Monday, April 12, 2010

Some Suggestions to improve quality of legal Justice administration in India

1. Complete computerisation of courts and interconnection of court network giving real time court room picture to lawyers, litigants and public.
2. Enabling e filing
3. Promoting arbitration and mediation as not just alternative methods but mandatory preliminary steps before litigation.
4. Where ever possible chief examination to be made by affidavits
5. Recording of trials-
a. help review, revision and appeal judges to better appreciate oral evidence,
b.help to preserve the "lost evidence"
c.promote quality of trials
d.provides additional resource for legal education
6.Digitisation of entire court records-
a.help transfer of trial record seamless, and gives an efficient back up mechanism.
b. helps better space management of courts
7. E filing to be made mandatory-
a.promotes access to justice to lay litigants from far off places
b.helps simplify litigation process
c.reduce paper load and storage space required in courts
8. Make court room furniture litigant friendly
a. more room for litigants and public
b. separate seats for witnesses who are public spirited citizens, and deserve better treatment in courts.
c. witness boxes to be removed and instead witness seats to be given,from where witnesses can give evidence in a friendly atmosphere.
8. Law colleges to be made permanent seats of arbitration and mediation-
a. helps sharpen the mediation and arbitration skills in lawyers at early stages
b. instills firm belief in utility of arbitration methods in young lawyers
c.makes real term clinical legal education a reality
d. clinical methodology can be imparted without much efforts.
9.Expertise of law teachers to be utilised for improving efficiency in administration of justice-especially since Indian constitution provides that jurists of eminence can be appointed as Supreme Court judges and jurists interalia includes law teachers and the qualification of law teachers interalia includes those required for a judge.
10. Legal education systems to be strengthened to create an ethical bar and a sensitive and academic bench. Value education to be made compulsory topic of legal education in the opening semesters.

S. 164 Cr.P.C. and Some Challenges

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