Judicial Cardiogram

It cannot be gainsaid that there is an actute need to reinforce our judicial system and its mechanism by urgent and effective reforms. The institution, organization, enterprise and administration ought to move and rest itself with the felt need of time for its very existence and survival, as nothing static could progress or succeed. It is therefore, absolutely, necessary to reshape and reconsider the whole set up and its implementation in the interest of keeping pace with the time and especially in context of the pitiable plight and sorry status of the Consumer of Justice, a litigant. On 50th year of Independence celebration, it assumes wider and deeper significance.  Ours is the system which has various constituents and each one of them has its own role to play for the growth, progress and success of the judicial system. To have a close and correct look of the judicial panorama, status of the litigant ought to be seen and considered which in turn, obviously, shall help in searching efficient and effective ways and means for better restructuring and reshaping the system.  Broadly speaking, the constituents of the judicial mechanism can be explained better in terms of its Anatomical Atlas. In this context, it is, therefore, said that the Head of this anatomy is a Judge. Heart of the anatomy is the litigant, the hands of the body are the Lawyers. Investigating and prosecuting agencies and staff are the legs of this body. No doubt, in that, there should not be any attempt to underestimate or overestimate one or the other.  However, one thing is quite certain. The whole judicial anatomy can, mainly, and successfully function because of the existence of the important constituent, the Heart — Consumer of Justice. Unfortunately, the very vital and important constituent, Heart, has a very weak position and poor status in the body, in our existing system. We cannot consider and imagine the constitution of the body which has a very meek and weak heart? The most neglected constituent of the body, is the Heart — the litigant. Ordinarily, a consumer of any product or for that purpose, any service is highly regarded and respected by one and all concerned; whereas, in judicial system, the proposition and position of Consumer of Justice, a litigant, is other way round.  The Plight of the Litigant and the Problems of the Court We, really, forget that the very existence, very foundation of our institution is due to the existence of the litigant who now feels to be a neglected segment and organ of the system. Really speaking, the litigant has a very strong role to play, but appears to be the weakest part of the anatomy. Judicial cardiogram depicts and exhibits not only thrombosis, not only clotting, not only cardiomyopathy but almost all symptoms leading to cardiac arrest in the Judicial Anatomy.  Ours is a socialist, secular, democratic, republic and welfare State and has a unique Constitution inter alia providing Social, Economic and Political equality. However, one cannot be oblivious that this is a country where majority of the people are illeterate unsophisticated, rustic and rural. Even literate section of the society at times is also not fully aware of its rights. Thus, many times, literate peple are also seen ignorant about existence of their legal rights and remedies. Again, in case of a very few literate people, who know about their rights, find it verry difficult to get these rights translated into reality. He has to pass through long procedural and legal conduit pipes. How many of them even after undergoing such exercise could see successfully the light at the end of the tunnel  Paradoxically, the litigant has to wait in a long queue for a long time for his turn. He has to expend not only lot of money but valuable time, as well. In order to search right remedies, we must think of maladies. Could there be a proper prescription without there being any proper diagnosis? The cosumer of justice wants expeditious and inexpensive justice. In absence of it, somebody has observed, “.... instead of taking remedy or recourse to law, at times, he would be tempted to take law in his own hand”. One cannot remain indifferent to this sort of feeling while examining the ways and means for reshaping and re-enforcing our system, howsoever, one may have a different view.  One can therefore, hardly remain blind and indifferent to this grim reality of the situation. We are passing through really very critical time. We have docket explosion. If no appropriate, no ideal ways and remedies are urgently traced out and also successfully implemented expeditiously, a feeling or apprehension that this August Institution, only redeeming ray of hope, may collapse of its own weight, cannot easily be ruled out.  Sky rocketing and mounting arrears issue is one of the areas where very effective and strong urgent actions are warranted. Imagine a situation of over-fed person who goes, on and on, eating without getting eaten food digested. What will be the situation? In our system, arrears are ever expanding and increasing, undoubtedly have reached at an alarming stage. Various actions, effective measures and concerted efforts on the part of one and all concerned are required keeping in focus, the weak hearted body, like that, position of a Consumer of Justice for early clearance and disposals without sacrificing the quality so that fresh food can be digested for better health of the institution and judicial system.  Highest law of the land is the Costitution of India in which role of each of three chief organs of the State is defined and ear-marked. Any one overstepping or making inroads into the ambit or jurisdiction of the others will be not only contributing emergence of more and more legal battle but it will be unreasonable, unjust and unconstitutional. In this defined sphere and field, each organ is obliged to perform its duties and functions. Role of judiciary is very important. In fact, it is much more significant for the reason that it is guardian and custodian of the ‘RULE OF LAW’. We are wedded to the system of democracy and we have recognised and accepted concept of welfare State. It is in this context that rule of law and judiciary assumes wider significance and broader dimension. For effective democratic set up and for efficient welfare State, rule of law is very essential and it cannot be treated as a relic of the past as it should always be living force of the day. In fact, it is the basis of the Constitution. Concept of rule of law can be, successfully, implemented in equal and balanced society; whereas what does present judicial cardiogram indicate? Does the litigant receive quick, inexpensive, equal and balanced treatment in the present state of affairs?  Electro-cardiogram shows the health position of heart or situation of the mechanism of heart. Judicial cardiogram undoubtedly shows that heart of the system, a litigant, is not only meek and weak but has, unhealthy, symptoms out of indignant and agitated mind and mood when he thinks of the present system. It shows that heart is in trouble. It shows that there is almost an attack of heart. Before it becomes massive cardiac arrest, we must rise to the occasion and make all possible efforts to restore it.  The Court and the Rule of Law One of the attributes is the quality in law and in practice. As per the constitutional mandates, all citizens are equal in law and law equally protects all persons. Rule of law cannot survive in unequal society. Equality without opportunity in treatment, status, education, employment of Government is nothing but an empty slogan. It is spelt out in greater details in Chapters III and IV of the Constitution dealing with fundamental rights of citizens and directive and special provisions of State policy. To what extent such rule of law claimed in terms of equality has been achieved in such codifying is nothing but an issue with divergent views and varying opinions.  However, role of judiciary and its constitution, maintenance and sustenance of rule of law has been significant and substantial so far. For variety of reasons, function of judiciary is widening and expanding. It is in this context that need to reshape and reinforce our judicial system assumes higher, wider and broader dimension. For respect and upkeep of rule of law, judiciary has to play important, effective and efficient role which can be possible only when our system is reshaped and overhauled so as to keep pace with modern times.  The problem of arrears is truly complex. It is enormous in nature. The contributory factors and sources are many. The judicial branch of the State has borne much of the brunt of criticism, though the other organs of the body and also State can hardly be absolved of the blame. Various committees right from Rankin Committee in 1924, to Malimath Committee in various special reports have suggested ways and means to revitalise the judicial system and control unhealthy, unyielding, unwarranted symptoms seen in the judicial cardiogram so as to rejuvenate and to revitalise the judicial mechanism.  Shall we not introspect sincerely as to why faith in judicial system has started shaking? Why confidence of litigant who is the heart of the system is in trouble? Why does this judicial cardiogram show, unhealthy signs, and symptoms? In our system, it is heartening to note that Bar is integral part of system and it appears to be organised force which is to be reckoned with. Legal fraternity has played very significant and strong role and still can play stronger role in reshaping and re-enforcing institutional confidence. Legal profession which is a noble profession has an important role as it is an important force which should render better help strengthening and re-enforcing the judicial system.  Needless to mention that role of legal fraternity and its contribution in pre-Independence and post-Independence era is very important and significant. Role of a lawyer in any system and in any part of the world is always important. It is, therefore, rightly said “The voice of Bar is heard on Capital Hills”. As you know, Capital Hills is the Headquarter of powers of U.S.A. in Washington. Role of a Judge in reshaping the system is equally important. No doubt, institution of the Judge is not as strong as the organization of Bar. The litigant, a Consumer of Justice (Heart of the System) is not only in an unorganized state but at times, he is in a pitiable position. It cannot be gainsaid that there are cases and cases wherein even successful litigants after long drawn expensive legal battle remain, unsuccessful, in reaping and enjoying the real and rightful fruits of success.  Apart from other unhealthy trends and symptoms pursuant to judicial cardiogram panorama, the litigant has started feeling that instead of Judge conducting a trial, justice itself is on the trial today. This feeling, really, cannot be said to be totally misconceived. There are many contributory factors in the emergence of such feeling in the mind of the litigant. The voice of the litigant who is the heart of the system is soft and weak. It is drowned away in the roar of fear. It is ignored by voice of desire. It is contradicted by the voice of some strong. It is hissed away by hate and finally extinguished by fire of anger.  In the end, one cannot resist the temptation of saying that judicial cardiogram shows that instant or expeditious and inexpensive justice, as expected by the litigant has almost become virtually impossible. Therefore, undesirable, unexpected and unhealthy signs and symptoms seen from the judicial cardiogram warrant prompt, cheap and less litigious remedies for chronic melodies. Without drastic and radical reorientation and without urgent systematic reshaping and restructuring and concerted efforts of all constituents of the judicial anatomy in the judicial set up and mechanism, confidence and faith of the litigant in the system shall, never, be fully restored.  Though various suggestions and ways and means are pointed out in number of reports, some of the significant suggestions in, my opinion, can be highlighted hereunder :  strong and sound full time legal education; dynamic and dedicated and totally independent Bar and organised litigants; training centres for law drafting and for Judges; legal care centres for litigants; refresher courses for members of legal fraternity and judiciary; research and development centres at least 2 to 3 in each State and one or more at the national level; subject of law for elementary principles should be made compulsory at the University level; compulsory arbitration in money suits up to claim (not less than) of Rs. 1,00,000/-; various alternative dispute remedies as in United States of America and Europe two of which I have personally witnessed abroad and they are very useful; pre-trial, in-trial and post-trial conciliation effective set up; systematic, scientific and trained investigating personnel; training for courts management including staff; separate department of judicial administration headed by Hon’ble Chief Justice of India at the national level with two puisne Judges of the Supreme Court, 2 senior Chief Justices of the State High Court, Chairman of the Law Commission, Chairman of the Bar Council, Secretary of Law and Justice Department and Director General of Department of Judicial Administration. This department should be divided into three sections. l for policy and administration.  l for monitoring and controlling arrears.  l for research, reforms and training.  Similarly, at the State level, there should be a State unit of the Department of Judicial Administration consisting of Chief Justice as its Chariman, two senior puisne Judges of the High Court, Advocate General of the State, Chief Secretary, Chairman of the Bar Council and Law Secretary who shall be in charge of effective implementation of National Judicial Planning Programmes and State Level policies. Similarly, at District level unit, Consultative Committee consisting of District Judge as its Chairman, Joint District Judge, Collector, D.S.P., Chief Judicial Magistrate, District Development Officer and the Executive Engineer who shall be in care and charge of planing of Courts’ administrative and intra-departmental problem. Conclusion It is high and right time, more so when we celebrate 50th year of Independence, to seriously consider prevalent judicial cardiogram panorama and to search effective corrective ways and means for efficient restructuring and reshaping schemes so that ‘A LITIGANT’, CONSUMER OF JUSTICE, heart of our system, could receive equal, effective trial and speedy and inexpensive justice which is a cry of our Constitution. LET IT NOT REMAIN IN WILDERNESS. It is, therefore, I am attracted to state that making a HEART (LITIGANT) strong by an effective and efficient judicial mechanism for expeditious and inexpensive justice, shall be really a great tribute in, Golden Jubilee Year of an Independence of India.

Author Name: Hon’ble Justice Jitendra N Bhat