Abstract

The paper aims to explore the role of ethics regulations on the backlog of cases in the state of Uttar Pradesh, India. There, there are many local practices which hinder the disposal of cases in the courts. The paper examines several, beginning with the theoretical training in ethics at the law schools and its impact in practice. The paper then explores the legal status of strikes and how they are conceived by lawyers in delaying the disposal of cases. Next it deals with adjournments in the courts and unravels the myriad frivolous reasons cited in seeking adjournments, as well as how, despite statutory limitations, courts succumb to the pressure of the Bar in granting them. The author echoes concern for creating transparency, efficiency and a system that inspires integrity, and argues for the need to rethink and redesign the whole system and create independent tribunals to enquire into lawyers guilty of professional misconduct.

Highlights

  • The state of Uttar Pradesh is the most populous state in India with seventyfive districts under eighteen subdivisions

  • When recently the Bar Council of India (BCI) disaffiliated the Faculty of Law, Delhi University, the Dean of the Faculty took serious issue with the BCI, and referred to the Report as “silly” and to the members as “jokers.”8 The character of the issue can be comprehended by the statement of the Dean when he said: 7 Law Commission of India, Dec. 2002, 184th Report on the Legal Education & Professional Training and Proposals for Amendment to the Advocates Act, 1961 and the University Grants Commission Act, 1956

  • It is disturbing to observe that around 70 percent of the lawyers surveyed had not studied any courses related to professional ethics/formation, especially when this is a mandatory requirement as prescribed by the BCI committee on legal education

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Summary

Introduction

The state of Uttar Pradesh is the most populous state in India with seventyfive districts under eighteen subdivisions. The state has the highest case backlog with around 4.8 million cases pending in different courts This constitutes around 23 percent of the total nationwide pendency – which is estimated at around 20 million cases.. While the national average of case burden is 1,350 cases per judge, in the state of Uttar Pradesh it is double, at around 2,500 cases per judge.2 Out of these 4.8 million cases, around 0.63 million have been pending for more than ten years.. In October 2015, a seven-judge panel of the Allahabad (Uttar Pradesh) High Court directed the state government to increase the total number of judges in the subordinate courts by 25 percent so as to expeditiously dispose of the pending cases..

Researchers and Data Collection
Will not Bow
Practice of Strike and the Backlog of Cases
Frequent Adjournments and the Backlog of Cases
Sanctions or Rather the Lack Thereof
27 Something Rotten in Allahabad High Court
Findings
Concluding Remarks
Full Text
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