Dharma in 2020 : uniform civil code, CPC, CrPC,

( In picture, you see progress in digitisation of court hearings and filings - an urgent need in covid times. )

A civil suit related to property matters can take anywhere between 46 years to 100 years from subordinate courts to Supreme Courts. 

The fault lies in lofty procedures of civil and criminal procedure codes. 

- archaic forms of serving summons, sign of judge mandatory on summons

- adjournments on notice, summons, etc.

- sign of judge mandatory in supplying copy of documents, orders etc for copying section.

- execution etc.

Suggestions :-

A) Copying section - officer / clerk of copying section should be the competent authority to supply certified copies and the same should he done mandatorily within 2 working days. 

B) Procedure of serving summons/ notice - should be simultaneous instead of consecutive.

Electronic summons - email whatsapp courier proclamation publication should be allowed to be done on first hearing itself. There should not be adjournments and separate orders specifying mode of service of summons. This is digital age. 

Service if effected even by one mode should be deemed complete. 

C) Adjournments given to file reply to a fresh application should be only for 1 to 2 working days as opposed to 30 days. If the counsel chooses to make oral submissions then no adjournment should be granted for consideration or for orders. The order should be passed there and then before both parties. The reasoned order has to be uploaded on court website within 1 to 2 working days. 

D)  Every case has to be tried within 30 working days at court of first instance. 

E) Every appeal/ review/ revision  has to be decided within 30 working days before every appellate court. 

F) FROM court of first instance to Supreme court the journey of the file for final adjudication should not exceed 365 days. 

G) Section 80 CPC  should either be scrapped or be limited to 15 days notice period.

H) All Tribunals should be either scrapped or replaced with Special Courts or all tribunals should be taken over by High Courts/ Supreme Courts.

I) all judicial appointments/ vacancies must be made at earliest and budget sanctioned for the same.

J) Transparent non partisan system of judicial appointments based purely on merits - seniority must be established.

K) Budget for judicial establishments digitisation, computerisation, recruitment of staff should be doubled by respective govts. 

L) Inter state judicial services should be established to check corruption.

M) Order XX CPC should be scrapped. Entire CPC, CRPC, EVIDENCE, IPC needs to be revamped. 

N) State agencies must respond to statutory, non statutory complaints within 7 working days. Tribunals must decide cases within 30 working days. 

An urgent need of regurgitation, revamping of Procedural laws is required to re-establish Dharma in our country.

If we are able to achieve this then India stands a chance of being the just, economically viable, corruption free, happy country to live in. 

The fault also lies with the judicial inertia of settled practice like - 

- recording of evidence in 3 cases simultaneously by stenos, readers.

- writing of routine orders by stenos & readers, blind signature by magistrates/civil judges

- signing back dated orders, uploading orders on website after a month

- granting too many adjournments on frivolous grounds like lawyer / party not well - out of town.

- adjournment to file reply to application

- adjournment to prepare  arguments, argue the matter

- adjournment on consideration

- greasing of hands & egos of clerical staff to get the files pushing from one desk to another.

- All case related documents should be uploaded online and should be accessible to advocates of both parties to cut down corruption and time of obtaining correct information ( inspection ).

- inspection applications need not be required to be signed by judges but a proper register be maintained and advocates can examine the same by signing on the register.

-Each and Every lower court judge must be staffed with 2 stenographers, 

2 readers

2 ahlmads

And the presiding officer can choose to allocate work to all accordingly.

- Every judicial establishment at district level should be completely digitised just like the Apex court and their sections should be similarly organised. 

Lower court judges need to purge themselves of systemic delays in the name of procedure. They need to be more creative to facilitate speedy justice. 

It is an urgent need to re- start courts at every level by way of digitisation, virtual medium only.

All cases old and new to be heard by way of virtual medium only.

Establishing Uniform civil code, population control, trimming civil & criminal procedure code is the real dharma, real charity and real karma required to be established and done by Legislature and Judiciary alike. 

It's not just the laws that are bad - but meaningful leadership is required. Both Legislature and Judiciary has to quickly revamp the lacunae in procedural laws to expedite matters and provide finality to litigation. Zero adjournment policy and time bound disposal will help in the same. 

India needs to re-establish court procedure and practice so that litigation comes to end expeditiously.

Not only Civil courts need this revamp but also Revenue courts, labour courts etc need this kind of speedy procedure, digitisation, apolitical recruitment, meritorious adjudication. 

I hope we can see a meaningful end to the beginning of every litigation. 

This will provide security to every citizen. Case disposal is a very important part of governance other wise law and order declines. 

If law and order declines then commerce declines. Everything is interdependent. 

Your suggestions to this article can be mailed to :

advocategnr2011@gmail.com

I will add valuable inputs to the article.