for lakhs of pending Cases AND, NO CONSTITUTIONAL BODY TOOK INTEREST TO ARREST THE CRIMES AND FINANCIAL OFFENCES .
This is just due to imperfect and non-prompt Election Codes and Regulations pertaining to Political Parties, Politicians, Elected Members and, the very ELECTION COMMISSION . more
Jury system can end this judge monopoly and can break the nexus between lawyers and judges to make justice unreachable for the common man. more
1 ALL PLEADINGS OF ADVOCATES AND COURT JUDGEMENTS TO BE SPECIFIC WITH AND AROUND RULE OF LAW OFFENDED, DEFENDED & CLAIMS ONLY. ALL VAGUE, GENERAL AND BASELESS PLEADINGS SHOULD BE PUNISHABLE.
2 ANY DEPARTURE OF ADVOCATES/JUDGES FROM RULE OF LAW SHOULD BE SPELT OUT MANDATORILY WITH PUNISHMENT IN EVERY ORDER WITH SPECIAL REFERENCE TO THE RULE OF LAW OFFENDED, DEFENDED & CLAIMS. EVERY WRONG/ILLEGAL/UNTENABLE PLEADING 2 B PUNISHABLE AND TO BE SPECIFIED AS A MANDATORY PART IN EVERY ORDER/JUDGEMENT. INHERENT DISCRITION TO BE USED WITH SPECIFIC EXPLAINATION TO BE GIVEN MANDATORILY IN UPHOLDING THE RULE OF LAW OR AIMS & OBJECTIVES OF RULE OF LAW UNDER SUBJECT.
3 THE JUDICIARY SHOULD BE EQUIPPED WITH INTERNAL RESOURCES TO DELIVER JUDGEMENT ON THE BASIS OF SIMPLE APPLICATION DIRECTLY FROM LITIGANT. JUDICIARY NOT TO INSIST FOR EMPLOYMENT OF ADVOCATE. LITIGANT CAN HAVE OPTION OF SEEKING ADVOCATE SERVICES WITHOUT ANY ILLEGAL/WRONG HARASSMENT TO THE OTHERSIDE. ADVOCATE TO BE HELD RESPONSIBLE WITH PUNISHMENT FOR WRONG/UNTENABLE PLEAS FAILURE 2 SCREEN OUT ILLEGALITIES.
4 NOT A SINGLE ADJOURNMENT TO BE ALLOWED FOR ANY REASON OTHER THAN OF LACK OF TIME OF JUDGE, ATLEAST WHEN ADVOCATE IS REPRESENTING THE CASE.
4a EVERY FRIVOLOUS, ILLEGAL, VEXATIOUS WITHOUT SERIOUS PURSUANCE SHOULD BE DISPOSED WITH INVARIABLE PUNISHMENT.
4b EVERY ORDER SHOULD PROCEED AUTOMATICALLY TO A LOGICAL END, OR AND SPECIFY FURTHER AUTOMATIC PROCEEDINGS FOR APPEAL/EXECUTION BEYOND SPECIFIC PERIOD WITHOUT ADDITIONAL INTERVENTION. NO ORDER SHOULD BE LEFT UNEXECUTED.
5 EVERY BAR ASOCIATION TO DISPLAY PUBLIC GRADING OF ADVOCATES ON THE BASIS OF QUALIFICATION, EXPERIENCE, CASES REPRESENTED CIVIL/CRIMINAL/OTHER IN THE CAPACITY OF TRAINEE, ASSISTANT, ADVOCATE, SR. ADVOCATE, COUNSEL FOR PETITIONER/RESPONDENT AND CASE PENDING PERIODWISE/WON/LOST/SETTLED/ETC. CASES PENDING AGAINST THE ADVOCATE SHOULD ALSO BE DECLARED.
6 FACILITIES FOR LITIGANTS LIKE SITTING/WAITING ROOM WITHOUT ADVOCATES AND ADVERTISEMENTS, ACCESS TO COURT LIBRARY, RELEVANT COURT STATIONERY COUNTER, TOILETS/WASHING ROOMS, PARKING IN EVERY COURT. LIBRARIES SHOULD CONTAIN FORMATS OF ALL SUITS, APPLICATIONS, APPEALS AND OTHER ESSENTIAL PROCEDURES B4 COURTS.
THESE STEPS WILL GO LONG WAY IN FURTHER IMPROVEMENT IN DELIVERY OF JUSTICE. more