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Judiciary can clip wings of other organs of governance: Lahoti
September 03, 2005 17:04 IST
Observing that the judiciary can 'clip the wings' of other organs of governance if they cross their limits, Chief Justice of India, Justice R C Lahoti said on Saturday that an alternative dispute resolution mechanism like conciliation would ensure speedy justice by drastically slashing court cases.
"All three organs - executive, legislature and judiciary - should work in accordance with constitutional provisions and if anyone acts beyond its juridisction, judiciary can clip its wings," he said at a seminar on 'Speedy and Affordable Justice and Cooperation between Judiciary and Executive'.
It is the duty of the judiciary to ensure that the laws framed by legislature were in conformity with the provisions of the Constitution, Justice Lahoti said, adding that the executive should also avoid excesses while implementing the laws.
Strongly favouring coordination between the judiciary and the executive, he said the three organs should carry out their responsibilities in a dignified manner and strengthen each other for the welfare of all sections of society.
On delay in delivery of justice, he said an independent agency should be formed for alternative dispute resolution through methods like conciliation and mediation in order to substantially reduce the number of cases reaching the courts.
Citing an example, he said that in California, about 46 per cent of the disputes were handled through an alternative resolution mechanism, of which 94 per cent were resolved.
Court hearings through video conferencing and formation of committees of senior officials and experts to resolve disputes in government departments would not only save time but also money, he added.
Regretting that no concrete step has been taken for overhauling the legal system and obsolete laws, the chief justice said reports of police reform commissions are also gathering dust without proper action taken to implement their recommendations.
Expressing hope that the recommendations of Shetty Commission on judicial service would be implemented soon, he said all states have agreed in principle to accept these.
Justice Lahoti's request for special allowances to judges in Madhya Pradesh to purchase books evoked instant acceptance at the function as Chief Minister Babulal Gaur announced Rs 3,000 per year would be provided with immediate effect and the amount would be raised to Rs 4,000 next year.
The chief justice also lauded efforts made by Gaur and State Law Minister Narottam Mishra in strengthening the justice delivery system and improving coordination with judiciary. .
In his address, Gaur said following the state government's decision to withdraw about 80,000 minor cases, around 50,000 cases have already been withdrawn, which would play a significant role in ensuring speedy justice in the remaining cases pending before courts.