THE REALITY OF JUSTICE DELIVERY SYSTEM AND PUBLIC INTEREST IN INDIA
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Abstract
In India, we have a legal framework that, if judged by the principles of justice and equality, measures up very well. Indeed, its advocacy and leadership position in resolving social problems has earned worldwide recognition, as have its activities such as Public Interest Litigation. Where it falls short, is speed and performance.
However, so far as financial independence or support is concerned, our present system is suffering from serious difficulties. It is these difficulties that are the cause for the clogging of cases in the subordinate courts and in several High Courts. It is true that by means of Alternative Dispute Resolution systems such as Lok Adalats several lakhs of cases have been disposed of in the last more than a decade, but that, in the overall perspective, has not reduced the general congestion in the subordinate courts and the High Courts. Basically, lack of long-range planning and lack of finances have been the main causes for the storage of courts and judicial officers in all parts of the country.iUnless urgent and remedial steps are taken, based on field studies and empirical evidence, our justice delivery system will continue to stumble along with no hope of speedy justice. We already have highly developed tools built with patient technological expertise under the guidance of the e-committee of the Supreme Court. What we lack is the will to make an effort to find a long-term solution, instead of searching for quickfix remedies that are partially effective and transitory.ii
We have to design a justice system which serves our society.
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