Litigation Reforms

I n fact, much is talked about the need of judicial reforms in India as more or less, the system, procedure and even the conventions of the British system that existed at the time of getting independence do continue even now. Since judicial reforms encompass many a facet that comprise the entire judicial mechanism, why not at least to go in for litigation reforms that largely focus on how to bring about the pendency of cases down considerably. Are only the Law Officers responsible for the cases remaining not only pending but keeping on piling up or there are other reasons contributing to the situation? That is an important issue which definitely needs deliberations and suggesting of remedial measures. However, at least, if an initiative has been taken in this regard by the UT Government, it deserves to be hailed. Administrative Council headed by the Lieutenant Governor having accorded approval to the introduction of litigation reforms is a step in right direction and if all other measures which for the last three years towards steps suggested to be taken by the Chief Justice towards bringing about reduction of pendency of cases and to fix targets coupled with submission of periodical ”Progress Reports” did not bring about the desired results, the fresh initiative should necessarily do that. The question is as to wherefrom the process could be started to ensure that frivolous, vexatious and avoidable law suits from the Government side stopped flooding the already overburdened courts as Government and its various agencies form major litigants in the courts. On an average, the percentage of pending court cases pertaining to the Government is over 46 per cent. This includes even cases related to Public Sector Undertakings and Autonomous Bodies. Not only this, there are disputes reaching the courts mostly related to service matters. In this connection, ‘Excelsior’ has repeatedly been suggesting to have a proper, transparent and comprehensive Personnel Policy dealing with important issues right from recruitment, period of probation or temporary-hood , pay scales, promotions, transfers, disciplinary actions and reviews etc within the framework of which both the employer (Government) and the employees would protect their respective rights. Not only this, there are disputes between two or more departments. Added to the problem is about Law Officers and counsels from the Government who in most of the cases seek frequent adjournments and rarely are found serious in attending to them so as to have them disposed of in the normal course. That as many as 65885 cases pending in High Courts, 16015 cases pending in Administrative Tribunal and whooping number of nearly 2 lakh cases in Subordinate Courts in Jammu and Kashmir are speaking not well at all about the system. How long can we keep on resorting to pretexts, problems, ”reasons”, and factors responsible for all such alarming number of cases remaining pending for years together?Time has come when greater emphasis needs to be laid also on exploring alternative means to resolve disputes. We have to sort out a mechanism where within a fixed minimum time, filing of objections, filing statements, replies, preferring appeals etc should be made mandatory failing which ex-parte decisions or dismissing the case altogether or devising any other time saving alternative like drastic measures only could bring about some desired results. The Government should augment the number of judicial officers and courts to ease the pressure on existing courts. Accountability and performance reports could only then become really tenable to be employed for better results. We are still bogged with conservative approaches and reluctant to adopt, own, encourage and promote reforms and that would contribute to the situation getting further deteriorated instead of improvement of any sort. However, the slew of reforms announced in details by the UT Government to bring about desired changes in the scenario of litigations looks promising but implementation process should be carried out vigorously in letter and spirit

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