One is heartened to read in the media that the BJP government has directed that all undertrials who have served half of their sentence to be released, thus reducing the unfairness of a never ending judicial system, and also reducing the burden on courts and jails. Such a step was long overdue, and one hopes it will be implemented with gusto.
However, there are several other concomitant reform measures that need to be undertaken to make a meaningful and long-lasting judicial reforms in the country:
1. Increase in the number of judges 3 or even 5-fold;
2. JAC with a majority view to judges, not executive;
3. JRC (Judicial Removal Commission) .... a speedy, assured, efficient, and certain process to investigate and remove (and jail, where criminality is evident) corrupt "judges", of which variety there apparently are not just a few, but many;
4. Other steps like curtailment of holidays, control on "adjournments", audio-video of courts, curtailment of contempt, appropriate amendments to Evidence Act and CrPC and CPC, deleting of "Single Point Directive and the likes, deleting the provision for anticipatory bail, deleting the provision that grants "judges" immunity from prosecution for their criminal acts of omission and commission, etc.
Ultimately, a country becomes developed or remains underdeveloped on the basis of the quality of its institutions ..... the parliament, courts, law enforcement systems, administrative systems, etc. One hopes that the BJP government with undertake robust, simultaneous, and multi-pronged initiatives within the first year itself.
Victor
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Posted by: Victor Cooper <victor99cooper@yahoo.com>
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