Judicial Reforms In India

A plan for wide-ranging judicial reform in India is articulated in these essays that call for better treatment of the poor, comprehensive rather than piecemeal planning, and a solution to the problem of delays and case backlogs. Topics include judicial governance, the law and economic growth, alternate dispute resolution, human resource development, the crucial role of IT, the future of legal education, and civil society initiatives for legal reform.

Contains 25 Papers And Two Documents Which Book At Various Aspects Of Indian Judicial System At All Levels-Judicial Activism-Appointment Of Judges-Independence Of Judiciary-Rule Of Law Etc.

Contributed papers presented at a conference organized by the centre during April 13-14, 2002.

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Is This Sudden Overnight Metamorphosis; From, Yesterdays Man With All His Ambitions, Personal Bias And With Personal Greed And Aggrandizement...To A Today S Man Dis¬Passionate, Honest, Selfless, Unbiased, Unruffled By Past Fads And Past Likes And Dislikes...And Has Now Imbibed Overnight All The Attributes That We Ascribe To A High Court Judge; A True Miracle? Is It On The Other Hand, A Mirage, A Sham And Deceptive Facade...To Bewilder The Society At Large And Baffle It To Its Acceptance.Why Should The Judges Feel Shy Of Leaving Record Of What They Do In The Court? One Cannot Contradict The View That Such Attitude Of The Judges Is To Hide Their Incapacity...And Their Vested Way Of Dealing With A Matter.It Is Therefore Imperative...We Must Have A Very Powerful And Highly Organised Body Of Ombudsman... It Must Not Be Misconstrued To Mean That Ombudsman Should Be An Appellate Court.No Amount Of Effort, Analysis And Incisiveness Would Be Exaggerated...In No Case Should Be Allowed To Fall Short Of The Absolute. One May Not Necessarily Agree With Each And Every Observation Made, Conclusions Drawn Or Remedy Suggested By The Author In This Book On Its Very First Reading. But, It Can Hardly Be Disputed That All These Observations, Conclusions And Remedies Are Thought Pro¬Voking Which Indubitably Merit Thorough Deliberation At Different Levels Before They Are Accepted Or Rejected. Justice I.K. KotwalFormer Judge Of The High Court Of Jammu And Kashmir

In "Reconstructing Justice: Dharmashastras and Legal Reform" the author, embarks on a transformative journey to rediscover the authentic roots of India's legal system. With a fervent commitment to dismantling the distorted narratives imposed by colonial rule, Abhinav offers a compelling exploration of India's rich cultural and philosophical heritage. In this illuminating book, Abhinav passionately argues for the restoration of India's original legal paradigm, untainted by foreign influences. Drawing from historical sources and ancient texts, he meticulously deconstructs the false reality propagated by colonial powers and unveils the timeless wisdom embedded within India's indigenous legal traditions.

Judicial institutions evolved in India in the context of India’s social, economic and political conditions and because of the reception of legal concepts and institutions known to English and Scottish judges, lawyers and administrators. Modern Indian judiciary bears the hallmarks of its genesis and evolution during the British rule but it has progressively gone for beyond the colonial confines after the republican Constitution came into force. The theme of fundamental Rights and the role of the Supreme Court and the High Courts as vigilant custodians of fundamental rights are at the heart of India’s constitutional democracy. We owe a deep debt of gratitude to our apex judicature, the higher judiciary and the country’s bar in the evolution of the common law of the Constitution. It constitutes by common consent a remarkable chapter in our national life. H v H The Constitution of India is not the last word in human wisdom, but it was certainly a glorious achievement of national consensus and national commitment. The higher Indian judiciary can be said to have broadly fulfilled its constitutional ethos. There have been aberrations, notably during the Emergency and in some cases, of overstating and unduly enlarging the scope of judicial power. More seriously, there are grave and growing problems of inefficient case management, arrears, delays, corruption and incompetence. Those issues have to be addressed urgently, effectively and comprehensively if the Indian judiciary is to emerge as a fit instrument for Rule of Law for the teeming millions in the largest democracy in the world and if the Indian judiciary is to flourish in the twenty-first century holding its head high as an institution of freedom, liberty and balance, with a commitment to the constitutional goals and aspirations of We the People of India.