Pending cases in Indian Courts - 3.7 Million

New Delhi: The Union Cabinet on Thursday approved a proposal to increase the number of judges in the Supreme Court from 26 to 31 including the Chief Justice.

Briefing journalists after the meeting, chaired by Prime Minister Manmohan Singh here, an official spokesperson said a Bill to amend the Supreme Court (Number of Judges) Act, 1956, would be introduced in Parliament soon.

In 1986, the number was raised from 18 to 25 excluding the Chief Justice.

Now the government decided to increase the strength in view of the pendency of cases — 46,926 till January this year.

In 2002, the apex court by a judicial order directed the Centre to increase the number of judges in the apex court and the High Courts in a phased manner to tackle the mounting arrears.

In the High Courts, a little over 37 lakh cases are pending.

As against the sanctioned strength of 877 judges, only 593 posts have been filled. Considering the backlog of cases, there is a move to increase the strength of judges in various High Courts also. Though formal approval has been accorded, the government is yet to issue the notification.

Demanding Parliamentary Speaker's Resignation
Undear Mr. Chatterjee,
Enough is Enough!

You senseless politicians can never realise that Next to God, it is The Judiciary, an Indian has faith in.

It is astonishing to learn about your beliefs in scrutinising the petitions and not increasing the number of judges. Your non application of mind on the issue, makes people of India learn that you intend to hamper the Judicial System for the sake of your dirty politics and unfair governance. It is a well-known fact that most people dont even have The time, The money, The Resources and The Energy needed to appeal to the courts and contest their cases. They are just too occupied at earning their livelihood and keeping their housefire burning.

But each endurance has a limit
You have to Go! As the revolution is about to begin
Jai Hind!

we should follow the legal system as of USA. then all this problems will disappear.

Originally Posted by psnswaminathan

we should follow the legal system as of USA. then all this problems will disappear.

Why the hell are some people only accustomed to follow? Can never think beyond and only learnt of waging tail to the western countries as if the best things are only discovered by the western people?

Why the hell are some people only accustomed to follow? Can never think beyond and only learnt of waging tail to the western countries as if the best things are only discovered by the western people?

let us understand all countries system of working - let us analyse and take best part of it.

After all Constitution of India has been enacted in this way.

following other is not a sin - closing our eyes is a different thing.

let us not ignore anything on the face of it - let us see the positives of others working experience.

our learning start from the mother, then from father and then from Guru (teacher) and then from the world. On our own we cannot make us perfect.

Learning even from enimies an welcome sign. Let us see the teaching of Ramayana and Mahabharata.

with great respects to all and waiting to learn more from this community.

thanks

Originally Posted by psnswaminathan

let us understand all countries system of working - let us analyse and take best part of it.

After all Constitution of India has been enacted in this way.

following other is not a sin - closing our eyes is a different thing.

let us not ignore anything on the face of it - let us see the positives of others working experience.

our learning start from the mother, then from father and then from Guru (teacher) and then from the world. On our own we cannot make us perfect.

Learning even from enimies an welcome sign. Let us see the teaching of Ramayana and Mahabharata.

with great respects to all and waiting to learn more from this community.

thanks

This time you are perfectly right. I fully agree with you and open heartedly appreciate your views.

The measures of improvement must begin from The Electoral Process and we must not blame The Judiciary for all the flaws in the system. If the number of litigations have manifolded, it is because of the higher awareness of the people and their boldness in raising a voice against the system.

It does not mean that we begin to scrutinize the petitions and blame Judicial System for delay in delivery of justice. All of us need to take serious note that the litigations being filed are not more than 10% at an estimate. People do not even have time, energy and resources to contest the cases and one appeals to the courts only when it is extreme of endurance. The situation is in fact, more than alarming.

People in the country are free it is a myth, not a fact. They are no better than Orphans living in confinement. Fatefully, they have the only choice to cast a mute vote or just stay out of the electoral process. Isn't it a matter of larger shame?

Well.. in a democratic country, awareness is the best resource. But shamefully, people are not even aware of their fundamental rights properly. Overall, awareness is still not satisfactory but its increasing, what about coming years when it is going to increase at far more rate. Current judiciary system really lacks efficiency and I am sure it will not able handle things in coming future.

In the entire world more litigation is more in USA (then UK) and then only other.

still pending cases in USA is less.

In India honest people are more but very few dishonest spoil the whole cake.

On the Pending cases in India - electoral process is not an answer.

there should be lot of local courts (jury) - unemployed young Graduate with legal back-grounds should be compulsorily made Jury - they should be asked to work for one year befor taking-up regular employment - and regular employment must be offered only for clear hand youngsters.

then there should be guidelines for liquidating the damages suffered by petitioners - and most cases should be finalised locally.

then appeals to Courts should be allowed - and on primafacie if the appeal is not genuine, peitioners should be asked to deposit for litigation - if the case (appeal) fails the deposited money should be forefitted - and petitioner appeal is genuine his deposit should be refunded along with huge penalty collected from the person who made wrong litigation.

we should also realise delayed justice is denied justice - but for that reason we cannot expeditie judicial process where justice itself lost totally.


It is a bit complicated issue

regards

psnswaminathan

IMO every party has a role to play in resolving this mess.
Not just the government, or another party alone must take the blame.

The Judiciary..why do they have 200 days holidays
and 165 days working days, when there are over 3 million
cases pending.?

What kind of commitment are they showing by this example.?

I appreciate the responses that are with logics and anguish. I am proud atleast now I am with intelegent gentle men (gentle women too) who have same wave length as most good people think for correcting our legislative, executive and judiciary set-up.

One way Judiciary availing 200 days declared holidays is understandable - what about adjornment, Lawyers strike, etc., -- intelligent Lawyers delay tactics - the case will run for many years - immediately respondent lawyer will demand whole proceeding in another language - the case will further suffer delay of 6 to 12 months. Another Lawyer demand change of Court for one reason or other. There will be urgent cases with political pressure and for publ;icity. There are many more pressure on Judiciary for delayed justice or no justice. “As a result of such delay, the possibility cannot be ruled out of loss of important evidence, because of fading of memory, death of witnesses, etc., The problem of delay stares us all and the whole system would get crushed under its weight.”

It is our fate that we have to live in such a situation - do we have a escape route - there is no remedy.

To be very frank, I am tired after fighing one public interest case - I have filed one public interest complaint with Central Vigilance Commission and they have registered the complaint under CVC Ref:611/05/10 - it is just 3 years old. Any one interested in knowing about the case they can approach CVC under Right to Information Act (RTI Act) and can qoute my complaint Ref: 611/05/10 and get the copies of my complaint, and the status of the case.

The system given to us is a fratured system - Constitution written by intelligent gentlemen who never looked at it on the other side while giving freedom to pepole - The mighty took control and rest are all suffering.

I don't think there is an escape route.

with kind regards

sincerely
psnswaminathan

Originally Posted by psnswaminathan

In the entire world more litigation is more in USA (then UK) and then only other.

still pending cases in USA is less.

In India honest people are more but very few dishonest spoil the whole cake.

On the Pending cases in India - electoral process is not an answer.

there should be lot of local courts (jury) - unemployed young Graduate with legal back-grounds should be compulsorily made Jury - they should be asked to work for one year befor taking-up regular employment - and regular employment must be offered only for clear hand youngsters.

then there should be guidelines for liquidating the damages suffered by petitioners - and most cases should be finalised locally.

then appeals to Courts should be allowed - and on primafacie if the appeal is not genuine, peitioners should be asked to deposit for litigation - if the case (appeal) fails the deposited money should be forefitted - and petitioner appeal is genuine his deposit should be refunded along with huge penalty collected from the person who made wrong litigation.

we should also realise delayed justice is denied justice - but for that reason we cannot expeditie judicial process where justice itself lost totally.


It is a bit complicated issue

regards

psnswaminathan

Dear Swaminathan and All Friends

I do not agree on your views that Electoral Process is not the answer rather it is the electoral process where the reforms must begin from.

People of India are still far from having an insight into the system we have. Just a glimpse to the following facts and questions clarify the picture:

1. People of India only elect MPs / MLAs / Municipal Councillors
(60 years past when literacy ration was extremely low and today as well, there is no promotion to privilege of a voter... Hope people will understand)
2. President of India is not elected by people of India but Electoral College
3. EC Office does not function under Judiciary but Legislature
4. More than 50% of voters do not participate in Electorate Process
5. Most of them are more educated than those who participate

--- Many more published on http://dreamsindia.com ----

People need to open the parachutes of their minds and understand the strategy of politicians (First placed their own president, then Speaker blames judiciary and at the same time The First Woman President too blames judiciary and ????? , ????? ) just wait and watch for their moves...
Jai Hind!

Dear Friends

SWARAJ CHAHIYE , SAMPOORNA SWARAJ

People of India are still far from having an insight into the system we have. Just a glimpse to the following facts and questions clarify the picture:

1. People of India only elect MPs / MLAs / Municipal Councillors
(60 years past when literacy ratio was extremely low and today as well, there is no promotion to the privileges of a voter... Hope people will understand)
2. President of India is not elected by people of India but Electoral College
3. EC Office does not function under Judiciary but Legislature
4. More than 50% of voters do not participate in Electorate Process
5. Most of them are more educated than those who participate

--- Many more published on http://dreamsindia.com ----

People need to open the parachutes of their minds and understand the strategy of politicians (First placed their own president, then Speaker blames judiciary and at the same time The First Woman President too blames judiciary and ????? , ????? ) just wait and watch for their moves

thanks for an interesting reponse - I clearly understand the anguish.

can we find remedy -

my answer may be unseasonal without diplomacy - but the sad part of our Constitution has been written by gentlemen (who never walked on the other side in their life) - but the constitutional benefits are enjoyed by a very few depriving the rights to many. How many common people afford to go to Court - how much of them have courage - what is the threat (personally I had bitter experience of having taken-up a public interest case -- now I understood the power game - certainly people like me, who live humble life cannot afford to face the consequences including threat to life)


people say that they do not agree on your views that Electoral Process is not the answer there is also a conflicting statement stating that "People of India are still far from having an insight into the system" with some examples (available in the above response) there is also mention that (1) More than 50% of voters do not participate in Electorate Process (2) Most of them are more educated than those who participate.

the response itself highlight where is the weakness in our democractic function.

is it that easy to amnd the constitution - who can amend the constitution - the people who are now in the power - what is the justice one can expect.

the answer for these question will be with bitter taste.

take the example of Right to Information Act - there are many cases reported stating that Officials are not responding properly.

Now some high profile polical manager wanted to fish out of troubled water. they wanted judicial should be brought under the purview of RTI Act. Every one knows that this require amendment to constitution - still they air empty voices a hero of clean adminstration.

Let them do one simple thing before doing anything - they should enable RTI Act (under single window system) the informations should be furnished not only to Applicant but also to Law enforcing Officers, CAG, CBI, CVC, Election Commission, Judiciary - and all these authorities as a single Agency should be made responsbile for taking action suomoto bring justice. will any one dare to do this (when they make cry to bring Judiciary under RTI Act).

pople talk for publicity - no one is really interested in correcting the system for bring clean, transparent administration.

One can have all informations - what is the use - take the case of recent debate in Rajya Sabha on Honourable Minister S/Shr TR Baalu and on PMO Office - what is the action contemplatged - everyone try to save the fractured Government but no one is interested in bringing a clean transparent government.

More than change in electrol process - people of India as a whole should have ethics, morality, full and complete participation in electrol process (voluntarily) - as long as it is not done - we cannot bring clearn, transparent, corruption free government.

we should try to live with it - (I have already reconsiled to the situation )

thanks - I think everyone has reconsiled to the situation and becaome silient