President Ms Patil on India's creaky justice system

President: time for crusade against scourge of court arrears

New Delhi: Voicing concern over delay in dispensing justice, President Pratibha Patil on Saturday said, “We cannot allow a situation where the common man is tempted to take the law into his own hands and subscribe to the deviant culture of the lynch mob.”

“The foremost problem to be tackled is the huge swell in the volume of litigation. Congestion in courts has become a daunting challenge. Case disposals are excruciatingly time consuming. This agonising delay has rendered the common man’s knock on the doors of justice a frustrating experience,” she said inaugurating a national seminar on judicial reforms organised by the Confederation of Indian Bar at the Vigyan Bhawan here.

Expressing her anguish, Ms. Patil said: “After more than six decades since our independence, time has come when we need to seriously introspect whether our judicial machinery has lived up to its expectations of walking the enlightened way by securing complete justice to all and standing out as the beacon of truth, faith and hope.”

Ms. Patil said: “The time has come when we as stakeholders, without being unduly touchy and sensitive to criticism, have to collectively introspect the causes of the ills of judicial administration and find solutions squarely.”

She attributed the delay in dispensing justice to the intricacies of procedures, prolonging cases and unending process of appeals. The ratio of judges to population was yet another reason. “We have only 10.5 judges per million population.”

Simplify procedure

The President said, “We need to have in place a judicial machinery which is easily accessible and [which] dispenses affordable and incorruptible justice to the people.

Towards this endeavour, there is a strong case for making some of our legal procedures simple, streamlined, rational, easily understandable and commonsensical.” However, amendments of procedures had to be made carefully to ensure quick justice while at the same time safeguarding fair play, equity and good conscience. “Speedy but faulty justice is no justice at all.”

please review the post by dreamsindia, an appropriate reply.

Under the Constitution post of President is not for public discussion.

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Originally Posted by psnswaminathan

Under the Constitution post of President is not for public discussion.

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Because, The President is elected by the corrupt electoral college and not by the public ---- Right Mr. psnswaminathan?

Why not begin with the cases against you madam "First Woman President"

and scrap the stone aged, outdated electoral process ?

Measures of improvement are started from the Top madam "First Woman President", that is called Justice

because President of India is the Constitutional Head, I will not enter into the discussion on this topic.

I have great respect of Head of State - whoever occupies it.

with kind regards

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Originally Posted by psnswaminathan

because President of India is the Constitutional Head, I will not enter into the discussion on this topic.

I have great respect of Head of State - whoever occupies it.

with kind regards

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On this, I agree with you dear, but The measures of Improvement are supposed to begin from the level of constitutional head

there are lot of reasons behind my distancing from answering/voicing on the issue.

since responses were there let me explaint what was in my mind/heart.

The President of India is not not only Head of State, but also heads of all functions viz., the Government - executive, Legislature, Judiciary, Defence, what not in the earth (read India) under the Constitution.

in simple manner, let me explain the case - in the decent family even if head of family is unhappy with any member of the family - he/she never come out openly - instead, head of family choose the occasion of voicing his/her desent when people (authorities) concerened come for internal briefing - still head of family never (in normal course) call any member of the family on his/her own - if done it will give room for gossiping, speculation, etc., This is like that even in small nuclus family -- then what about a country to be managed by Head of State.

The President of India normally never critices any function of his/her Government in any quarum.

The President of India as per constition is pleased to appoint everyone and they serve the Country at the pleasure of the President of India - with the displesure of the Head of the State, literrally none can remain in the Office.

Voicing against any Machinery function is not being done by any President (they are like Queen of England to a great extent). For a great extent Head of State is a decratory chair - not being dragged in any politics.

Even in Parliament and other Official functions President of India shall read the message what has been approved by Cabinet.

Even in Cabinet, Parliament, Judiciary or in any functions, the Authority in one function never critises other functiuons, even their subordinates in open quarum - that is the decorum of Office.

Whether Parliament, Cabinet including Prime Minister or the the President of India or whosoever b survives under whose pleasure is a controversial subject to be discussed.

Even in maiden foreign visit of the Office of Honourable President of India has also ended up with some Hot News (talk of the town for a day).

all these things will happen if learnt/seasoned/matured Prime Minister is not given free hand in choosing Head of State - instead Electrol college given more weight for a friend of a particular family - embrasement will certainly continue not only to judiciary but also to the Government.

we, the citizen of India will be happy if there is no impeachment proceeding. As long as the Government listens to one family, there will be no trouble of such - when successor steps in to the Government the troubles may start.

Anyway we will be very happy if ordinary law obeying citizens are not dragged in to any controversial issues of this nature.

The post of the President or Chif Justice should all be openly discussed.

This is a democracy. Or supposed to be one. Not a feudal state. Democracy works only under open systems. And in a democracy, there should not be any holy cows.

Or are we actually having a system that enable politicians to fool the people by giving them one vote every five years and then they behave like total masters after that.?..Is it all a sham democracy we are having in India.?

yes I agree to your views - a wishful thinking. Learnt constituent body thought otherwise and gave us Constitution of India under which governing and behaviour of citzen should be there.

we cannot breach constitution of India and take law in to our hand.