Justice Without Delay: Recommendations for Legal and Institutional Reforms in the Indian Courts

73 Pages Posted: 19 Sep 2010 Last revised: 3 Mar 2015

See all articles by Nathan Rehn

Nathan Rehn

United States Court of Appeals for the Seventh Circuit

Abhayraj Naik

Yale Law School

Dipika Jain

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Aditya Singh

National Academy of Legal Studies and Research (NALSAR) University

Nick Robinson

International Center for Not-for-Profit Law; Harvard Law School, Center on the Legal Profession

Winky Wing So

O. P. Jindal Global University - Jindal Global Law School (JGLS)

J. Aniruddha

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Sulbha Rai

University of Washington - School of Law; Desh International Law

Chakravarti Patil

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Amit Bindal

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Ruchira Goel

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Vik Kanwar

Boston College Law School

Abstract

This Report follows up on discussions that took place at the Seminar on Delays in the Indian Legal System: Legal, Judicial and Institutional Reforms held on 19 February 2010 at Jindal Global Law School in Sonipat, Haryana. The Report provides the following: I. A Literature Review surveying key historical and contemporary perspectives relating to addressing delays in the Indian legal system. It will provide a summary of the constitutional and statutory pre-commitments relating to access to justice, and draw attention to the diagnoses of the causes of delays provided by various committees, commissions, judgments by courts and other academic writings. It includes major initiatives by the state and central governments, as well as by the judiciary in addressing delays. II. The proceedings of the Seminar on Delays in the Indian Legal System: Legal, Judicial and Institutional Reforms, highlighting the advice of judges, practitioners, politicians, economists, and social scientists who are sensitive to the intricacies of these problems, and the likely impact of proposed solutions. III. The Targeted Recommendations of its authors, a committee of Indian and international legal scholars. These are: 1. Empirical research and data collection to be conducted on the functioning of lower courts, the regional and disaggregated data, and performance of various courts; 2. Clarification of, and easy access to, precedents and laws; 3. Provision of ADR measures and pre-trial counseling/dispute resolution measures; 4. Restructuring Incentives and Sanctions on various stakeholders, introducing penalties and costs on parties that contribute to delay after a prescribed time frame; 5. Targeted Amendments to Legislation and Codes; 6. Introduction of a case management system, provision of adequate training in a decentralised manner, conducting of periodic assessment, administrative support and development; 7. Recruitment of more judges, an increase in resources to attract a competent judiciary at a greater strength and their distribution in a targeted manner to areas of the country with the highest arrears; 8. Introduction of Internet technology in reduction of paper work along the lines of the model of e-courts in New Delhi; 9. Introduction of specialised, as well as fast track courts; and 10. Implementation of a National Litigation Policy and Implementation of a National Arrears Grid.

Suggested Citation

Rehn, Nathan and Naik, Abhayraj and Jain, Dipika and Singh, Aditya and Robinson, Nick and So, Winky Wing and Aniruddha, J. and Rai, Sulbha and Rai, Sulbha and Patil, Chakravarti and Bindal, Amit and Goel, Ruchira and Kanwar, Vik, Justice Without Delay: Recommendations for Legal and Institutional Reforms in the Indian Courts. Jindal Global Legal Research Paper No. 4/2011, Available at SSRN: https://ssrn.com/abstract=1679350

Nathan Rehn

United States Court of Appeals for the Seventh Circuit ( email )

United States

Abhayraj Naik

Yale Law School ( email )

New Haven, CT 06520
United States

Dipika Jain

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Aditya Singh

National Academy of Legal Studies and Research (NALSAR) University ( email )

3-4-761, Barkatpura
Shameerpet
Hyderabad, Andhra Pradesh 500027
India

Nick Robinson

International Center for Not-for-Profit Law ( email )

1126 16th Street NW
Washington, DC 20036
United States

Harvard Law School, Center on the Legal Profession ( email )

1563 Massachusetts Ave
Cambridge, MA 02138
United States

Winky Wing So

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

J. Aniruddha

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Sulbha Rai

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

Desh International Law ( email )

400 108th Ave N.E.,
Suite 700
Bellevue, WA 98004
United States

HOME PAGE: http://www.deshlaw.com

Chakravarti Patil

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Amit Bindal

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Ruchira Goel

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Vik Kanwar (Contact Author)

Boston College Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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