The urgent need for judicial reforms to prevent judicial dilution and to restore the judiciary's credibility

My Study about Administration of Justice runs as under:

"Essential functions of a State are Defence of the country against external aggression, Maintenance of law and order within its territory and Administration of justice.

At all times, these functions are basic and no State can survive unless these essential functions are satisfactorily performed. If the State fails to perform them in a satisfactory manner, the Government of such a State will come to an end. All other functions of a State are of a secondary nature. Unless administration of justice is properly and satisfactorily managed, other activities cannot be satisfactorily carried on by people and as such, the State should attach great significance to it.

In a primitive Society, private violence and violent self-help were used to settle disputes. It was barbaric method of settling disputes. The principle “Might Is Right” prevailed at that time. A person who suffered any injury or wrong, used to redress the same by taking revenge against his enemy. For that purpose, he had to depend upon his friends and Kinsmen. On account of such circumstances which prevailed then, people formed groups for their own defence, land and security. The circumstances which then existed were extremely bad. There was no security of life and property. The conditions were so hopeless that there was no guarantee of a criminal being punished and, if at all punished, he would be punished in proportion to his crime. In fact, what was a common feature in those days was that one crime was followed by another crime and the chain of crimes continued.

In the second stage of Administration of Justice, a man was not allowed to take life for an eye or for tooth. State legalized and enforced the concept of tooth for tooth, eye for an eye and life for life.

Now in the third stage, the State can no longer act as a silent spectator or just a regulator of private vengeance. In a civilized Society, there should be a sound system of Administration of Justice which would impart Administration of Justice in a real sense. Wrong-doers and offenders must always be properly dealt with so that the law-abiding people are given due protection. To-day the State conducts the enquiry or investigation into the criminal acts or other wrongful acts and determines the liability and administers justice. There are provisions of law which enable the parties to go in appeal. In respect of criminal justice, even if the victim happens to be an individual, his act is treated as an offence against the Society at large. Therefore, the entire Society or community is concerned with such an act. It is necessary that the Society should be protected from wrong-doers and offenders.

Barring a few cases, prosecution is instituted and conducted by the State against the person concerned. Thus, punishment is inflicted on the wrong-doer or offender by or in the name of the State".

HOWEVER, IN REALITY... , administration of criminal justice is very poor in the present justice delivery system in India. It is not a news that some of the bureaucrats are united and conspired to dilute justice delivery system. In INDIA, the victims have to rely upon only the mercy of the Almighty God. It is these bureaucrats who are the most terrific and dangerous persons than the frustrated people who take retaliatory measures to secure justice. I regret to observe that many Government servants who are supposed to serve for the people are really encouraging commission of offences either directly or indirectly with selfish motive and protect the the offenders and are diluting the judicial system by abusing their powers meant for discharging the duty in a fair manner. However, we are witnessing many social workers and human rights activists being treated like terrorists so as to discourage them from highlighting the lawlessness at the instance of the corrupt bureaucrats.

"DOCTRINE OF RULE OF LAW"

My study about Rule of law is something different from what is in reality in our country. Many democratic countries including India have accepted doctrine of rule of law.

"Doctrine of rule of law implies that every person is equal before the law. All Public officials, whether high or low, are under the same responsibility for every act done by them. All laws should bind everyone including those who run the Government and the Government itself. The equality of all in the eyes of law minimizes the tyranny and irresponsibility on the part of the executive authorities. In the rule of law, arbitrary exercise of power by the executive is practically eliminated. Therefore, there is no possibility of a person being oppressed, harassed or subjected to unjust trial or illegal proceedings. In other words, legal process cannot be abused by the executive by virtue of such rights conferred on the accused person. The judiciary when applying the law to a particular case must do so independently and without any external pressure or control. The judges should decide only according to the rules laid down and not according to their own sense of justice or personal preference".

Where rule of law is strong, people uphold the law not out of fear but because they have a stake in its effectiveness. “Preamble of our constitution guarantees to a citizen justice, liberty, equality and fraternity. All these are possible only when there is rule of law. Rule of law indicates good governance which requires fair legal frame work tha"t enforce law impartially. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force. (2010 ALL M.R. (Cri.) 244 (BOM) (F.B))

1. The hon'ble Supreme court says that the judiciary is a vital pillar of our constitution. Judiciary is respected because it is capable of removing injustice and is expected to do so. It is expected that the justice delivery system should be easily accessible to the citizens and justice should be delivered at the lowest possible cost. However, because of ignorance of substantive as well as procedural laws, the judicial officers pass wrong orders. When the same is brought to the notice of the concerned Judge by pointing out the relevant provisions of law or case laws, the same is not recorded by certain judges to make themselves in a safer side. They are not ready even to take the written submission made on behalf of the litigants on the record so that the litigants would be deprived of opportunity of being heard against the adverse order passed by such judges either in Revision or appeal, etc. in an efficient manner. If the advocate further submits to take his written submission, then an adverse order is passed against the advocate himself so as to restrain the advocates from disagreeing with the procedure followed by the judge irrespective of the binding precedents and also express provisions of law. Indian Justice Delivery system is getting so diluted day by day that the victims are getting scarred of approaching courts of law.

2. An advocate being a member of noble profession, he/she should maintain his/her self-respect and independence as their client's advocate. Respect for the Court does not mean that the counsel should be servile. As per the judgment of the hon’ble Supreme court of India, (High Court of Karnataka Vs. Jai Chaitanya Dasa and Ors. Reported in (2015 (2) KCCR 1809), it is the advocate’s duty, while respecting the dignity of the Court, to stand firm in advocacy of the cause of his /her client and in maintaining the independence of the Bar.

3. The easy access, cheaper justice system and speedy decision are the best factors of any judicial system from the view point of the citizen. However, judges and bureaucrats themselves are creating causes for future litigation and thereby force the genuine litigants to give up their valuable claim, inter alia, on account of fear of unaffordable litigation expenses.

4. The quality of some of the judges is a matter of concern. The conduct exhibited by them shows not only their ignorance of basic procedural law, but also their disrespect to the hon’ble Apex Court of India as well as that of hon’ble Madras High Court. The continuing decline in the quality of judges will delay delivery of justice, increase pendency of cases, impair quality of judgments, and in turn affect the competence of higher judiciary as well. However, the litigants who are already leading stressful life, cannot be expected to take risk of making any complaint against wrong-doing judges unless a free and fair mechanism is ensured there for.

Reason for Question No.1

Judges enjoy so much respect because of their powers, but they are not easily made liable even for their intentional wrong decisions. Litigants are losing faith in the justice system in absence of any practically possible mechanism to redress their simmering grievance against the corrupt judges because of their fear of being further victimized by the opponent / offenders and wrong-doers along with the support of the errant judges. The Judiciary is supposed to instill faith and confidence in the mind of litigants that the justice would be administered purely in accordance with law and not in accordance with the mood of judges in every case irrespective of the social status of any of the parties involved in a cause.

Q.1. WHAT IS THE PRACTICALLY POSSIBLE MECHANISM AVAILABLE EVEN FOR A COMMON MAN TO COMPLAIN AGAINST THE JUDICIAL OFFICERS WORKING IN THE SUBORDINATE JUDICIARY IN THE STATE OF TAMILNADU, WITHOUT ANY FEAR OF FACING DIRE CONSEQUENCES BY THE INFLUENCE OF THE ERRANT JUDICIAL OFFICERS?

Reason for Question No.2

The Judiciary initiates contempt proceedings against certain words of people perhaps because of disappointment over the biased attitude of a certain judicial officer or for some other reasons, by considering that such an act amounts to assault on the entire judiciary. Yes. It is true. However, there are some judicial officers whose acts amount to contempt of their own Courts and thereby causing injustice to the common man.

Q.2 WHETHER THE JUDICIARY SHOULD MAKE ITSELF LIABLE VICARIOUSLY IF ITS JUDICIAL OFFICERS ARE FOUND TO HAVE BEEN WORKING FOR EXTRANEOUS CONSIDERATION, MUCH AGAINST THE TRUST REPOSED BY THE LITIGANTS THAT THE JUSTICE WILL BE ADMINISTERED BY THE JUDICIARY IN A FAIR MANNER?

Reason for Question No.3

The litigants are expected to pay considerable amount of money towards Court fee so as to get their disputes adjudicated in accordance with law.

Q.3 WHETHER THE COURT FEE IS SUPPOSED TO BE PAID BY THE LITIGANTS AS SERVICE CHARGE FOR THE SERVICE RENDERED BY THE COURTS OF LAW BY ADJUDICATION OF THEIR CASES OR FOR SOME OTHER PURPOSE?

Reason for Question No.4

Law is certain and the same during and after a Trial, Revision and Appeal, etc. unless amended retrospectively. But the litigant is made to run from pillar to post for securing justice through legal means just by wrong interpretation of law done in carelessly or ignorance of law by the judges, corrupt mind of certain persons working in the court of law, etc.. Doctors themselves are held guilty of medical negligence and liable for deficiency of service under Consumer Protection Act, in spite of unstable condition of human body.

Q.4. WHY DOESN’T THE MINISTRY OF LAW AND JUSTICE MAKE STEPS TO BRING THE JUDICIARY WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT SO AS TO ENABLE THE JUDICIAL OFFICERS TO REALIZE THEIR HOLY TASK OF ADMINISTRATION OF JUSTICE TO BE DISCHARGED BY EXERCISING THEIR POWERS WITH SO MUCH CAUTION BECAUSE OF THEIR CORRESPONDING LIABILITY?

Reason for Question No.5

Gone are the days when people who were really aggrieved by the wrong-doers, errant public servants etc., used to approach Courts of law. However, nowadays, in most of the cases, actual victims are being dragged to the Courts of law by the offenders themselves hoping that the victims cannot have easy access to justice system, more so, the hon’ble apex court is only in New Delhi whereas the innocent victims far away in remote areas in various States in our country, cannot easily go even to the Capital city of their own District or State. There are a number of litigants in the country with so many doubts/ questions about fair administration of justice with their limited resources for handling their litigation in the courts of law. Wrong-doers including some errant Public servants(!) get united and can easily handle their litigation, if required. However, the innocent victims are further victimized because of subsequent addition of errant influential persons to render their support to the offenders and wrong-doers in the course of time in handling their litigation.

Q.5 WHETHER THE MINISTRY OF LAW AND JUSTICE WOULD TAKE SINCERE STEPS TO CALL FOR THE SUGGESTIONS FROM THE PUBLIC INCLUDING COMPLAINTS ON WORKING OF OUR JUSTICE DELIVERY SYSTEM AND FILE A PUBLIC INTEREST LITIGATION BASED ON SUCH SUGGESTIONS, BEFORE THE HON’BLE SUPREME COURT OF INDIA, TO BRING ABOUT JUDICIAL REFORMS IN ITS REAL SENSE?