Information is a great resource.
The legal system owes it to the people to avert the risk of such information of public importance being lost or damaged.
The system has a duty to preserve ,store,retrieve and provide on demand all those information and trails to all its users who have availed themselves of the services of the system in order to get their rights and duties clarified, declared, extent ascertained at a great cost and pain at any point of time. This duty if faithfully discharged helps maintaining social decency, decorum order and further helps in avoiding avoidable conflicts, confusions.
This duty has to be borne by all the three limbs - executive, legislature and judiciary. But then ther is a risk of the three limbs not functioning harmoniously.
If there is no system-woven orderliness in their respective area of operation and functioning,they will cease to be of any real value to the people.
If the adjudication parameters are not properly defined or if defined are not properly administered or if administered not uniformly applied in adjudication process or if applied those adjudications are not made available to people on demand , the whole system would render itself irrelevant.
This limb of socia concern may be taken care of through proper procedures having been evolved and guven the sanction of mandatory law and legal procedure. . Procedural laws are meant to take care of this aspect.This risk may further be addressed by record-keeping, preserving defined legal stipulation so that any latches are ruled out.
All these are part of a HOLISTIC CONCEPT OF RISK MANAGEMENT AT DIFFERENT LEVELS.
A careful study of the laws, be it procedural laws or substantive laws, governing the functioning of the courts , shows tat centrality is given to the adjudication of rights asserted , denied or threatened.No procedural compulsion justifies the forfeiture of the right for vindication of which the party comes to a court.
The legal system owes it to the people to avert the risk of such information of public importance being lost or damaged.
The system has a duty to preserve ,store,retrieve and provide on demand all those information and trails to all its users who have availed themselves of the services of the system in order to get their rights and duties clarified, declared, extent ascertained at a great cost and pain at any point of time. This duty if faithfully discharged helps maintaining social decency, decorum order and further helps in avoiding avoidable conflicts, confusions.
This duty has to be borne by all the three limbs - executive, legislature and judiciary. But then ther is a risk of the three limbs not functioning harmoniously.
If there is no system-woven orderliness in their respective area of operation and functioning,they will cease to be of any real value to the people.
If the adjudication parameters are not properly defined or if defined are not properly administered or if administered not uniformly applied in adjudication process or if applied those adjudications are not made available to people on demand , the whole system would render itself irrelevant.
This limb of socia concern may be taken care of through proper procedures having been evolved and guven the sanction of mandatory law and legal procedure. . Procedural laws are meant to take care of this aspect.This risk may further be addressed by record-keeping, preserving defined legal stipulation so that any latches are ruled out.
All these are part of a HOLISTIC CONCEPT OF RISK MANAGEMENT AT DIFFERENT LEVELS.
A careful study of the laws, be it procedural laws or substantive laws, governing the functioning of the courts , shows tat centrality is given to the adjudication of rights asserted , denied or threatened.No procedural compulsion justifies the forfeiture of the right for vindication of which the party comes to a court.
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