Friday, August 21, 2009

Justice late and denied

Justice in India is late and denied. It was nice to hear about it from our prime minister himself. But what came thereafter is disappointing, the CJI and PM differ in the reasons, both have pointed the problem in each others area but do not want to make the change that lies in their hands. So i don't think anything will change. This situation is not very different from our corporate. This is sadly the state when management is indecisive and does not want to put in the effort required to solve such difficult problems. Such problems need lot of perseverance and determination. There is no easy solution.  But to create a plan around this is not really very hard.

Figure out the rate at which the courts are being approached, and what manpower is needed for them. This is important to ensure that there is no more pile up.

Next is to plan an additional capacity that works for cleaning out the current piled up cases. This overcapacity shall be neutralized in longer run with retirements happening and increase in the run rate for current cases.

The reason why nothing happens is simple, up to an extent both the judiciary and executive gain from dead/lame justice -

1. Judges continue to be important, as they are few in number and always laden with work. India not only prides itself with almost largest population, but worlds maximum and most busiest people will be in India.

2. Judges get paid by frustrated people trying to work through this mess.

3. Executive uses lame justice to their advantage. Do anything and by the time the decision come you are already dead. GO to lower court, then high court and then supreme court.

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