The root cause of the delay in judicial system is the judges who
only give another date, instead of deciding the case before them.
Adjournment of cases without sufficinent cause,should be treated
as "non-performance" of duties, for which judges should be
answerable and accountable to all concerned. Currently, there is no
stigma attached to non-performance of judicial duties by the judges.
According to Articles 227 and 235 of the Constitution of India, High
Courts have control over District Court and Subordinate Courts.There
is a strong case for extending this to identify, admonish and take
administrative measures against "non-performing" judges of
subordinate courts, who prefer to adjourn cases instead of deciding
them.
High Courts have excessive burden on account of cases pending before
them and have no time for excercising effective control. They are
also guilty of "adjourning instead of deciding cases"; therefore
such non-performance by subordinate courts is treated vey lightly.
High Courts should strengthen administrative support to carry out
their duties under Article 227/235 in a thorough manner, to find
solution to the rot in subordinate courts.
If RTI is used to demand public records about superintendance of
High Court over subordinate courts, one can gather "documentary
evidence" regarding non-performance of constitutional duties by the
High Court. It is in public interest to find effective solution to
excessive judicial delays.
Lawyers can not be expected to solve this problem: they thrive on it
and it is a matter of their rozi-roti. Lawyers may prefer to oppose
any change in legal process that may have adverse effect on their
income.
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