JUSTICE SYSTEM IN INDIA

(Added on 13/03/2011 pcg)

Delhi High Court decided use of foul words againt your seniors is not indiscipline worth removal from service even in armed services. I think use of foul language against the judges in a court is still a cause for contempt of court.

How does the judges think that discipline can be maintained in the organised sector? I think the department must go for appeal in the Supreme Court. I am sure the court shall honor the decision taken by the department if due procedure was followed for removal.

(Added on 01/11/2007 pcg)

What is the biggest problem of India?

It is not the politicians or bureacrats or the caste system or the relegious fanatacism or the corrution but the justice system of India. If the Justice System is effective, rougue politicians, bureaucrats, relegious fanatics and corrupt, all can be corrected.

What kind of justice is that if one has to wait for it for as many as 15 long years. More over under the disguise of the system that 99 guilty may be released but one innocent should not be punished, most of the guilty are set scot free. Is it realy so difficult to decide whether a person has committed the wrong or not? In the whole system it is the lawyers manipulations which delay the decesions and create confusions for the judges to decide. They are forced to acquit the accused while they very well know from the proceedings of the case that the person is guilty.

In the whole system of justice the role of the lawyer/advocate remains dubious. It is very commonly beleived that he is not for justice, he is only for saving his client any how if he is the defence and getting convicted the other party if he is the lawyer for the plaintiff. He may go to any extent even fabrication of evidence to achieve this .

Why is a lawyer needed?

1. People in general do not know the constitution. Lawyer is required to determine the section of the constitution against which some body has committed the crime for purposes of filing the case.
2. People may not be competent to put up their position clearly.

Does general people know the consitution?

No. But they are supposed to act as per constitution always and ignorance of law is no excuse.

How can they do it?

Because they know what is wrong and what is right even if they do not know the consitution.

Then why a person is required to know the constitution before filing a case? Why the judge cant here the case and decide whether somebody had infringed certain sections of the constitution and announce punishment accordingly?

We should get rid of the lawyer based justice system.

At least there should be a parallal justice system wherein if a person files a case no lawyers from either side shall be allowed. In fact they may not discuss the sections at all. Only the case as to what happened where happened when happened and who did what, who said what who saw what and who heard what and the sequence of the the whole episode needs to to be gone into. It is not only what is said is important, it is also important how it is said, tone and body movements say a lot and then the judge or judges may decide as who did what wrong and announce punishment commensurate with the offences committed. The whole case on an average shall not take more than a month to decide.

Judges may not be fixed. Prominent members of the society may be called to decide the cases at random. They may be on panel. Panel may be as big as Lacs of persons. Retired judges , bureaucrats infact any body other than public persons such as politicians and municipal councillors etc. may be a member. Only those persons who need votes or who seek votes for their positions should not be a part of it. And of cource we may avoid inclusion of uneducated persons also. Minimum qualification may be graduation.

Justice system should be like that of the legendry kings, any body may ring the bell. The king will not allow the lawyers, he only consults his ministers to arrive at a decesion if necessary and there is no dalay in awarding justice.