| Judicial reforms in India
By Ronald L. Rebello 11/06/2005 At 01:48 The following is a letter to the Editor of The Hindu in response to their newsitem on Chief Justice of India's Information and Communication Network plan for Judiciary. To The Editor 14th May, 2005 The Hindu, Chennai. Sub: ICT plan for Judiciary by CJI Lahoti. Ref: Lahoti unveils plan for speedy disposal of cases, May 13 – The Hindu Dear Sir, CJI Lahoti unveiling a 670 crore five year action plan for effective use of ICT for speedy disposal of cases (Hindu May 13) is welcome and should not be the only initiative in judicial reforms. However to say that reports of law commission, Malimath commission, IIM Bangalore on Judicial reforms have not been acted upon by the government is like passing the buck and expressing helplessness. What prevents the judiciary from taking pro-active steps for inculcating good suggestions from these reports and implementing them within its wide powers in the interests of justice and speedy trial? If Judiciary can make guidelines in the absence of a needed law (a classic example is the Vishaka guidelines on sexual harassment at work place), if it can give a direction to the executive (eg. To Rajiv Gandhi govt. to enact a Uniform Civil Code), if it can innovatively interpret the constitutional provisions (eg. Right to life includes right to food, potable water, clean environment, etc), why cant the judiciary on its own initiative carry out judicial reforms in the interests of justice. The SC has held in Hussainara Khatoon, Maneka Gandhi and A. R Antulay cases that the right to life (Article 21) includes the right to speedy trial. So why shouldn’t the very judges like Lahoti who discourse publicly about speedy trial voluntarily give up their summer vacations, do field visits to jails and conduct summary trials for languishing inmates, besides establishing Supreme Court benches in Metro's which in itself will to a great extent ensure speedy and accessible trial? Yours frankly Ronald L. Rebello Human Rights Activist Email:  yoursfrankly@rediffmail.com  Email:: yoursfrankly@rediffmail.com
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----- Original Message -----
From: S.M.DAUD
To: RONALD REBELLO
Sent: Sunday, May 15, 2005 8:44 AM
Subject: Re: CJ's recent ICT plan for Judiciary
You are right. Even within its restricted domain, the judiciary can do a lot. what is real; really necessary is to revive the urge to dispense justice fast and equitably, a lot of presently enjoyed perks will have to be given up by the judiciary-one of these being mere pontification.
-- Justice (Retd.) S. M. Daud
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The judicial review power of the Supreme Court is one of the widest in the world. It can conveniently be regarded as the "widest" in the world because the judicial review feature is also a "basic feature" of the Constitution that cannot be "amended, repealed, abrogated or taken away" even by exercising the constituional power of "amendment" by the legislature. The judiciary has the law making power in certain cases and the Constitution of India is also not following a rigid seperation of powers between the three sovereign organs of the Constituion. Further, the Supreme Court has power to fill in the gaps between the laws by virtue of its inherent powers under the Constitution of India. However,there is a limit of judicial review power as well. For instance, the Courts cannot question the "policy decisions" or "political questions" unless the same are actuated by malice or are based on extraneous grounds. The speedy justice cannot see the light of the day unless we collective refuse to burden the already overburdened judiciary. The need of the hour is to use the "alternative dispute resolution mechanisms". The smaller issues and civil matters can conveniently and economically be taken care of by these ADR mechanisms. For details on the ADR mechanisms as operating in India, kindly see  http://www.praveendalal.blogspot.com/. Regards Praveen Dalal Arbitrator, Consultant and Advocate Delhi High Court, India. | 