By TIOL News Service
NEW DELHI, APRIL 09, 2018: ADDRESSING a gathering here, noted jurist Mr Fali Nariman said that the hierarchical structure of court endorsed by the Constitution of India allows for a three tier system and layers of appeals in the Judiciary system. Although India needs more number of courts and judges, single appeal should become the Norm for the country, he added.
He was speaking at a session on “Better Justice System: What Needs to be Done?” at CII’s Annual Session 2018 held at New Delhi yesterday.
Mr Nariman said, while Hungary has 85 Judges, India is only at 31. Emphasizing on Robust Judging system, he suggested to increase the number of Judges, considering 2 Crore Criminal cases and 1 Crore Civil cases pending in the Courts of Law, but restricting the number of appeals. We need to improve ourselves as Democracy is more about “Mobocracy now” he said. Further, he recommended a School for Judges to instil a degree of responsibility. This is much more required than the qualification, he added.
Talking about the complete Eco system with many constituents Mr Ajay Bahl, Co-founder and managing Partner, AZB & Partners, highlighted the role of the Government, Judiciary and our own self introspection to make the system better. “Litigation costs are most expensive” said Mr Bahl, adding that the whole investigative mechanism needs discipline.
On the country’s track records of litigation, human civility, Mr Bahl added, investigation has become a tool for punishment only, there is no tool or intelligence given to people.
There is a need for a Settlement Commission for setting up a Process of settlement. Adding few more solutions Mr Bahl highlighted on Mediation, Supremacy of Arbitration, and Support for Judges.