Wednesday, May 22, 2013

Law Ministry & Supreme Court cut down on vacation, reduce pendency



As reported by press a PIL has been filed in Madras High Court for putting an end to the colonial practice of long summer holidays in the higher courts. The plea advanced therein is that now-a-days air conditioning facilities are there in the courts, chambers, residences and cars and so there is no need for the courts to go on summer vacation for so long periods. Today judges are not exposed to sweltering heat conditions in their work environment as it used to prevail when the technology to cool the judges was not there in the British time.

Even the highest court of the land has about two months of summer recess apart from winter or other holidays. Courts also close down when a judge or a lawyer dies.  Thus the working days are reduced to a obnoxious proportion.

Some argue that judge-people ratio is skewed. There may be some substance but the fact also stares deep in our face whether strength of judges originally from seven including the chief justice to now thirty two (Article 124(1) of the Indian Constitution as amended in 2008) in the supreme Court and likewise manifold increase in judicial man power in high courts have made any effective impact on disposal of cases, the answer is a big no. The pendency at higher courts is alarming. The pay, allowances and other fringe benefits of judges have gone up enormously. Even the subordinate judges are enjoying huge pay packets courtesy Padmnabhamn Committee report and Shetty Commission report for staff. But still the zeal and diligence has ceased to work. The judges must bear this in mind that they are enjoying life on the sacrifices of the common people struggling to keep their body and soul together in the harsh economic hardships but contributing their blood & flesh to the state exchequer so that the country may move ahead. We hope, judges respect the sentiments and should leave no stone unturned to provide timely justice otherwise the situation may be irretrievable and impregnable.

Therefore the Law Ministry and the Supreme Court will have to make immediate efforts to ensure that working days are increased, pendency is drastically reduced, delay in disposal is restricted to one year, no adjournments are granted, and individual performance of judges is periodically evaluated in terms of quality & final disposal of the cases.

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