Featured Articles

‘Indianisation’ of country’s legal system

CJI N V Ramana calls for ‘Indianisation’ of country’s legal system  https://indianexpress.com/article/india/justice-system-colonial-not-suited-for-indian-population-says-cji-7517470/

“When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise our justice delivery systems. For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the court. They do not understand the arguments or pleadings which are mostly in English, a language alien to them. These days, judgments have become lengthy, which further complicates the position of litigants. For the parties to understand the implications of a judgment, they are forced to spend more money” .

The CJI stated that it is the duty of lawyers and judges to create an environment that is comforting for the litigants and other stakeholders. “We must not forget that the focal point of any justice delivery system is ‘the litigant-the justice seeker’,” he said, adding that “in this light, usage of alternate dispute mechanism such as mediation and conciliation would go a long way in reducing the friction between parties and would save resources. This also reduces the pendency and requirement for having lengthy arguments with lengthy judgments”.

Comment: Beyond pious words, the SC can easily lay down guidelines for recording and storing at the Panchyat level including some minimum information on the data and documents, oral testimony at any alternative dispute mechanism including Khaps.  This will help litigants to approah the higher courts if needed, at the same time record their receipt of the verdicts.

 

Indian Judiciary: Chalenges of Future

CJI: Executive’s tendency to ignore court orders a worry    Dhananjay Mahapatra / TNN / Dec 27, 2021,

unless there is cooperation and assistance from both the executive and legislature, justice to people cannot be ensured by the judiciary single-handedly.

 “A popular majority is not a defence for arbitrary actions taken by a government. Every action is mandatorily required to comply with the Constitution. If the judiciary does not have the power of judicial review, then the functioning of democracy in this country would be unthinkable.”

“Courts do not have the power of the purse or the sword. Court orders are only good when they get executed. The executive needs to assist and cooperate for the rule of law to prevail in the nation. However, there appears to be a growing tendency to disregard, and even disrespect court orders by the executive,” the CJI said.

“There is a need to liberate the institution of public prosecutors. Total independence must be granted to them and to make them answerable only to the courts. Historically, prosecutors in India have been under the control of the government. Hence it is not a surprise that they do not act independently. They do nothing to prevent frivolous and non-deserving cases from reaching the courts,” he said.

Full lecture: https://www.youtube.com/embed/5f15_-vtz4E?start=1565&end=3185 &

https://www.youtube.com/embed/5f15_-vtz4E?start=4058&end=17549  

Comment.

 

Farmers, Economists & Democracy

Farmers, Economists & Democracy ||| Parakala Prabhakar Dec 22, 2021

 

There is an insidious project underway with regard to the now repealed Farm Laws. The ruling party, an influential section of our economists, a large and vocal section of the urban middle class, and the mainstream media are stealthily, but effectively, pushing a narrative. In this Episode Dr Parakala interrogates this narrative and shows that the farm laws are merely aimed at accelerating market dynamics in the sector without addressing the core issues that plague the agriculture sector in the country. And shows how this narrative's understanding of agriculture merely as an economic sector, the peasant as only an economic actor and food as nothing but a tradable a commodity is completely flawed.