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Opinion - Letters
Reorganising the judiciary

This is with reference to the captioned article (Business Line, July 23). While the structural changes suggested are worth pursuing, the problem will only be answered only partially by these measures. What is more important is basic changes in judicial procedures, and changing the way the justice system works without clinging to the century-old procedures decided by our erstwhile rulers.

The oft-listed reasons for the delay are the back-log of cases, shortage of judicial officials and the flimsy reasons for which cases are adjourned. To address these problems, the former Chief Justice of India, the late Y. V. Chandrachud, had suggested changes in the way cases are argued and proposed that both the parties should give their written briefs instead of verbose arguments in the court-room which could be gone through by the judicial officials so that the matter can be decided at a faster pace.

This was fought tooth and nail by the advocate fraternity, especially from the Capital and other northern cities, and they ensured this idea was dropped. The advocates, at least some sections thereof, as we can see, are becoming increasingly militant in their behaviour. They themselves display a lack of faith in the judicial system by resorting to bandhs and other activities, much like trade unions.

A cynical view could be that political forces are also interested in maintaining the status quo so that the cases against them or their supporters are drawn out for long. If the system does not instil and enforce fear among the erring public, how we can expect respect for law in a semi-literate populace?

G. R. Rao Mumbai

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