NEW DELHI / BENGALURU: After 70 years, India’s judiciary is preparing to break away from colonial and foreign procedural and jurisprudential influence, as CJI NV Ramana on Saturday emphasized sweeping changes to allow courts and your stakeholders create a friendly atmosphere and use a language familiar to litigants in rural areas.
Speaking at a memorial for South Carolina judge MM Shantanagoudar in Bengaluru, the CJI said: “Very often, our administration of justice poses multiple barriers for ordinary people. The functioning and style of the courts do not fit well with the Complexities of India. Our system, practices, rules that are of colonial origin may not be better suited to the needs of the Indian population. ”
Does this mean that the intellectual weight of constitutional court judgments would no longer be measured by incorporating logic into the decisions of the United Kingdom and United States Supreme Courts, which has been common in important judgments of the Supreme Court of the United States? India and the higher courts? The CJI did not elaborate on this aspect.
However, he said: “When I say Indianization, I mean the need to adapt to the practical realities of our society and to localize our systems of administration of justice. For example, parts of a rural place that are fighting a family dispute often feel out of place in court. They do not understand the arguments or allegations, which are mostly in English, a foreign language to them. These days, trials have become lengthy, further complicating the position of the litigants . trial, they are forced to spend more money. ”
Emphasizing the need for greater use of alternative dispute resolution mechanisms to reduce litigation costs and delays in the administration of justice, CJI Ramana quoted former US Supreme Court Chief Warren Burger, who had said: “The notion that ordinary people want black-clad judges, well-dressed lawyers in elegant courtrooms as the stage to resolve their disputes is incorrect. People with problems want relief as quickly and cheaply as possible.”
Reminding judges and lawyers to make litigants comfortable in the courts and their processes, the CJI said: “Courts should focus on litigants as they are the ultimate beneficiaries. Simplifying the administration of justice it must be our urgent concern. It is crucial to make the administration of justice more transparent, accessible and effective. ”
(With input from Bangalore)