INDIA

JUDICIAL REFORM IN INDIA

INDEX
PREFACE
PROLOGUE- WHY WE NEED JUDUCAIRY REFORM

ANNEXURE(I)- PROBLEMS AND CHALLENGES (DARK SIDE OF OUR JUDICIARY)

PART A-JUDGE REFORM
PART-B- CASE REFORM
PART-C- ADVOCATE REFORM
PART-D- COURT SYSTEM REFORM
ANNEXURE(II)-New Court Requirement and Their Jurisdictions

preface
As BJP has promised in its manifesto for judiciary reform and ensure
judiciary for all.
Now I see Bjp is behaving like modi words mera kya?,mujhe kya? CHEIF JUSTICE T.S THAKUR is
ready for it. what you are waiting for? Kalki avtar
Modi wants India to become economic superpower, but how it is possible without establishing rule of
law. every developed countries have one thing common, efficient judiciary system and rule of law
,which is equal for everyone.in India corporate cases remain pending for 8 to 16 years ,why they will
open a industry here ,just for low labor cost, this does not happens.
British made law to press the Indians and to rule over India, that same thing is being continued for
a decade ,where rulers (administration, rich peoples) doing same thing. no one took pain make a fresh
laws or reform for Indians. (jo chal raha hai chalne do).
Are we still independent? No-you are following English legal system ,how can you call yourself
independent.
Great Britain has reformed its judicial system, but still it takes times but shorter than india. cases load is
low there ,india is highly populated and low literacy, many people are unable to accesses judiciary.
Legal literacy is very much essential to lower case and load and huge money burden on individual.it
should be incorporated in school curriculum along with first aid, ethics conduct ,nutrition, yoga etc

Our independent judicial system is actually a blind judiciary ,which is like blind bull, who tries
to hit whoever comes before him. justice seen done is now new concept arising in intelligent
developed countries.
One more problem is judiciary and library seems to be money consuming organization, so
government does not want to spend money.

Many judiciary people says that i am getting salary and everything, why I should worry
about all this pending cases.(mujhe kya?,mere baap ka kya ja raha)

Common man has 5 important needs food ,water & sanitation ,education, healthcare, legal system
Many people are waiting for lord kalki avtar to tune our judiciary system

(establish dharma)?
I have compiled problem and their solution from various sources. Please have a look.

Prologue
Why Need for judiciary Reformation?
The development of any country is measured by the economic system, judicial system,
governmental setup and living standard of people which includes fair and speedy justice.
Due to delay in deciding the cases, the whole democratic and economic structure of country is affected.
In liberalized era, many scams and frauds are committed which affect the living of poor people and
it requires not only quick reactions but also actions from the judiciary to decide these matters.
There are many cases relating to scams which are still pending for years and the culprits behind these
acts of scams are yet to be punished.

In Harshad Mehta Scam relating to securities market, the court finally punished Harshad
Mehta after seven years of trial, but this order was appealed. The final decision was arrived
after the death of Harshad Mehta.
Where as around the same time in the early nineties, in Singapore occurred the scandal
involving Nick Leeson of the Barings company. Under the Singapore system of justice, within two
years, Leeson was punished. In fact, he also undergone the punishment before the first
decision could be arrived at under the Indian judicial system in the Harshad Mehta case.
This reveals that in India, due to delay in justice the accused person using this loophole for his unfair
advantages and generally gets the benefits.

Solution-if we cannot make our own law ,because we lack brilliant legal minds or no one
wants to do brain labor ,then we should copy or follow Singaporean law system in india.(law
without loopholes.), Singapore and hong kong legal system are best in asia.

Law will take its own course. I have complete faith in the law.
Have we not heard the above line parroted by every politician accused of graft,
rape or murder? What they really mean is that they are absolutely confident that
accused will be able to get away or free themselves.
In such a situation, what is an ordinary citizen expected to do? Is he expected to run after

justice endlessly while the other party 'manages' the system, or should he take matters into his
own hands and then 'manage' the system? This is a question that every citizen of this country

needs to ponder about. Unless all the above flaws are rectified vigilantism and mob justice will
become the norm. After all when the system has failed, it is but natural that people set right
the injustices done to them as they have no-one to turn to.

ANNEXURE(I)
PROBLEMS AND CHALLENGES (DARK SIDE OF OUR JUDICIARY )

Current status
# We know that if judiciary start
working properly and timely, then 60 %
problem will be solved automatically.

# Truth or dharma cannot be

established without efficient judiciary.

# the speedy trial is deemed as

fundamental right included in Article 21
of the Constitution of India.

# Many CJI Praises independent

judiciary, they dont talk about pending
cases.

# a simple case gives financial burden

to entire family and slowly it makes
them poor.
#We are highly praised in world and
Asia for our slow, expensive, corruption
and poor judiciary system.
# No one (media, person, social activist,
politician) has power to talk about our
judiciary .we all fear to say against judiciary.
(This is monarchy vs democracy)

We are living in 21st century and we

have worst colonial based legal system.
(press the poor and exempt the rich)
# Our judicial system is working at very
slow speed ,it takes average 8-40 years
to deliver justice .does it look good?
# We are ranked no 91 out of 100 nation
judiciary survey. we are 4th most worst
paralyzed judiciary system in asia

# The Indian Human Rights Law Network told

the BBC that the cause was "officials in the
home department", including the slow court
system, and called the case a "miscarriage of
justice, a shocking case".
# The citizens of this country are seething with
rage over a callous unresponsive government and
judiciary.
# people are fooled by promises of action and
statements such as law will take its course
or setting up of toothless judicial commissions.

# Poor judiciary is one of cause of given

rise to naxalism.

# Corruption is rampant in India's courts.

According to Transparency International, judicial
corruption in India is attributable to factors such as
"delays in the disposal of cases, shortage of judges
and complex procedures, all of which are
exacerbated by a preponderance of new laws".

7 sins
In November 2011, a former Supreme Court Justice Ruma Pal slammed the higher judiciary for what
she called the seven sins. She listed the sins as:
Turning a blind eye- to the injudicious conduct of a colleague
Hypocrisy the complete distortion of the norm of judicial independence
Secrecy the fact that no aspect of judicial conduct including the appointment of judges to the High and
Supreme Court is transparent
Plagiarism and prolixity meaning that very often SC judges lift whole passages from earlier decisions
by their predecessors and do not acknowledge this and use long-winded, verbose language
Self Arrogance wherein the higher judiciary has claimed crass superiority and independence to
mask their own indiscipline and transgression of norms and procedures
Professional arrogance whereby judges do not do their homework and arrive at decisions of grave
importance ignoring precedent or judicial principle
Nepotism wherein favors are sought and dispensed by some judges for gratification of varying manner.

PART-A
Judicial reform
Justice for all
Justice delayed, justice denied

justice hurried ,justice burried

Means No justice at all

Aim-to provide speedy justice to people at cheap cost and within fixed
time phase.

no one can instruct judicial person to act on time and to follow the procedure mentioned in
the book, because they are independent and have immunity from legal procedure.

PROBLEMS AND SOLUTION

(1) RESERVATION IN JUDICIARY

No reservation should be given in field of judiciary and medicine ,because both work is to
save innocent lives. if we get bad illegible professional here then it will be serious threat
to innocent human life.

(2) Specialized court benches

One single judge deals with both civil as well as criminal cases, that results into taking
more time to understand the facts and circumstance of the cases.
Consider a judge dealing with every kind of cases creates confusion, fuzz and
hotchpotch situations.
is this practically possible ? in medicine field there are specialist to deal different cases.
so specialized judiciary is required to deliver speedy justice. eg In consumer forum,
green tribunal, labor courts in India ,cases are disposed within three months .
Solution- specialization provide consistency, certainty, speedy and quality judgments
.cases should be given to the expertise and specialized judges.

(The Malinath Committee suggested that the cases must be assigned according to the
specialized area of the judges. Assigning cases without considering specialization results into
delay in deciding the matters).
Courts can be opened in specialized fields like corporate ,civil, criminal, torts etc (see detail in
part-d)

(3) Fast track courts

we are living in 21st century in era of 4G,but our court working speed of telegram .
only Few fast track courts were opened for speedy justice but actually they are also
working slowly. We need entire court system to work speedily. (due to huge
population)

(4) Court Management and chief justice

Effective case management depends on the court management. The Chief
Justice monitors the working of each court,
It is necessary for the Chief Justice to devote more time on administrative functions.
So he should consider suggestions from a Joint committee of Judges and lawyers who
should meet once in a couple of months to discuss problems being faced by litigants,

This leads to the effective court management which ultimately results into
case management.
For effective system there must be scheduling of cases in the courts. Time should
be mentioned for the trial proceeding like filing the case, document presentations
etc.
Delay in presenting and submitting the document generally leads to the
adjournments. Pre-planned schedule helps to reduce such delays in proceeding.
Solution chief justice should be provided a judicial manager secretary (COURT
MANAGER LIKE MBA).all necessary document related to case should be deposited to
court while filling case. the court should use software/IT/computer/e-system for trial,
filling, dates etc similar to Singapore legal system (elaborated in part-d)

(5) Audit of workload of judges

Records of Performance Assessment or Audits of workload of judges and advocates on
individual basis should be maintained on the basis of statistical data. It should mention the
number of cases disposed by each judge, number of adjournments granted by the judges, etc.

Second Appeal for the matters should not be granted leniently and the courts should grant it
only on certain conditions which should be laid down by the High Courts.
In Britain cases workload have been decreased by successful implementation of
heavy fine to parties for malicious prosecution and false cases.in India it is required
to be introduced.
Judges workload should be maintained online ,so that proper case distribution
should take place

(6) Judicial adjournment

Provision of Adjournments
The main problem that resulted into pending cases is the adjournments granted by the
court on flimsy grounds. (Section 309 of Code of Criminal Procedure and Rule 1,Order
XVII of Code of Civil Procedure deals with the adjournments and power of the court
to postpone the hearing).
These adjournments should be granted only when the courts deems it necessary or advisable
for reason to be recorded .It also gives discretion to the court to grant adjournment subject for
payment of costs.. By granting regular adjournments the value of the time and importance of
the remedy sought for the cause of action is also degraded with the time. The justice is called
as justice when it in real sense delivers justice to the grieved person at proper time.

Solutions
The malinath judicial Committee considered adjournments as a curse of the courts and
suggested that the adjournments should not be used as a tool for delaying the justice by the
courts. Today the adjournments are granted on the ground which clearly defeats the provisions
of law and purpose of the law.
# High Courts must lay down the exceptional circumstances when adjournments may
be granted.
# Section 309 of the Code of Criminal Procedure should be amended to make it obligatory
towards imposition of costs against the party who seeks and obtains adjournment. The
quantum of costs should include the expenses incurred by the opposite party as well as the
Court, the expenses of the witnesses that have come for giving evidence and not merely
the cost of Rs. 500, 900 or 1500/-.
# Appearance through video conferencing (E-court system) appearance in civil
matters and low criminal matters
# No more than two adjournment should be given, party should provide a name of
alternative advocate (when his advocate is not present), if not possible due to
financial problem, then government will provide advocates.
# if a party is not appearing after getting notice at 5 subsequent dates, then case should
be disposed one sided (ex-parte).court waiting for 2-8 years for appearance of party is
killing of justice.

(7) Burden of Proof:

In India, Adversarial System (mentioned in Garuda Purana) is followed. the
standard of proof laid down by our courts follows the English precedents cases must
be proven beyond reasonable doubt in criminal cases.
In several other countries Inquisitorial System is followed where the standard of
proof preponderance of probabilities is on the accused.
Solution-I suggest that judiciary should use Inquisitorial System in civil
cases and Adversarial System in criminal cases.
# It is generally seen that a person ,who enters police station first or does FIR becomes
innocent (this process was made by Englishmen to press/arrest Indians patriots)
#In a case if accused found to be innocent, then simply plaintiff moves out of
court deciding
#if plaintiff found guilty in case then he is not punished in current system.
Defendant/accused filing another case/separate suit for compensation or wrongful
imprisonment/malicious prosecution suffering is not good ,compensation or plaintiff
should be punished in that running case.
Problem-# in a murder case a victim gives name of entire family of accused (who may
have never committed that act, but suffers act of relative)
Entire family and relative are prosecuted in charge of 120-A criminal conspiracy and
suddenly becomes guilty and suffers. no innocent should be made to suffer .
Solution-.criminal conspiracy 120-A was weapon of English rulers to arrest the innocent
Indians ,In murder cases conspiracy charged should not be used, only actual doer should be
punished ,section 120-A should be used against terrorist and terrorist activities.

(8) Judgment
Judgments should not be allowed to be kept reserved by the judges at various levels
for more then two weeks after completion of argument. Rule 1 Order XX of Code Of
Civil Procedure deals with the same but not strictly adhered by the court. The
provisions should be made which makes judges statutorily liable for delay in
pronouncement of Judgments.
A provision must also be introduced in the Code of Conduct for judges that if a judge hears the
case, he should deliver the judgment. unless otherwise the case falls in specific exceptions such
as death of the judge or retirement. If it is not done then the other judge take time to
understand the facts and situations of the case that cause undue delay.

If time is fixed for filling trial, appearance and disposal of cases, then only speedy
judicial system will work.

The judicial Committee considered that some Judges do not deliver Judgments
for years.

To correct these aberrations the High Courts should issue a circular to enter
immediately below the cause title of the judgment/order, the following:
The date when the arguments concluded; The
date when the judgment was reserved; The
date when the judgment was pronounced;
At the bottom of the judgment/order, the stenographer should enter
the date on which he received the dictation, the date
when he completed the typing and placed before the Judge and the
date when the Judge signed it.

(9) National judiciary appointment

. Judges appointing judges has become a total failure and it is become like a club
membership, opines former judge of the Madras High Court Justice Chandru
JUDICIAL Appointment (No secret policy !please)
Vacancy of judiciary at ADJ and CJM district level can be filled by yearly UPSC
JUDICIAL service exam
Problem-Judicial appointment at bar is not said to be transparent in India,
Solution-first an advertisement should be given in newspaper for application for judge post
then names should be shortlisted by high court 3 member committee ,after scanning
application under eligibility, rules and guidelines (15 year practice, cases tried, etc ).
It also recommended that special attention should be paid in the matter of prescribing
qualifications for recruitment of Judges at all levels and to improve the methodology for
selecting the most competent persons with proven integrity, character, having regard to the
nature of functions which a Judge is required to discharge. No other consideration other than
merit and character should be taken into consideration in choosing the Judge for the Courts.

After getting shortlisted They should appear before national judiciary appointment
commission board .Which will comprise of
Governor/President(permanent)---------------------------------------------------------- 1 person
High court chief justice----------------------------------------------------------------------- 2 person
supreme court judges or chief justice(permanent Member)----------------------2 person
one barrister(privately practicing, non-permanent)----------------------------------- 1 person
one solicitor (government lawyer, non-permanent)----------------------------------- 1 person
ministry of law------------------------------------------------------------------------------------ 1 person
Note-high court judge, barrister and solicitor selection name will come out through lottery
selection process. while supreme court two judges will be appointed through chief justice
of supreme court.

(10) JUDICIAL ACCOUNTABLITY

In .K Gopalan vs state of madras A.I.R 1950 S.C 27 JUSTICE MUKHERJEE Observed that there cannot be
any such thing as absolute and uncontrolled liberty for that would lead to ANARCHY and DISORDER . this
same principle applies in judiciary ,they too are citizen of India, uncontrolled liberty to independence
has lead to anarchy.(there must be some committee and agency to look such matter and functions
speedily).

In India, judiciary is a separate and independent system. The functioning of judiciary

is independent but it doesn't mean that it is not accountable to anyone.
Today judiciary enjoys too much independence, many do not work on time, come office on time. many
are biased/bribed and they have became tranny ,while few are compassionate towards people.
Except supreme court and high court chief justice, everyone should be under scanner for
their performance.

In democracy the power lies with the people. Considering the judicial system
independent and unaccountable by the courts, generally it gives leisure and comfort
to the judges that ultimately lead to delay in deciding the matters.
Judicial independence is given to judges to take out more human nature from them, but they are
using as judiciary paralysis and unaccountability.
There should be a judiciary day should be celebrated in India where chief judge of
supreme court should give judiciary report ,progress ,future planning etc to people
of india about pending cases, important development ,etc as PM, President does in
independence day/republic day.

(11) Judicial vigilance cum ombudsman council

(an independent tribunal), for judges infringements on their duties.
As we all know that all judges are immune from any legal action taken against them, only
magistrates are accountable for their actions. independent judiciary does not mean they are above
law and are unaccountable for action. Judges are human not gods, they must be prosecuted for
doing anything beyond their jurisdiction, law and constitution.
In .K Gopalan vs state of madras A.I.R 1950 S.C 27 JUSTICE MUKHERJEE Observed that there cannot be
any such thing as absolute and uncontrolled liberty for that would lead to ANARCHY and
district level court complain against judge should be looked by a team of 3 high court judge and he
should hear any kind of injustice done by them.

Judicial ombudsman council should be formed to deal with the complaints of misconduct
against them. It stresses on the quality with the quantity of judges
Judicial ombudsman council will composed of
# 3 high court judge and governor to look matter of district court judges
# 3 high court judges with high court chief justice with governor to take action against district
judge
# 3 supreme court judges with president should hear the matter of high court judges
# supreme court chief justice will not be prosecuted by anyone ,while other supreme
court judge prosecution will be done by parliament (earlier procedure).
Note-High court judge, supreme court judges will be through lottery selection process.

Problem-1-Once a bad judge is appointed he has to just sit tight and keep getting promoted.
This is why the quality of judgments in lower and higher courts has consistently gone downhill.

Solution-1- these kind of judges should be review and should be sent for training academy as
punishment .they may be suspended or discharged by taking permission from supreme court
chief justice.

Problem-2 -----JUDICIAL CORRUPTION AND TRANSPARENCY

A functioning judiciary is the guarantor of fairness and a powerful weapon against corruption.
But people's experiences in fall far short of this ideal. Corruption in the judiciary goes beyond
the bribing of judges. Court personnel are paid off to slow down or speed up a trial, or to make
a complaint go away.
SOLUTION-2 We should have video or audio recording of court proceeding ? it will help as a

learning material for new lawyers and this will maintain transparency in judiciary. A
independent ombudsman commission to investigate judicial corruption should be made .court
should Use computer in filling of cases, judge case load and providing trial dates.

(12) NATIONAL JUDICIARY TRAINING ACEADEMY

We know that all IAS,IPS undergoes training at respective training center, but our
new judiciary recruits does not undergo proper training, which further creates
problem. there is no proper and permanent training centers for new judges, they learn
through experienced. while most are cursed by senior advocates
They should be trained in a particular legal field of specialization like IAS trainings.
It also suggested that the newly appointed judges and the judges promoted from subordinate courts to the higher courts should be given intensive training for a certain
period to improve their skills in hearing cases, taking decisions, writing judgments
and in court management. The inadequate competence of the judges resulted into
delay in justice should be removed through proper training
New Training academy
CENTRAL National Judicial Academy" IN bhopal or as government find appropriate ,this
institute should give training to new high court appointed judges, promoted judges to high
court, tribunal court members and judges.
Eastern Region Training academy in Howrah (Kolkata) for lower subordinate judges of west
Bengal, Orissa, Bihar ,Jharkhand

NORTH-EAST Training Academy IN Guwahati for Sikkim and north-east regions

Central Region Training academy in Gwalior for Uttar Pradesh, Madhya Pradesh, Chhattisgarh
SOUTHERN Region Training academy in Trivandrum or any for Tamil nadu ,Kerala, Andhra
Pradesh, Telangana

Western Region Training academy in Pune for areas of Maharashtra, Goa, UT and Gujarat
Eastern Region Training academy in Roorkee for Delhi, Uttrakhand, Hp, Rajasthan

(13) Judges-Population Ratio & Vacancies of Judges

Vacancy of judiciary at ADJ and Magistrate level can be filled by yearly UPSC
JUDICIAL service exam
in Indian judicial system there is number of existing vacant posts which
ultimately affects the efficiency of rendering justice.
Former Chief Justice of India, S.P. Bharucha on this account said that "It is only when we have
far more trial courts functioning that we shall be able to dispose of more cases than are
being filed and thus cut down on arrears."
It is matter of shame that we have lowest judge population ratio in world and we spend
lowest GDP percentage in judiciary field,
It NJC recommended that to increase the present 10.5 or 13 judges per million
population to 50 judges per million population within 5 year period as decided by the
Supreme Court in All India Judges Association and others Vs. Union of India.
Problem-TODAY judicial magistrate are recruited directly after law degree are not
functioning properly, due to lack of experience and they are also exercising their power
mercilessly like a might dictator.
Solution -They should have at least 2 year regular bar practice a 1 year/6 months of
training in national judiciary academy including 4 months of probation.

(14) Vacations for the Courts

The most debating question relating to the causes for pendency of cases is the vacations
for courts. In most of the countries like France & USA there is no provision for vacations
for the courts.
The judges in these countries can take leave according to their convenience without
affecting smooth functioning of courts. In India only Sub-ordinate Criminal Court
runs whole a year but the Supreme Court, High Courts and the other Sub-ordinate
Civil Courts are closed during the vacation period.
The system of vacation is a legacy of colonial ruler. In the pre-independence period, the
burden was not so great in comparison to the present situation. Also, the English comings from
the cold country were finding summer in India unbearable. Therefore the vacation was
evolved as an arrangement to enable them to go to England during summer
and spend their time comfortably there. That was the time when travel was required to be
made by sea which occupied several weeks. This appears to be the real reason for the
introduction of vacations for courts in India.

Vacations for the High Courts are fixed by each High Court according to their own convenience,
bearing in mind the order of the President issued under Section 23(a) of the High Court Judges
Conditions of Service Act, which requires each High Court to work for 210 days a year. The
total period of vacation of each High Court varies from 48 to 63 days.

However, during vacations some Judges sit on the vacation benches only to transact
urgent work. There is a convention which enables the High Court Judges to take 14
days Casual Leave every year. In addition, there are more than two weeks of public
holidays every year.
High Court Judges do not sit on Saturdays and Sundays. Though the High Court is
expected to work for 210 days, the Judges would be working for a much lesser
number of days when they avail of different kinds of leave.
Supreme court should work for 185 days a year. In summer, Supreme Court goes for 8
weeks summer vacations. Besides these there are public holidays like Holi, Daseera ,
Deepavali and New Year .
So the vacations should be reduced and not abolished completely. These
recommendations are not yet implemented and the minimum working days of
the courts have not been followed

solution
These recommendations are yet to be implemented. The Malimath Committee
agreed on this suggestion. The recommendations made are:
# The working days of the Supreme Court be raised to 206 days.
# The working days of the High Courts be raised to 231 days.
# The Supreme Court and the High Courts shall reduce their vacations by 21 days
which would increase in their working days.

(15) Power and control.

Due to no power conferred on the Chief justice to control the judges activities,
judges recklessly perform their duties.

High Courts has the power of control over Subordinate Courts under Article 235 of
Constitution of India. But Supreme Court has no such power over High Courts. The
Chief Justice of High Courts / India has no power to control or make accountable other
judges of the

SOLUTION-The Supreme Court should have power over High Courts and Chief
Justice should be conferred with the following powers to look into the grievance
and take effective measures :
Advising the Judge suitably
Disabling the Judge from hearing particular class of cases or
cases in which a particular lawyer appears.
Withdraw the judicial work from the Judge for a specified
period. Censure the Judge.
Advise the Judge to seek transfer
Advise the Judge to seek voluntary retirement

(Accordingly, Judicial Councils Reform and Judicial Conduct and Disability Act 1980 was
enacted).

(16) JUDICIARY WORK CULTURE

IT requires transparency ,accountability towards people and time constraint based system.
PROBLEM 1-In lower court for speedy justice , advocate and some judges says that if speedy justice
applied then it will steal bread and butter from advocate mouth(unemployment in legal practice),
SOLUTION-but advocate condition is already very poor due to huge quantity of advocate practicing at
bar and due to every sensible man tries his best to avoid knocking the door of the Court and also believes
in off court settlements due to long running cases, which means advocates are already losing bread and
butter here .
only poor people and those without legal knowledge are trapped which destroys them financially,
physically, mentally results in creating naxals in poor region of India. advocates are termed as crow or
blood sucker Dracula/insects

every sensible man tries his best to avoid knocking the door of the Court.
(who is loosing his bread and butter here?)

To ensure employment in legal field I have mentioned SARDAR PATEL EMPLOYEMENT SCHEMES refer
part-c
PROBLEM 2-judges dont follow (criminal and civil procedure codes)rule book .they have their own set
of laws. Many judges fears to pass judgment.
Solution-There should be a judicial review commission in every state, if any one appeals then it will
check that the punishment and proceedings are given on basis of CRPC,CPC criminal and civil codes.

Judges who fear/delays/misbehave/anarchy in passing judgment or any act should be sent to training
in national judiciary training academy or transfer to posts like family court, tribunal court, registrar
,where error committing chances are low.
Problem 3 -in India we think lord Vishnu or Shiva or Yamaraja or kalki avtar will do justice. Why
we should get our hand in this dirt.so what is need of judiciary institution in India.
Solution this kind of religious mentality judges should be moved out judiciary and shouls be tranfered
to administrative post like (registrar ,principal of training academy, visiting lecturer)

The quantity of judge must be increases or decreased based upon pendency of cases in
a court.

(17) Few major problems and their solutions

PROBLEM 1
1. There is a backlog of 30 million cases in India. Even if no new cases are filed, it will take about
350 years to dispose of them all. If a common man gets cheated or assaulted or murdered his
family will have to move heaven and earth to get justice which will ultimately be denied to them. This
is true of cases where no high profile individuals are involved. Poor people time and wealth are
wasted and they become poor.
SOLUTION----Special mobile judicial committee to be formed by supreme court ,they will go to
each state to dissolve cases running more than 15 years Within 2 month. specialized court formation
is a another way as we see green tribunals, consumer court and labor courts.

PROBLEM-2
2. Judgments in high profile cases like the fodder scam have still not been received in spite of having
a special court to deal with the issue.
SOLUTION-------Administrative court bench should be formed to carry cases related bribery,
scam, misadministration done by govt officials, MP .MLA. BEAREUCRATS .
(many MP in lok sabha have said that ,they are general citizens ,so they should not be treated
specially .they take salary ,perks, housing, security ,make laws for country etc which are signs
of VIPs not general citizen)

PROBLEM-3
3. the electoral fraud case against the ex-government is still running. It will probably be a
decade before all the appeals are finished.
SOLUTION-------Special Electoral court bench during election time should be formed by supreme
court for a period of 4-6 months.so any case related during election should be solved by them.

PROBLEM-4
4. Celebrities like Salman Khan have not appeared in court despite being summoned 82 times.
Does the Judiciary not even view this as an insult? Anyone with a little knowledge can manipulate
the system at will.
SOLUTION-----Seize of property, heavy fine ,e-court appearance, one month jail sentence. 2
summon and maximum 5 notice for appearance should be made, because this is era of high speed
communication .if a party does not responds to these notice and summons ,above legal action
should be taken.

PROBLEM-5
5. Not a single conviction of a single politician has come for the 1984 Sikh carnage.
SOLUTION---------Administrative court bench should be formed to carry cases related to MP
.MLA. and BEAREUCRATS .

PROBLEM-6
6. Black money case and future
SOLUTION-------When cases of black money will be filed by government ,there may be 1000 to
2000 peoples cases in court. which will cause delay and pressure to court. So For black money cases
a separate tax tribunal will be required to handle large amount of accuse account holders.

PROBLEM-7
7. An open and shut case like Kasab's will take 4 years to work its way through the system. Of course
the prosecutor Ujjwal Nikam would claim that it is a great triumph, but if even this case had not
ended we would have been the laughing stock of tin pot republics in Sub-Saharan Africa
SOLUTION--------Terrorist and tourist court (foreign nation tribunal court) needed to form to
cater speedy judiciary to international terrorist and foreign nationals within period of 6months to 18
months including appeals, so they can be given any sentence timely.

PROBLEM-8
8.Compare the above delays with cases in the US, such as the Rajat Gupta conviction, Enron scam
and Bernard Madoff case. In all these cases the trial was finished in regular courts in 1-2 months.
SOLUTION----Pre trial dates should be given and according to case trial dates should be assigned.
Trail running for 5 to 12 years is a miscarriage of justice and judiciary evils.

Problem -9.
The next stage is the public prosecutor who is a political appointee. Most of these are ignorant of the
law and again susceptible to the same bribery and coercion from higher ups as the policeman.
Solution- public prosecutor at district level should be merit based made through UPSC and should
be paid monthly, not as pay per case basis ,while public prosecutor at supreme court should be
appointed by central government (nothing new can be done).

Problem -10.
The ignorance of the prosecutor is typically reflected in the size of the charge-sheet. Instead of being
brief and to the point, charge-sheets are an example of verbal diarrhea in poor English. All that is
required for conviction is 1 witness who will stand firm. Instead dozens of witnesses some of whom
are probably unconnected with the case or can be influenced are cited and these will turn hostile
during trial and undermine the credibility of the true witness. This is a reflection of the 'history
exam mentality' where it is believed that pages and pages of junk is a substitute for facts.
Solution-it should be done in Hindi/regional language, orally recorded in computer system. fact
should be pinpoint .it also requires training and modification in law course to improve quality.

Problem -11.
Judgments instead of being to the point are often long essays in poor English . Some
judgments are so bad that they either do not address the issue that is asked, or are self contradictory
or are simply implementable. It is widely believed that reserving judgments is a way of demanding
inducements.
Solution-. Judgments should be brief and to the point and also in hindi. The operational part of the
judgment should be confined to 1 or 2 pages. And a 1or 2 page explanation for the same may be provided.
Judges need not pretend to be literary masters and waste their and the litigants time. high end software
like Google translator, voice to text converter may be used. Rural population does not understand legal
English language ,they face lot of problems.

problem 12.
There are many instances of rampant corruption in the lower and higher judiciary. The icing on the
cake seems to be the rumor going around that a certain female lawyer traded sexual favors to get
appointed as a judge.

Solution-judiciary ombudsman commission and judiciary women vigilance council should

be made, under supervision of supreme court.(I have discussed earlier)

Problem -13.
Lack of reform in the administrative mechanism causes case details to be physically transported from lower
to higher courts for appeals. There is a crying need for electronic transfer, tracking and monitoring of
petitions. So a case relating to a property or murder in Nagalalnd will physically move through 4 or 5
appeals courts, finally making its way to the Supreme Court. At every stage the evidence will be either
lost or manipulated.
Solution- There needs to be a foolproof electronic way of transferring case related documents from
lower to higher courts to save time, money and the prevent the possibility of destruction of evidence

When a system is in such shambles no-one without the tenacity and perseverance of Dr
Subramanian Swamy can fight cases. Imagine how effective India's one man army for justice
would be in a system that actually worked.

(18) MISCELLANEOUS solution

01. Throw out the present CrPC and CPC . Replace it with the Singaporean model to ensure speedy
trials. Cases stretching for decades are UNACCEPTABLE. ALL trials must end in 3 months.
02. Judges must be barred from holding public office or heading commissions such as the
NHRC after retirement. This is a form of inducement to the judiciary..
03. Judges who release rape accused on bail must have a permanent black mark against their
career and lose all chance of promotion if the accused repeats the offence or threatens a witness
while on bail.(many judges asks victim raped girl to marry rapist, shame on your humanity)
04. For extremely brutal rape cases, a public physical castration and beheading is necessary to
serve as a deterrent.
_____________________________________________________________________

Part B-CASE REFORM

laws for speedy trial & justice
# In our constitution right to speedy justice has been given in directive principle as a
# In our constitution right to speedy justice has been given in directive principle as a dead
deadlaw. law.
# right to speedy trial and justice is mentioned in article 3 of European convention on

#humanRightrighttospeedy trial and justice is mentioned in article 3 of European convention on

# 6th amendment of constitution of united states of America
human right

# Section Eleven of the Canadian Charter of Rights and Freedoms

# 6th amendment of constitution of united states of America

We need Right to speedy trial and justice (within given/fixed time frame)
# Section Eleven of the Canadian Charter of Rights and Freedoms

Source- model Based On Singapore legal system

MEASURES to avoid delays

(source -Singapore judicial reforms)

List of DIVERSIONARY MEASURE

1-Alternative dispute resolution
2-Notice
3--Case admission

1-Alternative Dispute Resolution Measures

1a-Arbitration
The first measure that courts can take to improve the handling of civil Claims
is to facilitate the resolution of disputes before they reach the courts.
Delays in civil litigation result in increased expenses.

Section 89 of Code Of Civil Procedure, 1908 (46 of 1999, amended) provides for
the settlement of disputes outside the court when it appears to the courts that the
matter exists the element of settlement between the parties.
For this, it refers the method of arbitration, conciliation, settlement through
Lok Adalat or mediation.

1b-Lok adalat (disputes arising with government)

Cases which are having disputes with government institutions ,lok adalat is
best adopted judicial practice to clear cases in speedy manner. Every
government department must try to solve issue through lok adalat.
Lok adalat should be conducted once in every 4 month in year.

1c-Compulsory Pre-trial Conciliation

According to topmost lawyer Harish salve in India ADR is additional dispute
Registration.
In India pre-trial conciliation arises additional disputes ,because no advocate
will want to loose his bread(money) from party. Advocate will want long
running of cases.
So government through its district legal aid department (which will also
provide mediation, arbitration, legal aid and counseling).for advocate I
have already discussed B.R Ambedkar and sardar patel legal scheme for
them in advocate reforms.
A particular matter must be first go for settlement outside the court. It is
necessary to draft the rules or guidelines by Central government, which clearly
lays down the circumstances.
1d-Mediation & Other Alternative Disputes Resolution Methods
Mediation is a process in which the mediator tries to facilitate the parties in
coming closer and to make each party understand the case of the other party. The
mediator. The main benefit of this method is that: Timely resolving the matters
with the participation of parties.
Specialized Mediation, arbitration and conciliation lawyers will be provided by
district legal aid and if any lawyer doing successful mediation will given a
bonus sum of amount.(as case in Singapore).
Meditation in commercial field should be provided by specialized mediators and a
retired judge should see this proceedings.
1e-Resolution through extra judicial measures
Small cases like non-injury motor accident Claims Scheme and disputes between
consumers and financial institutions like banks and insurance companies through
mediation or through specialized bench of district court financial tribunals
(tax/insurance/banking )courts.
Traffic related cases should be handles through extra judicial measures. check bouncing cases
should also be handled using extra-judicial measures.

2-Notice
Today notice service time in court is 15-30 days ,but now court can reduced it
to 5 days (if local party is there). during English rule , time was taken long
due to lack of communication infrastructure ,but today we have improved
significantly.
# A lot of time (15-20) is wasted upon Notice sending time ,it should
be shortened
#Five subsequent Dates should be allotted on first hearing only to
avoid date problems.
# if in criminal matter party does noes not respond to notice then his
property ,bank account, passport should be seized by court or same
section and case should run against informant(litigant) after serving
5 notices.
# now it should be sent through phone SMS ,air post, email, news paper
section.
# court can send e-notice in email and social media message box.
# if a party does not respond to 5 subsequent notice then ex-parte
decision (if one party is present) or auto-discontinuance of case should
be done(if both parties does not appear)

3-Case admission
While admitting a case ,few judges does not take necessary cognizance of case ,for
example they dont ask for documentary evidence in civil matter, but they ask from party
after admitting case.so before admitting a civil matter case, a judge must do judicial
check-up list or registrar should preform this duty.

Checking judicial checklist before case admission by registrar

a-Evidence
b-Capacity or locus standi to file
case, c-Jurisdiction
d-Cognizance (right case section applied)

3a-EVIDENCE
Judge/registrar must check that whether there is sufficient documentary evidence in civil
matter and while oral/written evidence in criminal matter is there to prosecute a person.

Is the evidence sufficient to justify the institution or continuation of proceedings?

If it is, does the public interest require a prosecution to be pursued?

No case should be admitted without any evidence and a dummy case should
run without any cause.

3b- Locus standi /Party Capacity to file case

Someone may be the right person to litigate, but he may still lack capacity to sue.
Capacity determines a litigant's title not only to sue, but also to be sued. The
general rule is that natural and juristic persons have the capacity to sue. There
are, however, certain exceptions:
Locus standi- Before a party may sue in a court of law, he has to prove that he has title to sue. This

is determined by two questions:

1. whether a particular person or juristic person is the right party to sue; and
2. whether that person has the ability or capacity to sue.
A third person filing a case, who has nothing to do with case should be declared as void

It is also seen in some matters many cases are filled on same section, popularly in case of damage
to faith or belief, it is well known that same case of same section cannot be run in many courts in
one time. All cases must run on one court at a time. Cases in many court leads to monetary
damages to party.

3c-Jurisdiction
If case falls on that jurisdiction of court, then only case should be admitted.
Judge/registrar should enquire petitioner where incident took place and whether
case is filed on proper court jurisdiction or specialized courts.
Right court must be selected based on jurisdiction and subject matter by client.

3d-Cognizance (right case section applied)

Categories of Crime (source Hong Kong legal )
illegal activities should be classified into 3 categories:

Category

Severity Complexity

Examples

Summary Offence

moderate clear

speeding, littering

Indictable Offence

severe

complex

murder, rape

depends

theft; arson

Either-way Offence or Indictable Offence Triable Summarily depends

Problem-1
A 12th passed or a inspector ,who has done crash course in law applies
a criminal or legal section on a accused person-what a joke?
Solution-as I already discussed in advocate reform section that ,in each
and every police station a police legal officer (candidate who is a law
graduate) should be posted for putting charges and diary maintenance.
Problem 2
Another is recording statement and diary maintenance. We all know
that how cases are prepared or diverted by using kharcha pani..
diary maintenance and transferring to one court to another creates lots of
problem.(sometime file is disappeared-legal magic)
solution- e-diary should be maintained and it should be posted to
district e-court websites/online legal software.

FACILIATIVE
MEASURES
1-INCREASE IN MAN-POWER
2-COURT PROCESS
2A-CHANGING RULE OF PROCEDURE
2B-TIME CONSTRAINS
2C-DISPOSAL OF OLD CASE
2D- CASE EXECUTION
2E-BAIL AND REMAND
2F- ADJOURNMENT,INJUCTION AND MISCELLANEOUS CASE etc

3-USE OF TECHNOLOGY
3a-DAILY CAUSE LIST
3b-MORDENING COPYING DEPARTMENT
3c-SYSTEM-E-FILLING CASES
3d- Digital Transcription System (DTS)

1-INCREASE IN Infrastructure/MAN POWER

The courts need to have a supporting infrastructure that facilitates the efficient disposal of
cases .One of the causes of the backlog IS the shortage of judicial manpower.

Judiciary staff population should be tripled and it should be increased or decreased in

subordinates court according to backlog cases and increase and decrease of cases.
UPSC should conduct annual judiciary recruitment and Staff Service Commission for groupc and group-d court staffs.

1-brightest law graduates to serve as law clerks to the Judiciary. This will speed up
judicial decision making as well as the number of cases disposed.
2-Use of retired judges in trial court.
3-Use of audio/video statement recorder in court (through e-court program)

4-We should adopt a system akin to the English QC system to recognize exceptional
counsel and encourage the development of specialist litigators (solicitors).

2-Court process
2a-changing procedure
2a (i)-Opening argument statement
In opening statement to be filed together with a bundle of documents and bundle of
authorities a few days before a trial commences. This enables the trial judge to focus on
key evidence and arguments during the trial. To prevent long legal oral arguments at the
beginning of a case, the opening statements are usually taken as read and the case
proceeds straight to the taking of the evidence.
Argument should be made in 6 dates only (3 petitioner and 3-respodent)

2a (ii)-Affidavits of evidence-in-chief
Parties are required to file their evidence in trials in the form of affidavits. This procedure
will considerably cut down the time required for trials.

2a (iii)-Appellate advocacy filing of cases and skeletal arguments

In the Court of Appeal/High court, the times allotted for appellants and respondents
speeches should be tightly regulated: from 30 minutes each to up to 120 minutes each
depending on the complexity of the issues of fact and law. The full arguments of
the appellants and the respondents are contained in their respective written
cases, filed within strict timelines after the issue of the judgment appealed
against together with bundles of authorities and core bundles of documents.
Just before the hearing date, skeleton submissions must be filed.

2a (iv)-Differential Case Management

We are presently exploring the use of different management procedures
for different types of cases. Different internal case tracks are assigned to cater for
different case types.
All cases within that case type would then start on a default track, which could be
changed according to the circumstances and progress of the case.
For example, a simple personal injury case could be initially placed on a fast-track
while more complex construction or intellectual property matters may be placed on
a complex track, though either might switch tracks as the litigation develops.

Differentiated case management already forms a key plank of benchmarks in other

jurisdictions such as New York and the United Kingdom.

2b-Time constraint
Fixed time should be there for legal procedures (bail, judgment and trial)
Argument-1 month
Trial-3-6 month
Judgement-1 month
We seek to dispose of 85% of all writs filed within 18 months in high and supreme court..
This will ensures that the lifespan of the majority of cases is not too long, while enabling
more complex cases to have more time to come on for hearing.
fast track courts are working in India but how fast they are working in india we all know
that ( like a turtle), so there should be fixed time frame to complete all legal
procedures .
A CASE MATTER IN DISTRICT COURT SHOULD BE disposed and in year or in 18 months a
criminal case must be disposed .
pending work habit should be stopped (NO PENDING POLICY)
For example, if a complaining party files an action and then fails to cause the papers
pertaining thereto to be served on the opposing party within the time established by
local rules, and is unable to convince the court that there was good and sufficient
reason for the delay, he risks having his action dismissed with prejudice. If the
opposing party is served with the papers and he fails to respond within the time limit
provided for his answer, he risks having the case decided against him by default.

2c-Disposal of old cases

Disposal of old cases on priority basis

There will be problem when new reform in court will be adopted ,then old cases will
be a stampede in dealing with judiciary, for that special courts should be formed to
disposed these cases.

It has been brought to my notice that many times the Courts instead of giving
preference to decide old cases, choose to decide cases with an eye on completing
their quota as per norms fixed by the High Court for disposal of cases.
Mostly the judicial officers complete their quota of disposal of cases by deciding
suits exparte, Sessions trial and criminal cases where prosecution witnesses have
turned hostile or complainant has compromised or civil suits where the parties have
compromised or there is only formal contest.
It is the obligation of the Court to dispose of old cases on priority basis. There are
clear directions to that effect. The High Court should issue positive instructions that
decision of cases of the category referred to above will be treated as 1/4th of the
case decided. This may encourage decision of old contested cases.

2D-Case execution
It is a sad story that even at the execution stage the case remains pending for years.
There should be positive direction that execution cases will not be adjourned more
than once on any ground whatsoever. Execution cases should also be separately
classified in the cause list, and time be allotted for doing such cases.

2e-Bail and Remand

The Magistrates and the Judges disposes of bail applications of serious non-bailable
offences, after the accused and his advocate make a grievance that they have not
been properly informed that in what connection they have been arrested, they are
not furnished the copy of F.I.R., nor they are permitted to inspect the case diary
maintained by Investigation Officer for contesting their remand order and also for
making submission on their ball application.
In Joginder Kumar v. State of U.P., AIR 1994 SC 1349, the Supreme Court held:1. An arrested person being held in custody is entitled, if he so requests

to have one friend relative or other person who is known to him or likely
to take an interest in his welfare, told as far as is practicable that he has
been arrested and where is being detained.
2. The police officer shall inform the arrested person when he is brought to the police
station of this right.
3. An entry shall be required to be made in the Diary as to who was - informed of the
arrest. These protections from power must be held to flow from Articles 21 and

22(1) and enforced strictly."

It shall be the duty of the Magistrate, before whom the arrested person is produced,
to satisfy himself that these requirements have been complied with," In many remand
orders the directions of the Supreme Court are not compiled with and necessary
endorsement to the said effect Is missing In remand order.

Under Section 167 Cr.P.C. the Magistrate remanding the accused to judicial or police
custody is under an obligation to satisfy Itself by examining the case diary that there Is
material on the basis of which accused has been apprehended in the alleged offence. I
am of the opinion that a material which the Magistrate examines before passing the
remand order, the accused is also entitled to know the material of the case diary to
contend that no case for remand is made out. It is the right of the accused to inspect the
police case diary at the stage of his remand and such a right is also inherent in Art. 21 of
the Constitution of India. Since the accused and his lawyer are not permitted to inspect
the case diary officially at the stage of arguing bail application -contesting remand, they
adopt illegal means for such inspection, all this reflects on the judicial system. We must
endeavor to rule out such systems which compel a litigant to adopt wrong methods for
achieving the just cause.

2f- ADJOURNMENT,INJUCTION AND MISCELLANEOUS CASE

Source-justice B.mehrotra/law commission

2f (i)-Adjournments
The problem of a litigant in getting delayed justice begins right from the level of
District Court. The procedure of the District Courts is so slow going and expensive,
that every sensible man tries his best to avoid knocking the door of the Court.
There are various reasons for delay in disposal of cases in the District Courts but the
foremost amongst them is repeated adjournments of cases.
One party is always interested in delaying the disposal of cases, such party adopts all
possible methods for getting the case adjourned. The High Court should issue some specific
instructions laying down the time limit and norms for granting adjournments. According to
me, no suit should be adjourned more than twice on the third occasion the court should fix
the hearing of the case peremptorily.
A peremptorily fixed case should not be adjourned except In exceptional circumstances, the
judge adjourning a peremptorily tried case should record reasons for adjourning the case
and should also ensure that the case is disposed of within a month from the date it was
fixed for peremptory hearing.

The courts will require managerial technique in adopting this procedure and have to
act with great care and caution. It will be the responsibility of the Court to ensure
that a peremptorily fixed case is not adjourned by the court for its own inability to
hear the case except in exceptional circumstances. Since while laying down a rule,
all exceptions to the rules cannot be conceived of, and at all costs the discretion of
the court should be kept Intact. In dealing with the matters before him, for the
reasons I have permitted exception to the general in exceptional circumstances but
the exceptional circumstances for adjourning the case should be apparent on the
face of the record.
The subject will be dealt within a different sub-head. Many times, cases have to be
adjourned on the ground that lawyers have decided to cease work or they are on strike
or adjournment is sought on some personal ground of lawyer .In the present system it is
difficult to decide cases on merits in the absence of lawyers, litigant at the District levels
not in a position to plead his own cause In the absence of his lawyer.
The courts have no control over Advocates, Advocates are under the disciplinary control
Of Bar Council. On occasions, Bar Council itself gives a call of strike. In
the present system and In view of the fact that lawyers of District courts are frequently
on strike, the courts are compelled to decide cases after considerable delay. No lawyer
can be imposed on a litigant.
The High Court should come forward to solve the problem by Issuing specific
direction in this regard laying down that cases will not be adjourned more than twice
even on personal ground of lawyer or lawyer's strike. Unless some such drastic
measures are adopted, the problem of delay in disposal of cases cannot be sorted
out.

2f (ii). Injunction orders

Due to long pendency of suits, the interim injunction orders are very vital and
important. Exparte Injunction orders remain pending for years even after the
defendant's putting in appearance and filing objections to the exparte injunctions.
The judicial officers most of the time carry this Impression that It is the discretion
of the Court to pass exparte Injunction for safeguarding the Interest of the plaintiff .
The Director of the Institute Shri Singhal has written a very elaborate and educative
Article on Exparte Injunction In the Journal of the Institute in Its first issue.
. It is an useful reading. While passing order

Irresponsible passing of exparte injunction order leads to, many misgiving which also
some times creates doubts on the integrity of judicial officer passing such order
without proper reasons. Whenever the integrity of a judicial officer is doubted, it
erodes the confidence in the system.
I have come across several orders in my capacity as Administrative Judge and
Inspecting Judge wherein accused involved in serious non-bailable offence like, S
498A of I.P.C. read with Section 314 of Prohibition of Dowry Act, have been granted
bail by one word order without adverting to any reasons whatsoever. Similarly,
many exparte injunction orders have come to my notice where orders have been
passed without properly referring to the established principles on the basis of which
exparte injunction can be passed.
Injunction applications are to be decided on documentary evidence and affidavits.
The parameters under which the temporary injunction can be granted have been
well settled in various decisions. A ready made chart or note should be available
with the concerned officer wherein parameters of passing interim injunctions have
been laid down, the facts of the case with reference to documentary evidence and
affidavits can be applied to the fixed norms for granting interim injunction and
result can be drawn without delay.
The objection to exparte injunction should be decided within a month of filing
objection .In the daily cause list of the Court a separate time should be allotted for
disposal of such cases.

2f (iii)-Miscellaneous cases
A subjectwise classification will call for consideration of disposal of
miscellaneous applications in the suit, they are numbered as miscellaneous
cases. These miscellaneous cases arise of applications moved by the parties for
restoration of cases dismissed in default for substituting the heirs of deceased party,
applications for setting aside the exparte decree, applications for amendment of
pleadings and so on. All these applications are disposed of on the basis of affidavits.
Long pendency of these miscellaneous applications also results in delay in disposal
of suits.
Another important measure is to order the lawyer to pay the costs of
any delay caused by his default or omission.

2f (iv)-Stay orders
It is seen that stay orders on any cases comes as till further notices, no one can take
any action against him or property. As we know court has huge work .so the stay
order remains to continue till 5-20 years and no one is able to continue that cases
.so this should be time bound, order should not come as by mentioning date of
further hearing listed in order

2f (v)-Court contempt and order following

On frequent occasions, we come across complaints that process-server has
submitted a false report, sometimes the complaint is that summons have been served
on fake person-impersonating the real defendant. There is no counter check for
ascertaining the correctness of the allegations. Normally, it is against human
conduct that a person even after knowing that he has been summoned in a Court,
where he has been sued, will refuse to accept notice and will take a risk of being
proceeded exparte, but then there can be exception to this rule, there may be clever
persons who may willfully absent themselves with a hope that exparte decree will
be set aside.

Solution
In the changed circumstances some system of counter checking the process serving
system should be introduced, like online publication of weekly court news at district
level wherein the list of cases wherein notices have been issued to defendants
should be published in state language. It should be ensured that at least one month's
notice is given to concerned party. The copies of weekly court news should be
pasted compulsorily on the notice boards of all the courts, at district library,
newspaper ,facebook ,twitter, company e-mail etc
The costs of the publication should be borne by plaintiff unless the court exempts. In
due course this system will have counter check on false service of summons.
(A)-Court order should bear condition which will say that if party fails to follow
court orders or breaches his duty (contempts court),then the party would be
punished immediately to imprisonment of certain periods . (B)-Every party should
report to e-court/court registrar after fulfilling order or judgment of court.

3-USE OF TECHNOLOGY
3a-DAILY CAUSE LIST
3b-Mordenising COPYING DEPARTMENT
3c-SYSTEM-E-FILLING CASES
3d- Digital Transcription System (DTS)
3a-Daily Cause list: Classification of cases
Source-justice mehrotra/Singapore law reform

Whatever I have suggested will remain an illusion or will be rejected as

impracticable unless the court's daily cause list is drawn on scientific basis, with the
help of computer. Till the facility of the computer is not available the task will
require a specialized training and scientific planning for fixing cases. An improper
handling of preparation of cause list will frustrate all suggestions.
All cases of the Courts should be classified in different heads, like

i. Peremptorily fixed cases

ii. Cases where arguments have been heard in part
iii. Old cases
iv. Cases where parties have arrived at compromise or there is a formal
contest
v. Miscellaneous cases
vi. Sessions trial
vii. Bail applications etc.

For hearing each class of case a reasonable time schedule should be drawn up using
modern computer software, the Court should try to maintain the time schedule, in case
the case is not taken up in the fixed time schedule, it should be a rule that It will be
taken up next day in the same time schedule.
This system will ensure disposal of cases as suggested earlier. The litigant and
lawyer will know as to at what time his case is to be taken up which will avoid
unnecessary waiting for whole day by a litigant -he may attend the court only for the
fixed time schedule.

Problem <a>While

preparing a cause list, same type of cases, where a common

question of law is involved or facts are similar, can be grouped together and can be listed
for disposal in a group. The suggestion will sound peculiar as in the District court every
case is filed on its own facts, the facts of two cases never tally unless the cases have been
consolidated for disposal of common Issue.

However as I have said earlier that in the changed circumstances some new
methods and technology are to be adopted. To illustrate there can be cases where
the suits are filed between two Mohammdans transferring the property by oral gift.
The donor and donee both agree. All such suits can be grouped together, though
they may not be consolidated can be disposed of by common order except cases
where court is satisfied that oral gift is only a device for avoiding the stamp duty.
There can be many other examples, all need not be mentioned
The facts involving common question of law may be grouped together and after
stating the principle of law many miscellaneous matters may be decided together on
the basis of documentary evidence and affidavits. The suggestions require attention of
those who are entrusted with the task of scientific planning of daily cause list and
imparting training to judicial officer.
For disposing of peremptorily fixed cases the daily cause list of the court will have to
be planned in a manner that a peremptorily fixed case is not adjourned on the
ground that the court is left with no time to hear the case. In this connection a
detailed training will be required for maintaining the daily cause list of the court.
Experienced officers, who have special knowledge of court's management should
frame guidelines for preparation of dally cause list.

3B-Modernising Copying department in Courts

Problem-getting copy of document
Now a Photostat/xerox machine is available in every court which can prepare the
copy of any document within seconds, there is no justifying reason for preparing the
copies from old system i.e. one person copying the document normally by hand
and the other comparing, this is not only obsolete but Is waste of human
energy.
PROBLEM>A<.In my last inspection to my district I was shocked to listen the
complaint from a person that his application for copy of documents pending for last 11/4 year. The explanation for the delay as given out was that since the
document is in Urdu and no Urdu knowing clerk is available in copying section, the
copy could not be prepared.

SOLUTION-No such explanation is available after invention of Photostat

machines.
Continuing with the old age procedure does create a wrong impression in a
litigant that no work can be done easily in courts, may it be obtaining copy of a
document.
Imagine the plight of a person who has to wait for more than a year in getting copy
of the document. With the installation of photostat machines, no application for
copy should be allowed to remain pending for more than three days.
Photostat or online e-record of cases should be made available

3C- SYSTEM e-FILLING (Application of technology)

The judicial system can be characterized as a complex information processing

system: information enters in the form of pleadings and evidence, and exits in the
form of judgments and opinions.
Developments in information technology will likely improve the accuracy and
efficiency of information flow in the judiciary (Robert Anderson et al, 'The Impact of
Information Technology on Judicial Administration)
The EFS (electronic filling system) allows for the electronic filing of court
documents, which obviates the physical movement of people and documents, saves
paper, and it is considerably faster than the old system Moreover, electronic
documents are cheaper to store than their physical counterparts..
Hearings in the Court of Appeal should become became fully electronic .court
papers, photographs, and even video clips can now be displayed on computer
screens simultaneously. numerous electronic kiosks where the public can avoid a
court appearance and pay traffic fines.
In civil matter a particular person can appear court electronically or video
conferencing, if a cases filed at distant place from home.
.

3C(I) Digital Case Management for party

1. Every document is digitally signed and qualifies as an secure electronic
record

2. Streamlined filing process consisting of 4 steps:

a. Step One gathers all information relevant to case, parties, and document(s) required for
filing;
b. Step Two presents the system-generated document(s) for the user to complete and
allows the upload any other document(s) required during the filing;
c. Step Three concerns making of administrative requests like selection of hearing dates,
requests for urgent handling, requests for electronic service of documents and waiver of
filing fees;
d. Step Four allows the user to check that all are in order before submitting the documents
to the Courts.

3C(II)Case Management for Courts

1. Users in the Courts - Justices, Registrars, and Registry Staff, all have

access to case files that are nearly mirror images of those seen by
the party. Court internal documents like minute sheets and other
sealed documents will not be accessible to the party.

2. The streamlined 4-step process in

acceptance

of

certain

the

documents

Front-End
and

allows

automatic

for autoscheduling of

hearings which cuts down on manual work.

based on legislation or nature of case,
3. Auto-routing of documents
amongst other criteria, enables the
intelligent distribution of work to
the various departments which increases

efficiency in the processes

of the Courts.
4. The use of checklists for filings e.g. probate, winding up and judicial
management,

allow

for

finer-grained

approach

verification, acceptance, and rejection if required.

to

document

5. The presence of alerts and notifications assist the users in the timely
completion of various tasks throughout the lifecycle of a case.

3C(III)Electronic Hearings
1. Hearing fixture management is built into e-Litigation. Automated publication of
hearing lists to queue management and electronic signage systems within the
court house and hearing lists on the web site (to be released soon).
2. Electronic hearing can be done from within e-Litigation and display system.
During a hearing, the relevant documents and minute sheet are automatically
opened for ease of use.
3. Where relevant, customized minute sheets will auto-generate Court documents
which are automatically synchronized to the law firms involved.
Future-proofing
Disruption to the local legal profession is a foregone conclusion:
1. There will be downward pricing pressure for routine work.
2. Globalization and entry of foreign law practices.
3. Advances in automatic document assembly aided by the emergence of Natural
Language Processing.

3d-Digital Transcription System (DTS)

Virtual Court Services
- Bail Video link
- Video Link to Remand Prison
- Remote Testimony of Witnesses
- Remote Chamber Hearings
- Link ups with Family Service Centers
eCourts
- Paperless courts from filing to disposition

What to be done-

TODAY, in civil cases judges uses to take down notes of the evidence. Shorthand
reporters were available only in criminal cases. Today e-audio/video recording
can be made available. Which will save time and recorded data can be saved online
at three location(parent data, mother data ,child data) ,so data can be retrieved
whenever required and cannot be loosed at any circumstances (in many courts,
court staff takes bribe and juggles the file in court). The digital audio record, which
will forms the official court record,

1> the Judicial Officers, two flat screen monitors were deployed in hearing chambers.
2>a pack-and-go feature available on EFS, court files can be neatly extracted onto
CD-ROMs or even USB memory devices for personal study and research.
3>Virtual collection of fees is electronic and collection of fees over the counter is
virtually eliminated.
Online Warrants /police Diary/Criminal Database
1>Warrants can be posted online email /sms/social network/aadhar profile/e-citizen
database .
2> as I have already mentioned that movement of police diary can be moved
through online/ email/diary SOFTWARE DATABASE etc,
3.>maintenance of national biometric criminal database online through aadhar card
4>,linking of all police station and their online criminal databases/missing
person/found person etc
5> most wanted hardcore criminal or missing person picture/description should
be posted on social media bearing reward ,to get result faster
Recording & transferring cases and evidence online
Evidence, person statement and all cases procedure should be recorded with visual camera by
magistrate and should be transferred to court ,if requires for further appeals ,then these
recordings can be transferred via online database system . Taking confession statement again
and again is a malpractice ,which makes courts to loose evidence again and again

Softwares to be used in judicial system

. ACTMS-Automated court Traffic Management System, which will provide statistics data of
case admitted in court, case load on particular judge, case disposed, case hearing & trial dates.

ICRS Indian Case Recording System-this system will record entire case
proceedings, evidence, trials, orders and pleadings of individual cases.
TICKS -Tickets & Summons Systems-online summon posting to traffic and minor fine based
case can be posted online. summoned person can also appear online through this system using econference or government nearest e-court kiosk.
EFS -Electronic Filing System -all cases related documents filed through this system as
mentioned earlier. Affidavits of evidence are also filed in the EFS as are transcripts of
testimony given in trials.
FAMs -Family Case Management System-it should be linked for arbitration, mediation
and counseling (retire judge can be used virtually).

.Speech to Text Converter -it can be used for recording statement and judgments.

ELIS-electronic litigation system -Entire software can be merged into one in

electronic litigation software system, if court and government finds in
appropriate.

Model-Singapore e-system

4-Monitoring and control

Source- Hong Kong legal reform

Categories of Crime (source Hong Kong legal )

illegal activities should be classified into 3 categories:

Category

Severity Complexity

Examples

Summary Offence

moderate clear

speeding, littering

Indictable Offence

severe

complex

murder, rape

depends

theft; arson

Either-way Offence or Indictable Offence Triable Summarily depends

Trial Management
4a- Pre-trial meeting
4b- Committal Proceedings
4c-peremptory orders
4d-fixed trial date and hearing

4a-pre-trial meetings
4a(i)Before the trial
five dates should be given to both parties to express their position/opening argument in
their case in civil matters ,after that if required in civil matters .if one party doesnt appear
and trial after filing case and case is running ,is this ok? Plaintiff Party must appear in court

within three respective dates in after filing case ,he cannot be represented by advocate without
appearing.

While trial in criminal cases ,there should be separate court for conducting trial in minor
cases(traffic/check bounce/crime punishment less than 3 years) . every procedure done by
one judge in minor offence cases is not fair at (this is a head burning experience).
Prosecution and defense should be provide a detailed pre-timetable by the court, which
the judge scrutinizes critically and then sets.

First Hearing (Summary)

In the first hearing, the magistrate normally does not hear arguments nor
conduct formal trial; instead, the magistrate normally reads the charges out loud
before the accused and lets the accused have the chance to plead guilty or
not guilty.

Situation
If the accused pleads guilty, the prosecutor will present a summary report of the evidence and
findings to the court. The magistrate will then read the report out loud and ask the accused
whether or not he agrees with the summary. If the magistrate considers that the prosecutors

findings and the accuseds guilty plea are not enough for conviction, the magistrate can acquit
the accused disregarding the fact the accused pleads guilty. If the magistrate accepts the report
and the guilty plea, the magistrate is required to give the accused the last chance of word to

present excuses and reasons in the hope of receiving less severe judgment. After, the magistrate
can give judgment or wait for the reports from probation officers and other experts. Under the

principle of the last chance of word, the accused has every right to read all the probation
reports or other documents and comment on all of them before the magistrate. Then, the
magistrate can give final judgment.
Situation B
If the accused pleads not guilty or innocent, the magistrate will postpone the case and arrange the
next hearing. If the accused has been admitted to bail at the time of the first hearing, the
magistrate will normally set the same requirements.
Situation C
If the accused pleads not guilty or innocent and the police have refused the
accused from admitting into bail, the magistrate is required to determine

whether or not the refusal is reasonable. Under such situation, this very first
hearing must be conducted within 48 hours after the apprehension. If not, the

prosecutors materially violate the basic Human Rights and may face lawsuits
for false imprisonment.
Situation D
Under some circumstances, the prosecutors may request the magistrate to postpone the case

without asking the question whether or not the accused pleads guilty. The prosecutors may
bring such requests to the magistrate when the prosecutors are waiting for the reports from the
government laboratory (like, analysis of the purity of illegal drugs) or the decision from the

Secretary of transferring the case to the District Court or not. If the magistrate approves such
request, the magistrate will arrange the next hearing and deal with the issue of admission to
bail.

4b-Committal Proceedings
When dealing with indictable offences (murder, rape), the magistrate is not like a referee or
judge responsible for determining conviction or innocence of the accused; the magistrates is

like a nurse in an A & E room responsible for directing cases to other higher courts. Such
procedures are called committal proceedings.

In a committal proceeding, the magistrate has the responsibility to ensure the severity of the
case and the evidence are enough to bring the case to the High Court. If the magistrate thinks

the severity and the evidence are not enough to bring the case before the High Court, the
magistrate can remove the charges and free the accused; otherwise, the magistrate will transfer
the case to the High Court.

Because indictable offences are normally more severe,. The prosecutors thus usually request the
magistrate to postpone the committal proceeding in the first hearing so that the prosecutors

could have more time to collect evidence. Moreover, the prosecutors are required to provide a

package of detailed information to the accused at least 7 days before the formal committal
proceeding hearing. According to the package includes (1) a copy of the complaint made or
information laid before the court, (2) copies of the statements of those witnesses whom the

prosecution intends to call at the trial, (3) copies of documentary exhibits, and (4) a list of
exhibits.

On the day of committal proceeding, otherwise known as the return day, the magistrate must

Upon first appointing the return day, the magistrate shall inform the
accused-

(a) of his right to apply for legal aid;

(b) that not less than 7 clear days before the return day he will receive a copy of the
complaint made or information laid together with copies of witness statements and
any documentary evidence in support thereof, being the statements and evidence
upon which the prosecutor will seek the accused's committal;
(c) on the return day, he will have the right to require a preliminary inquiry and, if he
does so require, he may, at the inquiry, call witnesses to give evidence on his behalf;
(d) where there is more than one charge that, in the event of his requiring a
preliminary inquiry on any charge, the inquiry will be held into all the charges
against him and that only at the conclusion of the inquiry will he have the
opportunity to plead guilty to any charge;
(e) if he does not require a preliminary inquiry, he will be committed for trial without
an inquiry unless he pleads guilty to the charge, in which case he will be committed
for sentence on that charge.

say to the accusedI must warn you that at your trial you may not be permitted to give evidence of an alibi
or call witnesses in support of an alibi unless you have earlier given particulars of the
alibi and of the witnesses. You may give those particulars now to this court or to the
prosecutor not less than 10 days prior to the commencement of your trial.,
or words to that effect and, if it appears to the magistrate that the accused may not
understand the meaning of the term alibi, he shall explain it to him.

4c-Peremptory orders (or unless orders)

In order to arm the registrars directions with more bite, the concept of

peremptory orders (or more usually called unless orders) should be

introduced. Unless orders are made only when a fresh set of directions are
given after default in complying with an earlier set. These orders are made to
ensure compliance with the new set of directions.

4d- Trial dates certainty & hearing fees

Trial dates certainty PTCs and unless orders only assist to ensure efficiency before
trial. Courts also need to ensure that trial dates are used efficiently, in order to save
costs and time.
Once a matter has been set down for trial, a strict adjournment/vacation policy is
adopted to ensure trial date certainty. The principle that trial dates are inviolable
unless there are compelling reasons to vacate them.
.
Hearing fees are imposed only for commercial cases, however. For personal injury
claims or family matters involving divorce, custody and inheritance for example, no
hearing fees are payable. In any event, the registrar has a general power to waive
hearing fees in appropriate cases.
This was aimed at controlling the use of court time as a noticeable trend towards
longer trials had been observed. By imposing a substantial daily fee for the use of court
time, we compelled parties to economize on the use of court time.

4e Jury Trial for Serious Crime like Murder

Jury trial should be done In serious crime like murder, I know it has drawbacks like
media influences ,but it ensures justice in society minds .if society thinks that killing

someone was appropriate . dont think of nanavati case ,see current happenings like .a
girl in patna sahib killed a rapist who was trying to rape her, girl was given life
imprisonment for homicide? Is this look pretty? She should have waited for police or
being raped, after that she should have gone court like merry go round. suppose his
brother has killed a rapist in order to protect her sister.is he guilty of homicide? our
law says such.
I tell you strictly that if Krishna or rama would have been alive ,our court would
have given life imprisonment or hang till death sentence for killing Ravana or
Kansa/Sishupal .lord Krishna would also been awarded for criminal conspiracy
and attempt to murder to kaurvas. this is actual situation of Indian legal system.

5-Dispositive measures
5a-Auto-Discontinuance
5b-Disposal of Old Cases on Priority Basis 5cDismissal of Case on Non-Appearance of Party
5d-Time Limits 5e-Forensic Test
5a-Auto-Discontinuance
We should use a range of dispositive measures to assist with the clearance of cases.
the rule of automatic discontinuance to ensure that inactive cases do not show up and add
to the backlog. In essence, all cases in which no step in the proceedings has been taken in
the past 12 months will be deemed to have been discontinued. This rule is effective in
compelling lawyers to move the cases along. Parties may apply for leave to restore their
cases to the list, but only for good reasons.

5b-Disposal of Old Cases on Priority Basis

It is noticed that many times the Courts instead of giving preference to decide old cases,
choose to decide cases with an eye on completing their quota as per norms fixed by the
High Court for disposal of cases.

5c-Dismissal of Case on Non-Appearance of Party

If a plaintiff does not appear in court for subsequent 5 (civil case) to 7 (criminal) hearing
dates physically, the case should be disposed ex-parte and fine should be imposed on them,
compensation also should be awarded to respondent .

5d-Time Limits
Fixed time for Judgments and Grounds of Decision and Execution of Judgments
Applicability of limitation law.
5e-Compulsory Forensics/NARCO Test In Rape Case

Rape Case is a very complicated issue and a sin o ,to establish truth forensics test like
truth serum, brain mapping, lie detector, NARCO test should be done.in The action must
be reviewed through judge.it will help in convicting criminal, maintaining transparency
and decency of victim.

PART-C

Advocate reform and welfare schemes

Problem 1-Quantity -----there was time when being advocate was a

reputed and prestigious profession but today due to intense rise of law college

there is sudden rise of lawyers quantity is seen. many students have experienced
with bad quality of education and most of them have remain unemployed.

Today in many regions of country lawyers are living in poverty, they dont have any means
to earn money after registration so they get engage in different business or practice law in
dark manner.
Solution- Today We have 900+ Law schools in india. each year 80,000
graduates .most of them unskilled, unqualified lawyers come to legal profession.
This is very bad for us.

1-BCI continuously providing approval to new law colleges ,while china has
regulated its course and college based on employment opportunity.
2-control of law college population , BCI should Increase in quality not quantity

Decrease the law college in half, seats should limited not to be increased above
100 per academic years.
3-today new Law colleges are opened as money making institutions and they are
actually a degree mill. BCI Should have transparency while approving law colleges .
4-Separate 5 year and 3 year private law colleges except government/autonomous
institutions. IT will decrease population and increase employment.

5-State legal university should be made which should affiliate all law colleges,
conduct exam on time, inspect, develop and support various welfare work of
colleges.

Problem -2---Division of lawyers----Today legal work are totally messed

up, which has reduced employment availability in legal field. this will solve
problem employment in legal field.

Solution- Law license should be divided according to their work .

Solicitors-those advocate who are engaged in government department
(public prosecutor) should be given solicitor license,
Eligibility and Rules
(1) those advocates having 7 year of practice .
(2) sitting (passing) in required solicitor exam.
(3) These advocates should be paid monthly
(4) One assistant public prosecutor should not represent more than 2(two)
government department, only PP can do (if required).
(5)They cannot practice as attorney-at law or practice privately.

Attorney-at-law-those advocates who are private practitioner,

Eligibility-who have passed law degree and bar license exam.

They can represent government on pay per case basis (hired on temporary basis)

Barristers or specialized advocates (similar to south African bar council) those

advocates who has done LLM in any specialized branch or higher studies in law
field.
Notary today notary are made by appointment or sifarish, not by exam
those advocates who have practiced law for 10 years ,
they can recruited through notary exam.
Each court should have restricted no of notaries .(no overpopulation)

Problem 3---Employement of lawyers---Today legal employment like PP, notary,

member of consumer forum post and other government post etc are given on
basis of recommendation (sifarish, pairavi etc ). This is unfair and lacks
transparency.
Solution
We should use Mauritius or south African system for appointment of PP and other
government posts and they should be paid monthly .(it is also seen that THESE
PEOPLE STRETCH CASES TOO LONG FOR MONEY due pay per case system, so
they should be paid monthly)

<a> District level Jobs creation in legal fields

(1) At every police station-----------------------------------------------------20
(based on no of police station). (for putting charges and diary maintenance)
(2) Various government department for APPs --------------------------40
(like SDO office, forestry ,DDC ,collectorate etc)

(3) LEGAL CLINICS- for attorneys--------------------------------------------40

(depend upon district population)

(4) ADR,LOK ADALAT ,Arbitration-------------------------------------------30

(depend on district population)

(5) Notary--------------------------------------------------------------------------20
(6) Independent lawyers --------------------------------------------------300-400
(depend on population)

(Recruitment procedure and process should be transparent and should be based on merits)

<b> Jobs in other government sectors

Government should hire legal graduates in field of insurance ,banks ,railways,
Information officers and various PSUs managerial post as permanent basis.

<c> Jobs and Stipend to New/Jobless Advocates

SARDAR PATEL 100 DAYS LEGAL EMPLOYEMENT GURANTEE SCHEMES FOR
UNEMPLOYED ADVOCATES

In this scheme a unemployed advocate will give a application to state bar council
through district bar association and they will be employed for 100 days on pay of
rs 500 as a minimum wage per day.
B R AMBEDKAR STIPEND SCHEMES FOR YOUNG LAWYERS

(New lawyers survival in law fields)

IN THIS SCHEME YOUNG LAW GRADUATES FROM AGE OF 21 TO 28 SHOULD BE
GIVEN STIPEND OF RS 3500 FOR 3 YEARS. IF SOMEONE GETS EMPLOYED DURING
THIS SCHEME,THEN THIS SCHEME WILL BE DISCOUNTINUED TO THOSE
CANDIDATES.
They can be recruited as free legal advisor on phone or internet legal services.

<D>New Court should be opening at block or village level,

This will create employment to lawyers and legal students, because khap
panchayat or illiterate sarpanch judiciary system is worst, corrupt and illegal
.government handling more power to panchayat system is violation of judiciary
system and curse on humanity.

Problem 4---LEGAL OFFICER IN POLICE STATION

A 10TH OR 12th PASSED CONSTABLE (who has done crash course in law) PUTS CHARGE
ON accused. There are chances of error and there is also problem of delays in diary
maintenance.

Solution
A LEGAL OFFICER (law graduate/advocate with 5 years experience) should be posted THERE.
(1) His work will be putting appropriate charges on criminals based on law.
(2) maintaining e-diary in police station and posting it online to particular court.
(3) he will be paid monthly as a employee of police force.

Advantages
This will give a little transparency ,
it will also stop (karcha pani ) bribery of constables, which are paid to reduce or relax sections in
FIR. This will help in putting actual appropriate charges .
It will create employment opportunity among lawyers.

Problem-6-Transparency in law practice

Professional ethics and practice code for legal professionals should be laid by
bar council as soon as possible .Advocates must be punished or fined ,if they
violate any kind of ethics.eg
Cheating & misguiding client
Many advocates misguide their client and throw them in long lingering
unnecessary procedures. (many will say paet ke liye karna parta hai).for food
will you steal/rob another person ? .After sardar patel scheme, these excuses
must not be heard.
Providing false evidence ,affidavit and promise in court
Those Advocates should be debarred from bar for a year or two
Lingering lawyers
Lawyers asking for dates for unnecessary excuses, they should be fined .many
government advocates lingers cases ,because they are paid per appearance.
they should be paid once lumpsum or monthly. Many advocates linger cases
due to non -receipt of bribe from opposite party. Strong action must be taken
against them.

Problem 7-insurance
Advocate health insurance, life insurance, pension and welfare schemes like
education scholarship to poor advocate childrens.
These schemes are incorporated currently by various bar councils. but lot more is
needed to be done to safeguard their life hardness. bar council needs to think and
learn from other countries.

Problem 8-- Legal slum

(a)-Uniform
Our uniform is based upon British colonial style.no one took pain on looking problem faced by
our advocates. according to climatic condition of India, black pant and coats are not suitable.
Britain has cold climate ,so it is suitable dress for them. but India has a hot climate condition ,so
black coats and pant makes them uncomfortable. many advocates black coat have turned to
white by getting soaked to sweat.
Summer vacation to Indian court was based on summer climate of india during English rule,
which is still being continued today .in 2014 may advocates of west Bengal high court boycotted
high court due to hot summer condition .then advocates and judges relaxed were from wearing
coats. Madhya Pradesh has already exempted advocates from wearing black coat.
black color clothes absorbs solar heat in summer so it is unsuitable for wearing in India

solution-Bar Council of India should change dress code in India and advocates should wear
white shirt with blue/brown/grey pant. coat should be allowed to be wear in winters.

(B)furniture
Since independence all major government offices were converted into
modern building. All offices were well furnished with modern facilities
.but court condition remained same with little or no development,

(visit collector office, CM office ,MLA/MP house, but court seems to be legal slum)
Today court in India lacks basic amenities. there is no toilets, sitting facilities,
lightning equipment, no furnitures in many district courts .india spends 0.2%
of its GDP on courts and judiciary. what a shame?. government should be
made forced to spend more on legal infrastructure .

PART-D
Court reform
courts
1-our court should be divided on basis of specialization and power
2-population of judge should be in ration of case and population of a district
3- A single judge hears TRIAL, criminal, civil, torts and all kinds of matter, he is one man
army .His position is not made good ,so it creates problem in justice delivery on time .
For eg -in medical profession specialized doctor treat disease according to their field of
specialty ,a cardiologist operates on heart, neurologist on nerves, physician on medicine. So
court should work on basis of specialization. Singapore and Hong Kong are example of this.

4- Specialized court benches will protect court to avoid miscarriage in justice

Judge should be given training from time to time, without harming court function.
5-The judgment are given in 20-100 pages and in English, which should be made short
and accurate and should be in Hindi or regional language.
6-many judges denies bail & judgment without giving any specific reason ,these judges
should be checked by state judicial vigilance cum ombudsman commission
Redefining

Judge-Manager (source Singapore legal reform)

Judge-Reformer- changer of laws

Judge-Mediator- as a arbitration , mediator, conciliation

Judge

Educator-as a lecturer in university during holidays or retirement

Administrators diversity and different disciplines
Virtual Court Services
- Bail Video link
- Video Link to Remand Prison
- Remote Testimony of Witnesses
- Remote Chamber Hearings
- Link ups with Family Service Centres

eCourts
- Paperless courts from filing to disposition

Court

District courts
1-Court at district level should be divided into criminal court and civil court.
2-civil court and criminal court should function separately
3-Separate buildings and facilities should be provided

Specialist civil court

1-Traffic court/Railway court
2-dignitary and economic tort court
3- claim court
4-Labour tribunal
5-Consumer court
6-Family court
7-Land tribunal
8-Commercial court
9-Trial courts
10-miscellaneous matter

Specialist criminal bench

1-Major criminal bench-A
2-Major criminal bench-B
3-Minor criminal benchA
4-Minor criminal benchB
5-Administrative court
6-Bail court
7-Centralized Pre-Trial Conference Court
8-Trial court (for minor crime)
9-Women & juvenile court
10-Miscellaneous matter court

Description

Specialist crime bench

1-Major crime bench-A

Crime Cases where punishment is more than 5 years will fall under this court and court will be presided
by ADJ (additional district judge).
matter arising between parties -which means if any case a party does on other party and punishment
exceeds more than 5 years than that kind of matter should be heard by this court.
Homicide , Extortion. murder, Assault, theft. Housebreaking with intent to steal. Offences under s.57
of the 1982 Act (trespassing and possession of articles from which an intent to steal may be inferred),
Embezzlement ,Robbery ,piracy, hijacking ,fraud, extortion

2-Major criminal bench-B

matter arises between party and government-Any matter or case or FIR registerd by police or
complaint by government then it should handle those criminal case and punishment must exceeds
more than 5 years.

3-Minor criminal benchA

matter arising between parties -which means if any case a party does on other party and punishment
exceeds more than 5 years than that kind of matter should be heard by this court.
Cases where punishment is less than 5 years will fall under this case and CJM,JM etc will preside in this
court. It will have a separate trial court for conduct of trial

4-Minor criminal benchB

matter arises between party and government-Any matter or case or FIR registerd by police or
complaint by government then it should handle those criminal case and punishment must exceeds
more than 5 years.
Cases where punishment is less than 5 years will fall under this. It will have a separate trial court for
conduct of trial

5-Trial court for minor crimes

It is a matter of concerned that a small crime case takes a long 5 to 6 years for delivering justice.
Minor crime will have separate court of trial and it must be completed within 3 to 6 months. advanced
trial dates will be provided on day of starting trial. Advocates must register a junior or co-counsel who
will deal with trial matter if a advocate is not present.(if he seeks adjournment more than two times)

6-Women and juvenile court

This court will be presided by a women justice/judge, because it is believed that in cases of custody,
rape etc .victim is unable to express himself before a male judge.
If possible then entire court staff should be women and only women advocates should be allowed
to practice in this court ,it will make victim comfortable and women empowerment.
The Juvenile Court should be converted into juvenile and women court. which should have
jurisdiction to hear charges against children (aged under 14) and young persons (aged between
14 and 16) for any offence other than homicide matter related to women or crime against
women like dowry, dowry death, rape ,female foeticide ,human trafficking ,prostitution, abortion, ,
Plagium (e.g. child-stealing),human trafficking, forced prostitution ,selling women etc
Our country must deliver immediate justice to child and women within given time period

7-Bail matter court

Bail matters very much disturb the smooth going legal process ,it is one of cause of pending cases,
because bail matter are given preference and every day many new bail matters are kept on arising ,so
there should be separate bail matter court ,which should only be for bail matters .it is very severe in
states of Bihar ,Jharkhand, Uttar Pradesh ,Maharashtra and Rajasthan ,where person are jailed without
sentence for long time .(where is freedom of liberty?)

8-Miscellaneous court
Certain places are having prone to certain types of crime
District judge will have power to open a court related to specific matter in that area of specialization.
Suppose a area have high single crime like gun manufacturer ,drugs ,etc , then that specialized
miscellaneous court should be opened.

9-Administrative courtmatter related with two things (Court of Audit)The financial courts -- have jurisdiction to try cases
involving possible misuse of public funds, and, in some rare instances, of private funds.
And secondly administrative stream": courts of this order trying cases against the government
officials,MLA, MP, beaucrates (IAS,IPS,etc).
Recently in our parliament MPs gave statement that their case should not be completed in 1 year
,because they are genral citizen of india, if they are general citizen then how they are enjoying free
house, salary ,perks, travels etc, they are not general people ,but representative of people (ie-kings)
Due to new law passed by supreme court for election, it is required to clear the case of public
representative a soon a possible.in parliament there should be no place for prone criminals.

10-centarlised pre-trial conference room

A retired judge with other government advocate should work in counseling, arbitration etc of criminal
matter arising between two parties.

Specialist Civil court

1-traffic/transport court
2-dignitary and economic tort court
3- claim court
4-Labour tribunal
5-Consumer court
6-Family court
7-Land tribunal
8-Commercial court
9-Trial courts
10-miscellaneous tort matter

1-Traffic courts/ Railway court ( Vehicle & transport related matters)

These court will function according to need of place. if there is a metropolitan area ,then
there traffic court or aviation or port court is required to clear dispute as fast as possible
.because delay in cases gives monetary loss to operating company ,employee and to
country also. In areas nearing to coastal areas martime court should be opened and airport
areas with customs & aviation court (also dealing with customs matter)

2-diginatary and economic tort court

Cases like Defamation, Invasion of privacy, False light, Breach of confidence, Abuse of process, Malicious
prosecution, Alienation of affections, Criminal conversation, Seduction, Breach of promise economic torts
like Fraud, Tortious interference, Conspiracy, Restraint of trade.

3-claim court
It deals with monetary claims arising from contract or tort, involving amounts should not exceed 1
crore . Legal representation is not allowed. Parties may authorize a representative (other than a
lawyer) to appear in court. It is one of way of advocate earning ,where they charge 25-50% claim as
their appearance fee.

4-Labor Tribunal
It hears disputes and suits between employers and employees (apart from cases devoted to
administrative courts); the court should be composed of equal numbers of representatives from
employer unions, .it is inexpensive and informal procedure for adjudicating disputes between
employees and employers. It deals with claims arising out of a breach of a contract of employment.
Claims may include wages in lieu of notice, arrears of wages, statutory holiday pay, annual leave
pay, sickness allowance, maternity leave pay, bonus/double pay, severance pay, and long service
payments.
It can be opened at divisional or commissionaire level (depends on amount of cases pending and
requirement)

5-Consumer court
Consumer court is example of dealing cases speedily,it is seen that consumer court are able to
deal with cases within 3 months of filing a cases.
But there is a problem in appointment of judges and forum members which are done on sifarish
,pairavi, favourism etc

6-Family court
It should deal with matter related to marriages, divorce, adoption ,marriage issues, monthly payment
to wife ,compensation etc

7-Land tribunal
One of the important functions of the Lands Tribunal is to adjudicate claims by landlords for
possession of premises, long-term leases ,time constraint ,decision of case should be based
on written agreement between parties , it should also deals with real estate cases etc.
no oral based evidence should be admitted.
A huge amount of land cases are pending before court and it effects very severely in our
nation development and various other projects.
other cases-Contracts, Criminal law, Evidence ,Property ,Wills, trusts, and estates

8-Business Court (commercial court tribunal)

It hears matters involving trade and business disputes and the panel is elected from the business
community. speedy disposal for business and commerce court or tribunal are required for economic
development and increase foreign investment or trade in india.
Additionally it should look for tax cases .

9-Trial court
Trial courts should be made for exclusively for civil cases, where a separate judge
may reside and decide authencity of complain/evidence/statement.

10-miscellaneous Tort court

It should be established for tort related matters like intentional law -Assault
,Battery, False imprisonment, Transferred intent, Defenses -Assumption of risk ,Comparative negligence
,Contributory negligence, Consent, Necessity, Statute of limitations, Self-defense, Defense of others
,Defense of property, Shopkeeper's privilege, Negligence-Duty of / standard of care ,Proximate cause
,Res ipsa loquitur, Calculus of negligence, Rescue doctrine, Duty to rescue , Negligent infliction of emotional
distress, Employment-related, Entrustment, Malpractice ,legal, medical, Liability torts-Product liability,
Quasi-tort, Ultra hazardous activity, Nuisance-Public nuisance, Rylands v Fletcher.

High courts
Our high court should be divided in civil high court and criminal high court. And they should
have following benches for hearment

Civil high court

criminal high court

1- claim appeal court

2-civil review court
4-Consumer court appeal

1- criminal bench-Appeals-A
2- criminal benchAppeals-B

5-Family court appeals

6-Land tribunal appeals
7-Commercial court appeals
8-tort court appeals
9-miscellaneous matter (PIL COURT)
10- civil writ court
11- Green/environment court
12 tax/patent/IPR/obscenity tribunals

3-Administrative court appeals

4-Bail court-10 in number
5-Trial court
6-Women & juvenile court
7-Miscellaneous matter court
8- CBI/Investigation court

Civil High Court

It should be opened at commissioner level or divisional level .it should be made to decrease case load
over high court and lowering pending cases. cases must be given judgment within minimum 6 months to
15 months.
1- claim appeal court-CASES related to monetary claims not exceeding to above 10 crore, money
defamation, money suit cases ,company compensation etc
2-civil review court- civil review ,civil revision
4-Consumer court appeal- Consumer appeal matter arising from district courts
5-Family court appeals-Matrimonial suits, compensation etc
6-Land & labor tribunal appeals--Cases arising of land & labor appeals arising from district land and
labor court
7-Commercial court appeals--company appeals ,company appeal (SJ), company appeal
(DB), company appeal, commercial petition

8-tort court appeals-Tort matter appeals

9-PIL COURT-Miscellaneous matter related to public welfare
10- civil writ court-certificate appeal ,civil writ
11- Green/environment court-Environment ,forest, wildlife and animal related issues
12- tax/patent/IPR/obscenity tribunals-SIA, Tax, test ,IPR, Patent,

Criminal high court

High court which are standing in state capital should be made criminal court of 2nd instance and it
should be given civil matter cases of nearby district lying around high court.
It will be head high court and it will has all right to take suo moto or other action against
person ,government etc

1- criminal bench-Appeals-A-Criminal writ, criminal misc, criminal misc (db),criminal revision

criminal review
2-criminal benchAppeals-B--Cr appeal 341, cr appeal (db) , cr app(sj), cr app (u/s)
3-Administrative court appeals----courts of this order trying cases against the government
officials,MLA, MP, beaucrates (IAS,IPS,etc). for scams and financial misuse of funds.

4-Bail court-10 in number-Bail matters lying in court

5-Trial court -Few criminal mater requires trial, which should be tried at separate trial courts
6-Women & juvenile court-Appeal of women & juvenile crime related matter arising from
district juvenile & women court
7-Miscellaneous matter court -----Miscellaneous matter in courts
8- CBI/Investigation court----- Bribery and investigation related matters

Talent Management
Scholarship Judges and Court Administrators

Sponsorship for Para-Legal Studies

awarding and prize for judges

Specialist Judges, Ad-Hoc Deputy Registrars

Concurrent Appointments

A Singapore model of court innovating process

ANNEXURE(II)-New Court Requirement and Their Jurisdictions

New Court Requirement

world suffers lot not due to violence of bad people but due to silence of good people

# there is need to open court at divisional

administrative level

# We spend lowest GDP on judiciary and judge

population ratio is lowest in world (which is
shameful)

# if we see data then there is high pending of civil

matter cases, so civil high court benches should be
opened more.

#Today IIT/IIM are opening .but new courts are not

# we also need court at block level (sub divisional

level) because what is happening in gram
panchyat/khap panchayat is not good. they give
weird and wrong decision on various issues
especially on women and child issues.

# After independence rise of population MP/MLA

increased new district ,new states were formed,
but new court s remain same and backlogs cases
increased.

# 70 % common man problem will be solved

Poor judiciary system give rise to corruption,

automatically solved by increasing speedy judiciary poverty and naxalism

system

Transport Tribunal Courts

in district as well as high court as a specialized bench.it is seen that delay in these
cases give rise to loss to consumer, country ,owner and staffs.
COURTS

JURISDICTION

Maritime
court

Kandla,paradip,JNPT,Mumbai,Visakhapatnam,cheenai,
haldia(kokatta),mangalore, Ennore, kochi , mormugao, port Blair.

Customs and
aviation
tribunal court

Delhi ,Mumbai, Ahmedabad, Chennai, Kolkata ,Hyderabad, lucknow

and Bangalore

SUPREME COURT
Many advocates will be not favor this because this will end their monetary monopoly, but it
will be good for masses. We can do one thing that constitutional bench should lie in new delhi
only. three supreme court is required because we are second largest in terms of population and
justice can be accessible for all is our motto.

supreme court three additional benches in three metro regions

JURISDICTION
SUPREME COURT BENCHES

SUPREME COURT NEW DELHI BENCH

The Northern Zonal BENCHl, comprising the States
of Haryana, Himachal Pradesh, Jammu and
Kashmir, Punjab, Rajasthan and the Union Territory
of Chandigarh, Madhya Pradesh, Uttar
Pradesh, Uttarakhand and National Capital Territory of Delhi;

SUPREME COURT KOLKATTA BENCH

The Eastern Zonal bench, comprising the States

of Chhattisgarh, bihar,Jharkhand, Odisha, Sikkim, West
Bengal and the Union Territory of Andaman and Nicobar
Islands,The North-Eastern States Assam, Arunacha lPradesh
,Manipur ,Meghalaya , Mizoram, Nagaland and Tripura;

SUPREME COURT PUNE BENCH

The Western Zone, comprising the States

of Goa, Gujarat, Maharashtra and the Union Territories
of Dadra and Nagar Haveli and Daman and Diu; The Southern
Zone, comprising the States of Andhra
Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana and the
Union Territories Lakshadweep and Puducherry.

New High court

Court should be divided into civil high court and criminal high court and further into specialized bench
at high court
High court which are existing today should be divided on basis of work, so that cases pending does
not exist.
if we see data then there is high pending of civil matter cases, so civil high court benches (civil
high court for 2nd instances) should be opened more.
High courts which are already present will work with its new jurisdiction, but original power to
take suo moto or prosecute any government servant will remain same.
IN CIVIL CASES THERE SHOULD BE FIXED TIME AND DURATION TO APPEAR BEFORE COURT
INDEPENCE IN JUDINCIARY WAS BROUGHT FOR MENTAL EFFECT,SO MORE Humanity should COME
OUT FROM THEIR MIND BUT IT HAS BECOME monopoly, anarchy, delay justice, miscarriage,
pendency in our judicial system etc

CRIMINAL HIGH COURT CIRCUIT benches

States
Bihar
uttar Pradesh

Jharkhand

WB

Gujarat

NE

New Courts
Bhagalpur, Gaya and
darbhanga (4 months
each circuit benches)
Agra, Saharanpur and
Bareilly (4 months each
circuit benches)
deogarh and garhwa
districts (6 months
each)circuit benches
Darjeeling or cooch
behar in winters (6
months)
surat and porbander
court (6 months each)
Permanent benches in
aizwal and kohima,
increase judges
strength in guwahati

States

Madhya Pradesh

New Courts
Bikaner and
chittaurgarh in winter
season.(6 months)
Permanent bench in
Gwalior

MAHARASTRA

NASHIK AND AMRAVATI

(6 MONTHS )

Uttarakhand

Tehri/roorkee(Garhwali
division) 6 months only

Rajasthan

Haryana
Punjab

Gurgaon (6 months
only)
Amritsar - winter circuit
court (6 months only)

PERMANENT CIVIL HIGH COURT

Based on population and geographical area connectivity. New courts and their
jurisdiction. These court will deal with civil case matters.

Assam
New
COURT

JURISDICTION districts

Guwahati
high court

Dhubri, Kokrajhar, Bongaigaon, Goalpara, Baksa, Chirang, Barpeta, Nalbari, Kamrup

Rural, Kamrup Metro, Marigaon, Udalguri, Darrang, Baksa

Silchar civil
high court

Dima Hasao, Karbi Anglong, Cachar, Hailakandi, Karimganj

Jorhat civil
high court

Lakhimpur, Dibrugarh, Dhemaji, Tinsukia, Sibsagar, Jorhat, Golaghat, Sonitpur

BIHAR
New COURT
Patna high court

JURISDICTION districts
Districts (6) : Patna, Nalanda, Bhojpur, Rohtas, Buxar and Kaimur.
Population (2011) : 17,662,618 and 3 districts of
Saran, Siwan and Gopalganj. Population (2011) : 9,819,311 and districts of
Aurangabad, Gaya, Jehanabad and Arwal ,population (2011); 7,931,018

Darbhanga CIVIL high

6 tirhut Districts : West Champaran, East

COURT

Champaran, Muzaffarpur, Sitamarhi, Sheohar and Vaishali , Population

(2011) : 21,356,045 and : 3
Districts : Darbhanga, Madhubani [1]and Samastipur. ,Population (2011) :
15,607,164

Bhagalpur civil high court

Bhagalpur and Banka,Population (2011) : 5,061,565 and Munger division

6
Districts : Munger, Jamui, Khagaria, Lakhisarai, Begusarai and Sheikhpura.
Population (2011) : 6,408,375 and nawada district population (2011);
3.456,248

Kisangani CIVIL high COURT

Kosi Districts : 3 Districts of Saharsa, Madhepura and Supaul. ,Population

(2011) : 6,120,117 and 4 Districts : Purnia, Katihar, Araria and Kishanganj.
,Population (2011) : 10,838,424

Haryana
New COURT

JURISDICTION districts

CHANDIGARH high
court

GURGAON CIVIL
HIGH COURT

Ambala Division
districts of Ambala, Kaithal, Kurukshetra, Panchkula and Yamuna Nagar.

Gurgaon Division
(districts of Faridabad, Gurgaon, Mahendragarh, Mewat, Palwal and Re
wari.)
Hisar Division districts of Bhiwani, Fatehabad, Hisar, Jind and Sirsa
Rohtak Division districts of Jhajjar, Karnal, Panipat, Rohtak and Sonipat.

Punjab
New COURT

JURISDICTION districts

Amritsar civil high court

Districts -Hoshiarpur,Jalandhar,Amritsar,
Pathankot,Tarn Taran, Kapurthala,
Fazilka,Firozpur,Gurdaspur, Muktsar

Chandigarh high court

Barnala,Bathinda,Faridkot,Fatehgarh
Sahib, Ludhiana,Mansa,Moga,Ajitgarh,
Ropar, Sangrur,Patiala, Nawan Shahr

Jharkhand
New COURT
Ranchi high
court

JURISDICTION districts
Kolhan division (East Singhbhum,Seraikela Kharsawan district,West
Singhbhum) and North Chotanagpur division (Bokaro district,Chatra
district, Ramgarh district, Hazaribagh district), Palamu division (district
Garhwa, district Latehar, district Palamu), South Chotanagpur division
(Gumla district,Khunti district,Lohardaga district,Ranchi district,Simdega
district)

Deogharh civil high

court

Santhal Pargana division (Godda,Deoghar,Dumka,Jamtara,Sahibganj,Pakur)

and North Chotanagpur division (Dhanbad district,Giridih district, Koderma
district)

Karnataka
JURISDICTION districts

New COURT
Bangalore HIGH COURT

Bangalore Division (districts of Bangalore, Bangalore

Rural, Chitradurga, Davanagere, Kolar, Shimoga,
Ramanagara,Chikkaballapur, Davanagere and Tumkur)

Gadag CIVIL high COURT

Belgaum Division (districts of Bagalkot, Belgaum

District, Vijayapura, Dharwad, Gadag, Haveri, and Uttara
Kannada.)

Gulbarga Division
(districts of Bellary, Bidar, Gulbarga, Koppal, Yadgir,
and Raichur)

Madhya Pradesh
JURISDICTION districts

New COURT
BHOPAL HIGH COURT

Bhopal ,sagar and narmada divisions (=13

districts)

GWALIOR HIGH COURT

Chambal and Gwalior division (=8 districts)

INDORE HIGH COURT

Indore and ujjain division(=15 districts)

Jabalpur high court

Shahdol ,rewa,jabalpur divisions (=15 districts)

Andhra Pradesh
New COURT
Vishakhapatnam civil high court

Kurnool civil high court

JURISDICTION districts
Coastal Andhra comprises the 9 districts: East
Godavari, West
Godavari, Krishna, Guntur, Prakasam, Sri Potti Sri
Ramulu Nellore,Srikakulam, Vizianagaram,
and Visakhapatnam.
Rayalaseema comprises the 4 districts: Kurnool, Chittoor,
Kadapa and Anantapur.

MAHARASTRA
JURISDICTION districts

New COURT
NAGPUR HIGH COURT

Amravati Division
(Akola,Amravati,Buldana,Yavatmal,Washim)
Nagpur Division
(Bhandara, Chandrapur, Gadchiroli, Gondia,
Nagpur, Wardha )

AURANGABAD HIGH COURT

Aurangabad Division
(Aurangabad, Beed ,Hingoli, Jalna, Latur, Nanded
,Osmanabad ,Parbhani)
Nashik Division
(Ahmednagar, Dhule, Jalgaon, Nandurbar,
Nashik)

MUMBAI HIGH COURT

Konkan Division
(Mumbai, Mumbai Suburban District, Thane,
Palghar, Raigad, Ratnagiri, Sindhudurg)
Pune Division
(Kolhapur, Pune, Sangli, Satara, Solapur)

RAJASTHAN
New COURT
BIKANER CIVIL
HIGH COURT

JAIPUR CIVIL HIGH

COURT

JURISDICTION districts
it will comprises four districts: Bikaner, Churu, Sri
Ganganagar, Hanumangarh Hanumangarh

Jaipur Division five districts: Alwar, Dausa, Jaipur, Jhunjhunun, Sikar.

Bharatpur Division four districts: Bharatpur, Dholpur, Karauli, Sawai
Madhopur.
Ajmer Division four districts: Ajmer, Bhilwara, Nagaur, Tonk.
Jodhpur Division six districts: Barmer, Jaisalmer, Jalore, Jodhpur, Pali, Sirohi

JODHPUR CIVIL HIGH COURT

CIVIL HIGH COURT AT UDAIPUR

Kota Division four districts: Baran, Bundi, Jhalawar, Kota.

Udaipur Division 7
districts Banswara, Chittorgarh, Dungarpur, Rajsamand, Pratapgarh, Udaipur

Uttar Pradesh
New COURT
AGRA CIVIL HIGH COURT

JURISDICTION districts
Agra division (AGRA ,MATHURA,MAINPURI,FIROZABAD) Aligarh division
(ALIGARH,ETAH,HATHRAS,KASGANJ), Jhansi division
(JHANSI,JALAUN,LALITPUR) AND Kanpur division (Kanpur Nagar, Auraiya,
Etawah, Farrukhabad, Kannauj, Kanpur Dehat)

SAHARANPUR CIVIL COURT

Bareilly division(BAREILY,BADAUN,PILIBHIT,SHAHJAHANPUR) , MeeruT

division
(MEERUT,HAPUR,BAGHPAT,BULANDSAHR,GHAZIABAD,MEERUT,GAUTAM
BUDDHA NAGAR), Saharanpur division (SAHARANPUR,SHAMLI,
MUZAFFARNAGAR) AND MORADABAD
(districts of Moradabad, Bijnor, Rampur, Amroha andSambhal.)

LUCKNOW CIVIL HIGH COURT

DEVIPATAN (Bahraich,Balrampur,Gonda,Shravasti), BASTI (Basti, Sidhartha

Nagar, and Sant Kabir
Nagar.),GORAKHPUR(Deoria,Gorakhpur,Kushinagar,Maharajganj),FAIZABAD
(Ambedkar Nagar,Amethi,Barabanki,Faizabad,Sultanpur), Lucknow division
(Lucknow, Hardoi, Lakhimpur Kheri, Raebareli, Sitapur, and Unnao.)

ALLAHABAD CIVIL HIGH COURT-

ALLAHABAD (Allahabad,Fatehpur,Kaushambi,Pratapgarh),
CHITRAKOOT (Banda,Chitrakoot,Hamirpur,Mahoba),MIRZAPUR
(Mirzapur,Sant Ravidas Nagar,Sonbhadra),VARANASHI
(Chandauli,Ghazipur,Jaunpur,Varanasi), AZAMGARH
(Azamgarh,Ballia,Mau)

West Bengal
New COURT
COOCH BEHAR CIVIL HIGH COURT

JURISDICTION districts
Jalpaiguri division -Alipurduar district,Cooch Behar
district,Darjeeling district,Jalpaiguri district,Malda
district,North Dinajpur district (Uttar
Dinajpur),South Dinajpur district (Dakshin Dinajpur)

BARDHMAN CIVIL HIGH COURT

KOLKATTA HIGH COURT

Burdwan division-Bankura district,Bardhaman

district,Birbhum district,East Midnapore district (Purba
Medinipur),Hooghly district, Purulia district West
Midnapore district (Paschim Medinipur)
Presidency division-Howrah district, Kolkata
district ,Murshidabad district, Nadia district, North
24 Parganas district (Uttar 24 Parganas),South 24
Parganas district (Dakshin 24 Parganas)

Sources

Justice B. mehrotra on court management

Singapore judiciary reform
Hong kong procedures
Various Law commission report
Self research