New Model Judicial System for India

The Real Scenario:

There are about 10,000 courts in India .Out of these,

1 Supreme Court,
21 High Courts,
3150 District Courts,
4861 Munsif and 1st class Magistrate courts and
1964 2nd class Magistrate courts are there. Besides, there are many tribunals.

There are 4.04 crores cases pending in different district courts across the country.
While there is a backlog of 34 lacks cases in State High Courts.
1,66,77,657 criminal cases are pending before Magisterial courts and
72,37,495 civil cases are pending in various subordinate courts.

As many as 70 percent of these cases are -litigations from villagers. Again some of these cases are as long as 25 to 30 Years old. The longer a case runs, the more expensive it becomes to pursue. Within the High Courts, maximum number of cases are pending in Calcutta, Allahabad, Chennai, Mumbai and in Kerala High court. Out of the pending cases in these High Courts,
88 percent are civil cases and only 12 percent are criminal cases. Maximum numbers of pending cases in lower judiciary are in U.P., Gujarat, Maharashtra, M.P., W.B. and in Karnataka.

Primary causes behind Law’s Delays:

The hopelessly inadequate number of judges and also courts in the country is undoubtedly one of the major reasons for Such delay. Successive Governments have not only failed to increase the numerical strength of judges and courts but have Also been slack in filling up of vacancies. In Mumbai, for example, 50 metropolitan magistrate courts serve a population of more than 12 million of people. At present the country’s 21 High Courts have a combined strength of 725 judges; but there are 128 vacancies left to fill up. The High courts are handling an overwhelming 34,00,000 cases and the shortage of judges is only delaying the legal process. It is not out of place here to mention that there are only 10 – 12 judges per 10 lacks of people in India while in U.S.A., it is 60 – 70 judges per 10 lacks of people, 40 – 50 judges in U.K., even in Pakistan the rate is much higher than that of India.

Model New Judicial System.

There should be 4 more Regional Supreme Courts
Redraft of all age old British made laws to current situations.
Uniform civil code
For all Proceeding and dealing should be in ENGLISH.
No Holidays for Courts.
Judges should be appointed basis of Exams,Qualifications,Experience,and merits not based on number of year’s service or Political Affiliations.
All District courts should be connected on Computer network nationwide.
There should be unique numbers to every case file Eg: State/Dist/CaseType/CaseNo/Year [MH/01/MFA/1234/2009]
No Family case should not be Criminal case
No Lawyers for Family cases.
Murder should pay BLOOD MONEY to victim family, as long as he is alive.(*1)
Rapist penies should be chopped half, and he should pay Damage money, half of his earning his whole life.(*2)
There should not be partiality based on gender, colour or caste
There should be default fix Punishments for some crimes.
Police and Judges should be held accountable for false implications.
False cases / complaints should be dealt with double the punishment of their accusations,huge damage from Police/State.

(*1,*2 – Kidneys should be legally removed and sell, and that money should pay to victims.)
 

Legal Proceedings

FAMILY MATTERS:

There should be Fix Format for every Appeal.
Government should appoint Typists to draft appeal,
All appeal in soft copy along with one hard copy to petitioner.
Once Drafted it should submitted to validation
Validator should collect all supporting documents and Proofs (#1)
If Appeal found to be genuine, then Validator should forward it to Scrutiny#2)
If all documents found to not fake, in some cases forwarded to Police enquiry #3)
If case is Real one then, appeal should be Registered with Registrar.(#4)
Registrar should send notice to Other Party.(#5)
If for 3 notice other party is not responding then case declared in favor of Petitioner.
Other Party is contest, then he/she should provide all Supporting his documents to Validator
(#1),(#2),(#3),(#4),(#5)
Result of Proofs / documents should be forwarded to Junior Officer (JO)
JO should give fix time / date meet both parties, if there is any amicable settlement.
This will reduce, millions of man hours waiting for dates and judge to call name.
If amicable solution not found, should be forwarded to Senior Officer for default solution / Judgment if any.
If not, case should be handed over to Judge, and case briefs to 6 sitting Juries.
Juries are senior citizens, or Social workers.
Family matters juries should not be Divorced or Separated.
Judge should consult Majority Juries decision and draft final Verdict/Judgment

CRIMINAL:

When criminal case filed, Party should submit Police Report.
When Police Produce Criminal case, they have to submit their finding / reports
Registrar should collect statement of Accused.
Registrar should check validity and truth of Accused statement if any proofs / documents find.
With these proofs, if Registrar finds Police filed false case then Police should be charged and victim should be compensated.
Registrar should send notice to Other Party of Accused if any.
Registrar should send notice to accused family too.
Result of Proofs / documents should be forwarded to Junior Officer (JO)
JO should give fix time / date meet both parties, if there is any amicable settlement.
If amicable solution not found, should be forwarded to Senior Officer for default solution / Judgment if any.
If not, case should be handed over to Judge, and case briefs to 6 sitting Juries.
Juries are senior citizens, or Social workers.
Family matters juries should not be Divorced or Separated.
Judge should consult Majority Juries decision and draft final Verdict/Judgment

2 thoughts on “New Model Judicial System for India

  1. The Indian legal system suffers from system syndrome; thus require radical reform in the system. The quantum of punishment should be enhanced. For example a rapist, on being convicted, should forfeit his entire property, disqualified for inheritance; besides prison sentence of minimum 50 years. The forfeited property should go to victim and right of inheritance should be conferred on the victim. If rapist is married and had family, proper share should be reserved for them. The murderer, if preplanned for material gain/unjust enrichment, should be disqualified for property and inheritance. The trial should be on a day to day basis. Another important issues that dogs the Indian judicial system is willful false statements and evidence. Once a witness turns out to be false, he should be convicted for a minimum of 5 to 10 years depending on the offence in which such false deposition is made. INDIAN JUDICIAL COURTS ARE VERY LENIENT TO FALSE DEPOSITIONS.

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