Strengthening The Court System

One of the fundamental rights is the expectation of reciprocity of treatment in the conduct of one’s affairs. This translates into being just and fair, and to be so treated in the courts which are charged with administering justice. In discharging this obligation, the streams of justice must be kept pure and unadulterated, not clogged or polluted. The state of judiciary has to be judged by the state of lower courts since the subordinate judiciary is the first point of contact for the people. , in most states, the subordinate judiciary is in a terrible mess. The corruption is rampant in subordinate judiciary in which the lawyers and court staffs play havoc. Not all lawyers and court staffs are corrupt but it is hard for the honest ones to compete with the corrupt ones.

Corruption within the court system has gained momentum. Judicial corruption is not confined to the inside of the courts. Corrupt lawyers, prosecutors, government pleaders police and bailiffs are all in a position to distort the course of justice, Malpractices among court staff are prevalent since court records management systems are inadequate.“Court staff” includes the personal staff of the judge, including Bench clerks, bailiffs, process servers. Court clerks take decisions with lawyers about dates and assignment of time for hearing without consulting the judge or magistrate .This is because the clerks had developed relationships with such lawyers in which the lawyers tip them regularly to fix dates for their cases, expedite court deposit payments, judgment copies, etc. The clerks thus tend to flout administrative procedures in order to continue to benefit from such lawyers. Lawyers and their clients bribe for files to be lost, for cases to be slowed down or accelerated, for judgments not to be enforced, and for judges to be changed to those of their choosing. All disagreeable things happen with active participation of court staff. Even if a judge is not corrupt, a case could still be stalled due to the corrupt court staff. Officers right from chief Ministerial staff to the process server demand and accept bribes. It is almost impossible for papers to be processed in the court unless the court staffs palms are greased Corruption at court starts from filing of cases and it continues until execution. Court staff manipulates court dates to favor one party or another. Verbatim transcripts of deposition may be inaccurately summarized, or witness testimony is distorted before delivering a verdict that has been purchased by  a party in the case. The fact that court staffs are increasingly prone to corruption is an indicator of the widespread prevalence of corruption in the broader society. Regrettably few lawyers are key players of the judicial process and part and parcel of the problem of judicial corruption, but such unethical conduct is not effectively checked by the Bar Council. Opaque court processes that foster bribery also prevents  the media and society from monitoring court activity and exposing corruption.

The prevalence of corruption has serious socio-legal consequences. As a result, extra-legal mechanisms (Kangaroo courts/katta panchayat) for redress of grievances and for providing rough and ready justice has sprung up throughout the country. The foremost cause for increasing criminalization of society and politics is the failure of the justice delivery system. First, court-related corruption is a significant source of institutional malfunction; it can thus undermine the integrity and credibility of the entire legal system. When litigants, and the general populace lose faith in the judicial system it cannot wholly recover its credibility no matter how efficiently, fairly and effectively it functions thereafter. Second, for litigants seeking relief for breach of business or investment contracts or for judicial clarification of uncertain title to land, high transaction costs could be raised as a result of judicial corruption. Third, a corrupt judiciary is also prone to political manipulation and so could be weak in terms of the protection of the fundamental human rights of ordinary citizens, especially the protection of rights that are of a civil and political character, This is because the enforcement of these rights is often directed against the state, particularly the political branches of government.

Indicators of corruption, as perceived by the public, include: delay in the execution of court orders; Loss of court records and documents, unjustifiable issuance of  warrants and granting of bails;  lack of public access to records of court proceedings; unusual variations in sentencing; delay in delivery of judgments; high acquittal rates; conflict of interest; prejudices for or against a party witness, or lawyer (individually or as member of a particular group); Lawyers seek adjournments so as to make more money from clients. prolonged service in a particular judicial station. Frequent socializing with particular members of the legal profession. Post retirement placements of court staffs. The litigants are of the opinion that judicial officers are often aware of corruption, but they never initiate action against their own staff.  

The general public’s mistrust in due process indicates that the justice machinery of the country has failed to serve its purpose. Long delays in the judicial process are disheartening enough; the lack of quality in professional services is yet another reason for people to shy away from the courts. For instance, it is a challenging task for a litigant to find a good lawyer at an affordable price. Court staffs acting as touts by soliciting briefs is becoming common practice.

What's wrong with  the system? Why the system is rot ? These are the questions in the mind of the common man seeking justice in the courts of law in India. We have a diseased system, which is rotten at the core .There are certain startling facts. The sheer number of cases pending in the Indian judicial system, The number of judges across various states (one judge for every million) the system is rife with delays and inefficiencies, ideal conditions for middlemen to step in. Inaccessibility is another problem. The judicial system is highly dilatory, expensive, and beyond the reach of the common man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra money is often required to grease the wheels of the system. Ultimately the litigant goes  in to the judicial machinery as a swine and comes out as sausage .

Possible determinants of judicial corruption” is in the form of several hypotheses. These include “the lower the salary, the higher the likelihood of corrupt behavior” “the slower the judicial system, the higher the likelihood of corruption” Insecure working conditions, including unfair promotion and transfer processes and a lack of  training, make court personnel vulnerable to bribery. A progressive discipline system is the best way to strengthen the System:

from ambulance chasing and other unethical practices. It is painful to hear that a few lawyers do a lot more by siphoning their clients money  aid and abet crimes . They aid in embezzlement, extortion, and deprivation of rights They rule the roost and knock the doors of justice with the bracelets of shame. Barratry (illegal action of persistently bringing lawsuits for little or no reason) an improper solicitation is illegal for lawyers, who are prohibited from contacting prospective clients, directly or indirectly, to win their business. Despite this, depraved practice flourishes. Touts who whack  on the doors, come to the hospital, sepulcher ,fill the role of Motor accident claim , trying to get these folks to sign up so they can flip the brief to someone who will settle it quickly for less than the claimant  may deserve. The Bar council has done nothing about this open and dishonorable practice. No lawyer has been disciplined for ambulance chasing. The full bench of the apex court remarked that lawyers are the custodians of civilization. Lawyers have to discharge their duty with dignity, decorum and discipline. (1977-SCC-1-744 HARGOVIND DAYAL SRIVASTAVA AND ANOTHER, vs G. N. VERMA AND OTHERS,)Therefore to discipline the advocates who indulge in ambulance chasing is inherent and incidental.

The practice of law is a privilege granted only to those who possess the strict intellectual and moral qualifications required of lawyers who are instruments in the effective and efficient administration of justice. A continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one's good standing in the exclusive and honored fraternity.  Therefore practice of law should be regulated. The image of a lawyer in society as well as the self-image of the profession is not what it ought to have been given the diverse roles as stipulated above. A change is needed and it is important that the profession exists for the people and not the other way round. The profession requires change to let a more rational distribution of work and to promote standards of efficiency and accountability. The way a lawyer thinks, acts and conducts himself will have to change if legal services have to be a powerful tool for justice in an unequal society.

Perceptibly no reform of the justice-delivery system is possible without full cooperation of Advocates and their active assistance. It is trite that the Bench and Bar are two sides of the same coin. A re-invigoration of the Bar & Bench serves as a veritable feedback from one body to the other. This will no doubt increase cooperation, understanding and performance. It is necessary that there is a constant interaction between the Court and the Bar. A committee of  judicial officers and the representative of Bar should meet at regular intervals and try and sort out the problems as early as possible.

Firstly, there must be some reform in the Legal education system. Only meritorious students and fresh law graduates from premier law schools  should be encouraged to enroll their names in the Bar rolls. All part- time Law courses should be derecognized. There should be a vigorous drive to weed out poor quality law colleges around the country through physical inspection of facilities and de-recognize   of degrees.

Disciplining the court staffs: 

Strengthening Judicial Integrity and Capacity for a good dispensation of Justice was initiated by the “International Judicial Group” formed in Vienna, in April 2000 by the United Nations. A Code was designed to maintain high ethical standards in both the professional and personal life of a judicial officer The code instructs that a judicial Officer must observe the standards of fidelity and diligence that applies to him and must avoid nepotism, favoritism, maladministration, sexual harassment allegations, late sittings, incompetence, and doubtful integrity. He should diligently discharge his administrative duties, maintain professional competence in judicial administration and ensure compliance with the rules of court and encourage the skills of other court officials under his control and direction. He must lead by example, by sitting promptly, maintaining the hours of the court and disposing the cases assigned to him, thereby ensuring the speedy administration of justice without compromising the due process. If a judge remains cautious and monitors his staff the court officials will not be able to indulge in corruption," To achieve this, a judicial Officer should monitor and supervise cases so as to reduce and eliminate dilatory practice, avoid delays, and unnecessary costs. They should focus more intensely on dispute resolution and alternate method of disposal of justice system. – The judicial officers should ensure to ban touts from court premises- to control the diaries - Establish a transparent, efficient and  independent complaint system- Establish Court User Committee to review, analyze and follow-up on complaints- should require their staff and court officials subject to their direction and control to observe the standards of fidelity and diligence that apply to judges. Judges should take or initiate appropriate disciplinary measures against a lawyer to the bar council for unprofessional conduct of which the judge may become aware. - increasing transparency of case-management and facilitating media coverage of court proceedings above all  the behavior and conduct of a judicial officer must reaffirm the people's faith in the integrity of the judiciary.  Only then we can dream of a nation, which was visualized by our Lawyer turned freedom fighters .

It was Mahatma Gandhi who described the seven sins as politics without principles, wealth without work, pleasure without conscience, knowledge without character, commerce without morality, science without humanity and worship without sacrifice. On corruption he said that it will be eradicated when the large number of people given to the practice, realize that nation does not exist for them but they exist for the nation. It will require a high level of moral and extreme vigilance and people who achieve it should influence others including corrupt officers. Indifference to such matters is criminal.

Our former chief justice Lahoti remarked that Dispensation of justice is an attribute of God. Blessed are those on whom that responsibility has fallen. And still blessed are those who acquit themselves of this assignment with pride, dignity and honour or with a sense of fulfillment and accomplishment. Ethics in public service is crucial to success of any democratic set-up. Judicial office is essentially a public trust.  Society is, therefore, entitled to expect that a Judge must be a man of high integrity, honesty and required to have moral vigour, ethical firmness and impervious to corrupt or venial influences. Greek philosopher Socrates counseled judges to hear courteously, answer wisely, consider soberly and decide impartially .The greatest strength of the judiciary is the faith of the people in it.  Faith, confidence and acceptability cannot be commanded; they have to be earned.  And that can be done only by developing the inner strength of morality and ethics so that more and more people will gain the capacity and the confidence to approach the judicial system.

The strength of the Court system to combat corruption lies in its own stature and image to a large extent as also in its own accountability and respect for the law. This is reflected from the dictum of the Apex Court in K. Veera Swami V. Union of India (1991) 3 SCC 655.

Finally I would now set off with two  principles of Justinian code . The first one is: - {Ignorantia judicis est calamitas innocentis: }“The Ignorance of the Judge is the misfortune of the Innocent” and {Judex habere debet duos sales: Salem sapientiae ne sit insipidus et  Salem conscientiae ne sit diabolus:} This means that a Judge or Magistrate has an obligation to improve his competence in the performance of his duties by improving his intellectual ability and widening his knowledge, ability and experience of people and of the Law. He should know the Principles of the Law which he applies and should know the Rules of Procedure in Civil and Criminal Matters                           

K.SURESH BABU ADVOCATE

M.A.(CRIMINOLOGY)M.A.(DEFENCE STUDIES)M.A(LABOUR STUDIES)B.L

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