Why plethora of cases pending in courts?
Sometime back, I had the rare opportunity to attend a full day seminar organised by the Legal Reforms Commission at India International Centre New Delhi. The commission was headed by Justice M N Venkatachalaiah (Former Chief justice of India) and the members include Dr Kiran Bedi, Mr. N N Vohra (Former home Secretary and Ex Governor J&K) , Shri Ved Marwah (Former Delhi Police Commissioner and Ex Governor Nagaland etc). Speakers include several legal luminaries, top bureaucrats and social scientists. Speaker after speaker made elaborate presentation giving statistics about the large number of cases pending in various courts of India running into several lacs. Almost everybody was adducing the reason that shortage of judicial officers is the primary reason for such large number of pending cases. Statistic were also produced about the sanctioned strength vis a vis actual strength highlighting the wide gap between both. After the presentation by various panelists, there was question answer session. I stood up and said that with due regards to the galaxy of luminaries, I differ with their views. Though shortage of judicial officers is one of the reason for the plethora of pending cases, the primary reason is our most complicated, cumbersome and voluminous laws. Ambiguity is the hall mark of Indian legal system. Where the law is expected to be elaborate, it is silent and where the issue is immaterial, explanation is elaborate. Our laws are replete with words like notwithstanding, hitherto, however,nevertheless etc.It is a pity that even after 6 decades of independence, we are blindly following the method adopted by Britishers. During the colonial rule, they deliberately made the rule in such a way to facilitate interpretation this way or that way , depending upon the person involved-whether a Britisher or an Indian. There is a popular joke that when somebody was asked 'what is the rule?', he said "tell me the person, i will tell you the rule". I don't think that our so called founding fathers has done a great job. They copied from various constitutions and made one. Sir, I am a
layman not a legal expert, not even a law graduate. Let me quote an example in a layman's language that a house constructed which did not require any alteration, addition, modification etc for a a period of say 25 years, it can be considered as a very good house. Our constitution has been amended 95 times and still there are several lacuna and loopholes. For example it does not define the powers of a care taker
Government. This provision should have been predicted at least 30 years ago. Consequently, many care taker Prime Ministers who did not have popular mandate like I K Gujral, Chandra Sekhar, Charan Singh, Deva Gowda etc overstepped their powers"
Members and panelists looked each other as to who will give reply/clarification. At last Chairman Justice Venkatachalaiah stood up and gave clarification concluding that the laws are framed by the legislature and Judges have no role in formulating it. I was thrilled that a retired Chief
Sometime back, I had the rare opportunity to attend a full day seminar organised by the Legal Reforms Commission at India International Centre New Delhi. The commission was headed by Justice M N Venkatachalaiah (Former Chief justice of India) and the members include Dr Kiran Bedi, Mr. N N Vohra (Former home Secretary and Ex Governor J&K) , Shri Ved Marwah (Former Delhi Police Commissioner and Ex Governor Nagaland etc). Speakers include several legal luminaries, top bureaucrats and social scientists. Speaker after speaker made elaborate presentation giving statistics about the large number of cases pending in various courts of India running into several lacs. Almost everybody was adducing the reason that shortage of judicial officers is the primary reason for such large number of pending cases. Statistic were also produced about the sanctioned strength vis a vis actual strength highlighting the wide gap between both. After the presentation by various panelists, there was question answer session. I stood up and said that with due regards to the galaxy of luminaries, I differ with their views. Though shortage of judicial officers is one of the reason for the plethora of pending cases, the primary reason is our most complicated, cumbersome and voluminous laws. Ambiguity is the hall mark of Indian legal system. Where the law is expected to be elaborate, it is silent and where the issue is immaterial, explanation is elaborate. Our laws are replete with words like notwithstanding, hitherto, however,nevertheless etc.It is a pity that even after 6 decades of independence, we are blindly following the method adopted by Britishers. During the colonial rule, they deliberately made the rule in such a way to facilitate interpretation this way or that way , depending upon the person involved-whether a Britisher or an Indian. There is a popular joke that when somebody was asked 'what is the rule?', he said "tell me the person, i will tell you the rule". I don't think that our so called founding fathers has done a great job. They copied from various constitutions and made one. Sir, I am a
layman not a legal expert, not even a law graduate. Let me quote an example in a layman's language that a house constructed which did not require any alteration, addition, modification etc for a a period of say 25 years, it can be considered as a very good house. Our constitution has been amended 95 times and still there are several lacuna and loopholes. For example it does not define the powers of a care taker
Government. This provision should have been predicted at least 30 years ago. Consequently, many care taker Prime Ministers who did not have popular mandate like I K Gujral, Chandra Sekhar, Charan Singh, Deva Gowda etc overstepped their powers"
Members and panelists looked each other as to who will give reply/clarification. At last Chairman Justice Venkatachalaiah stood up and gave clarification concluding that the laws are framed by the legislature and Judges have no role in formulating it. I was thrilled that a retired Chief
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