bench at lower judiciary
A Truthseeker
(Querist) 26 August 2009
This query is : Resolved
when a civil judge (junior division) or magistrate disposes a case the decision may be free from errors and uninfluenced if a bench with more than one judge is formed.
Kiran Kumar
(Expert) 26 August 2009
fewer times even i think that there should be divison bench kind of structure in lower judiciary as well.
but the problem is what will happen in case of both the judges come up with separate opinion.
so my suggestion is let there be more recruitments, the courts must be lesser burdened.
but in sensitive matters jury system may be adopted provided it remains uninfulence from religion and politics.
also when we have a long hirarchy of judicial system then single judge system is good enough to deal with....but courts must be lesser burdened.
Bhumik Dave
(Expert) 26 August 2009
Agreed with kiranji
charudureja
(Expert) 27 August 2009
I also agree with Mr Kiran, the lower courts are already burden and if we make a bench there too, the cases may take long to solve because of no unanimous decision between the two judges. i personally feel there should be one judge to decide and for decsion by bench we have higher judiciary.
Y V Vishweshwar Rao
(Expert) 27 August 2009
I agree with learned friends !
In the Present System of the Judiciary the Bench at Lower Judiciary appears to be not correct & not possible !
A Truthseeker
(Querist) 27 August 2009
Mr. Kiran probably my point is taken amiss. a judge at the lowest rung of the judiciary acts in the same fashion as one in the higher echelons. if in higher courts much more experienced judges acting in division bench and like can act in unison why the very young and inexperienced ones aciting together with scope of mutual share of knowledge can not act?a bench of three can easily avoid any impasse.
Kiran Kumar
(Expert) 27 August 2009
tapan i agree with you, but the lower judiciary is more of a fact finding exercise and the higher judiciary is to deal with the question of law primarily.
its true the inexperienced young stuff often delivers confused judgments.
unfortunately, in India the Judiciary gets lesser funds than it is supposed to.
even consumer forums have two additional members.
the 3 judges bench can be helpful in reducing corruption as well and the language being used in writing judgment will also improve....but one thing is there the cost of litigation will increase.
otherwise if the burden upon the courts is reduced,certain procedural simplifications are introduced, optimum use of technology is made and the standard of legal profession is also improved then i think even a single judge system can do good....after all lawyers are officers of the court and they are to provide best assistance to the court.
i read a bit of Mahataman Gandhi, being a lawyer he would not plead any false case in the court and in case during proceedings he found some fact against him, he was candid enough to admit the same.
even i high courts the divison bench system is mainly confined to LPAs, certain kinds of writs and in criminal matters where the punishment is more than 10 years.
even if 3 judges system has to be introduced then the major question will be finance.
Y V Vishweshwar Rao
(Expert) 27 August 2009
The reasons are well explained by Mr Kiran ,I agree with Mr Kiran !
A. A. JOSE
(Expert) 29 August 2009
While I fully appreciate the views expressed by Mr.Kiran Kumar, I am inclined to say that Tapan has made a valid point. Constraints of finance, manpower,and infrastructure are matters to be resolved and the judiciary has to be made vibrant and free from corruption and other malpractices if it has to march in tune with the expectation of the 21st century litigants. Looking from that angle, I can see a point in the suggestion made by Tapan who perhaps wanted a model judiciary in the future having benches of 2/3 judges. However, it is also a fact that even in most of the High Courts or the Supreme Court where Bench system is working, the decision/verdict of one of the Judges, who is senior,only prevails and it has been often observed that the other Judge is merely a moot spectator. Thus, the whole rationale of Bench system is lost and it would ultimately be wastage of manpower. This aspect also needs to be kept in mind and any reform in this regard will have to pave way for
contribution of both the Judges of the Bench.
