Panic Slow Judicial System and Judicial Reforms in India

Abstract

Speedy trial is part of life and personal liberty guaranteed under Article 21 of the Constitution of India. Any delay in expeditious disposal of a criminal trial hampers right to life and personal liberty. The resurgence of IT has left little or no impact on Judiciary which is reeling under deficiency of technological and human resources. The debate on judicial arrears has thrown up number of ideas however the judiciary has failed to set its own house in order.It was envisaged by 230th law commission report that law should respond to the demands of the society is apposite. The major recommendation of the same report has been discussed at length. At the end, the paper suggests following recommendations in view of challenges faced by Judiciary today. (a) Matters pending more than five years to be segregated with the help of technology and forwarded to contractual courts presided by senior lawyers for quick disposal within fixed period of time period and trials to be recorded by audio-visual techniques. (b) Implementation of Order V Rule IX(III) in true spirit which provides that service of summons may be made by delivering or transmitting a copy thereof by any other means of transmission of documents (including fax message or electronic mail service). (c) Exchange of documents and evidence by video conferencing to be implemented and promoted to make the best use of technology available for judicial purposes. (d) Video recording of Trials to be made mandatory and footage to be observed during appeals. (e) No adjournment more than three times during hearing of the suit to be entertained except for genuine emergencies. (f) videotaped confession by accused before police/prosecutor to be made admissible by bringing an amendment with adequate safeguards avoiding miscarriage of justice.