Law being necessarily in form of a command of the sovereign may not always confirm to morality, fair play ,equity, equality,due-process but in spite of the rigid form a judge tries to balance between state arbitrariness and justice. Justice is the only concern of a judge that is to say what minimum arbitrariness the subject should suffer.
Thursday, 12 September 2013
Wednesday, 11 September 2013
New generation judges - greater transparency & time table.
Yes ,get, set, and be ready.
Every court must have a daily routine and agenda, cause list and time table, even if that court is lying vacant.
The society has a right to know why a particular case is pending and who is responsible for the pendency
Every court must have a daily, weekly, monthly, yearly time table, routine, cases to be disposed off even if these routines cannot be honoured.
Let there be 100% default for all the judges and courts for the first three months but if you start with a time schedule , may be provisionally, may be persuasive for the bar, may be informative for the executive, may be assuring for the litigation, but let us start such an exercise.
Let it fail but not without monitoring ,Let the time table be ther and let all concerned that a time table though prepared is failing. But let it not go un-noticed.
Highlight at every stage through every possible of communication and even media that the time table has failed.
This transparent insemmination of information will put pressure on all concerned and if at all the judiciary is efficient enough, it will save the judiciary from unnecessary criticism.
The forces that have occupied space in the justice delivery system unnecessarily or are responsible for snags shall get exposed.
Dead litigations, luxurious litigation, designed litigation will automatically come to the light of people and create more awareness about pending cases.
Lack of transparency of information has made this court system a tool for exploitation by middleman at different levels.
Legal services in India is not institutionalised. It if neither standardised nor available to whole of the nation in equal quality,quantity.
The quality of legal knowledge available at villages and the level of legal remedies available , justice dispensed at village level is far far below presence- felt- level.
Lack of transmission of law, legal knowledge, court/remedies available, court informations and a opaque justice delivery system where even today most of the information are manuall manupulated and not freely accesssable is causing great concern
New generation judges must be sensitised for greater transparency and a must time table.
Every court must have a daily routine and agenda, cause list and time table, even if that court is lying vacant.
The society has a right to know why a particular case is pending and who is responsible for the pendency
Every court must have a daily, weekly, monthly, yearly time table, routine, cases to be disposed off even if these routines cannot be honoured.
Let there be 100% default for all the judges and courts for the first three months but if you start with a time schedule , may be provisionally, may be persuasive for the bar, may be informative for the executive, may be assuring for the litigation, but let us start such an exercise.
Let it fail but not without monitoring ,Let the time table be ther and let all concerned that a time table though prepared is failing. But let it not go un-noticed.
Highlight at every stage through every possible of communication and even media that the time table has failed.
This transparent insemmination of information will put pressure on all concerned and if at all the judiciary is efficient enough, it will save the judiciary from unnecessary criticism.
The forces that have occupied space in the justice delivery system unnecessarily or are responsible for snags shall get exposed.
Dead litigations, luxurious litigation, designed litigation will automatically come to the light of people and create more awareness about pending cases.
Lack of transparency of information has made this court system a tool for exploitation by middleman at different levels.
Legal services in India is not institutionalised. It if neither standardised nor available to whole of the nation in equal quality,quantity.
The quality of legal knowledge available at villages and the level of legal remedies available , justice dispensed at village level is far far below presence- felt- level.
Lack of transmission of law, legal knowledge, court/remedies available, court informations and a opaque justice delivery system where even today most of the information are manuall manupulated and not freely accesssable is causing great concern
New generation judges must be sensitised for greater transparency and a must time table.
raise our national level of legal compliances of petty nature to the extent of 99.5%
Even in independent India our leaders failed to instil confidence in WE THE PEOPLE about law.
By and large we, at all level - from a common man down the street up to the authority holding the drivers seat; the beggar in front of a religious shrine or the chairman of the largest industrial house, all continue with contempt against law.
Even in the board rooms , in close door political meetings,, in the office of law officers most of the energy is spent in conspiring against law, legal machinery and law enforcement officers. None of us come forward to admit that law has not been complied by us, please tell me how I can correct myself and now how I can ensure that law is not broken, not even unknowingly.
How many of us have come forward insisting the principles of strict liability at least in civil matters.
Why do not we decide that we will never, say never swear false affidivits.
Why do not we decide that an affidavit by me is binding on me in all circumstances, come what may and the greatest thing that has ti be hated in this Indian nation is forging and fabricating false documents, evidences and all who are associated with such document or evidence are liable for civil consequences and lack of mens rea , guilty mind can be looked into when it comes to criminality examination and her also the onus must be on pro-pounder and all concerned that they acted with due deligence.
Why can we not take a bit more responsibility now that we have raised level of literacy, infrastructure, resources, awareness.
Why can we not make ourselves more responsive to law we ourselves enact and are supposed to adhere to.
Why only tobacco products, other nonsenses are being advertised commercially , why cannot the fundamental duties be injected through micro level aggressive advertisement. Why law cannot be made a regular part of educational curriculum right from school level.
Why techniques of mass legal education , legal literacy, legal awareness be made a part of intern-sips and various training programmes. Even military, police, administrative, judicial, corporate,financial, banking, technical all training modules must carry proportionate sensitising exercise so that all entrants at any or all level of effective social interaction and ready to contribute for the society wit proportionate expectation from the society may feel ther share of social responsibility to-wards educating law to all sections of society inorder to seek more and more of legal compliance.
Until and unless we raise our national level of legal compliances of petty nature to the extent of 99.5% we cannot expect any place of honour internationally.
By and large we, at all level - from a common man down the street up to the authority holding the drivers seat; the beggar in front of a religious shrine or the chairman of the largest industrial house, all continue with contempt against law.
Even in the board rooms , in close door political meetings,, in the office of law officers most of the energy is spent in conspiring against law, legal machinery and law enforcement officers. None of us come forward to admit that law has not been complied by us, please tell me how I can correct myself and now how I can ensure that law is not broken, not even unknowingly.
How many of us have come forward insisting the principles of strict liability at least in civil matters.
Why do not we decide that we will never, say never swear false affidivits.
Why do not we decide that an affidavit by me is binding on me in all circumstances, come what may and the greatest thing that has ti be hated in this Indian nation is forging and fabricating false documents, evidences and all who are associated with such document or evidence are liable for civil consequences and lack of mens rea , guilty mind can be looked into when it comes to criminality examination and her also the onus must be on pro-pounder and all concerned that they acted with due deligence.
Why can we not take a bit more responsibility now that we have raised level of literacy, infrastructure, resources, awareness.
Why can we not make ourselves more responsive to law we ourselves enact and are supposed to adhere to.
Why only tobacco products, other nonsenses are being advertised commercially , why cannot the fundamental duties be injected through micro level aggressive advertisement. Why law cannot be made a regular part of educational curriculum right from school level.
Why techniques of mass legal education , legal literacy, legal awareness be made a part of intern-sips and various training programmes. Even military, police, administrative, judicial, corporate,financial, banking, technical all training modules must carry proportionate sensitising exercise so that all entrants at any or all level of effective social interaction and ready to contribute for the society wit proportionate expectation from the society may feel ther share of social responsibility to-wards educating law to all sections of society inorder to seek more and more of legal compliance.
Until and unless we raise our national level of legal compliances of petty nature to the extent of 99.5% we cannot expect any place of honour internationally.
Laws of procedures are law for management, planning, controlling, regulating the smooth functioning. In fact these have been conceived in a way to facilitate the identification of points of risk explosion, to grease well where ever their are possibility of extra friction and unwanted heat.These laws enhances uniformity of methodology to arrive at the end product "justice" and eliminates scope for arbitrariness and gross subjectivity.
Laws of procedures ensures higher transparency, greater acceptability, real predictability and ensures preparedness and compliance. These laws are prior informations to all concerned about the sequence in which the journey has to be undertaken and further communication that each stake holder has his defined journey and the entire journey is perhaps a relay service-race.
Laws of procedures ensures higher transparency, greater acceptability, real predictability and ensures preparedness and compliance. These laws are prior informations to all concerned about the sequence in which the journey has to be undertaken and further communication that each stake holder has his defined journey and the entire journey is perhaps a relay service-race.
Constitution Of India, never a law alone, not law at all - it is the manifestation of the political will of WE THE PEOPLE, a solemn oath taken,a vow to be honoured, never available for negotiation or barter. It is the foundation for a nation,a state and takes centuries to take shape and great deal of statesmanship, courage, patience,prudence of mind, and requires extraordinary vision and foresightedness.It is the basic data for legal working in India.It has the political will,security strategy, economic vision, cultural bonding, future road map, social reform, human dignity, administrative capability,, a revolution in continuous motion without reaction and foundation of Indian _Judicial Literature for all courts, all wings of state.Something above law and around law. Any thing that does not confirm the Constitutional frame is not law for a Court or for a judge in India.
Monday, 9 September 2013
Exercise II- Induction Training
Overview of a judges profile.
What it means to be a judge and not to be a judge.
Pecularites of being a judge
Splecific disqualifications that makes you unfit for a Judge
As a Judge you will not do these at any coust.
After being a judge, so long as you are a Judge you cannot be----
Either be a judge or ---
You cannot be all or more than a judge out of these options.
These options though available for other citizen are now not available to you either as per law, or morality, or convention or courtesy or voluntarily
You are are now Judges through you own Individual choices, never by pressure nor by any compulsions
You can walk out whenever you wish but there is no voluntary entry, the only entry is through a highly competitive legal entry point which has no second entry point, you are either in or out. Once out no option .
But then that is not the end of life nor of career .
What makes you feel like a Judge.
This is यह जजों की सभा है, यहाँ जो कुछ जानोगे, समझोगे वह कानून के दूसरे क्षेत्र मैं हो सकता है उतना ही प्रासंगिक न रहे, कानून के दूसरे क्षेत्रों मे लोगों के लिये वह आश्चर्य जैसा लगे।अतः यहाँ की बातें अपने तक ही सिमित रखें- बाहर के लोगों के लिये यह सब बहुत अर्थ नहीं रखेगी,सावधान।
लोहार के औजार सोनार के किस काम के।
सुराही से लोमड़ी को पानी पी नहीं सकती।
इसी प्रकार बगुला थाली मै रखी खीर नहीं खा सकता।
जज को न तो क्रान्तिकारी हाना है न सूर वीर योदधा,
जज को प्रोफेसर की तरह बहुत अप्रतिम विद्वान भीनहीं होना है
जज को साहित्यकार नहीं बनना चाहिये
न हीं जज को अपरतिम सौन्दर्यचेता कलाकार
वाचाल जज न हो यही भला
जज को प्रयोग धर्मी होने का अदिकार नहीं है
जज कानून के अन्तर्गत ही जज है, उसे सदैव कसनून की मर्यादा का पालन करना ही होगा
कानून , संविधान ही जज का धर्म है।
जज के अपने व्यक्तिगत मूल्य उसके जज के काम के लिये महत्वहीन है।
न्याय की सामाजिक अवधारणा ही स्वीकार्य है। समाज को जो आगे बढ़ाये , सीधे खड़े रहने में मदद करे वही न्याय।
न्याय की धार्मिक व्याख्या, या नैतिक व्याख्या सदैव कानून की न्याय की व्याख्या से मेल नहीं खाती।
What it means to be a judge and not to be a judge.
Pecularites of being a judge
Splecific disqualifications that makes you unfit for a Judge
As a Judge you will not do these at any coust.
After being a judge, so long as you are a Judge you cannot be----
Either be a judge or ---
You cannot be all or more than a judge out of these options.
These options though available for other citizen are now not available to you either as per law, or morality, or convention or courtesy or voluntarily
You are are now Judges through you own Individual choices, never by pressure nor by any compulsions
You can walk out whenever you wish but there is no voluntary entry, the only entry is through a highly competitive legal entry point which has no second entry point, you are either in or out. Once out no option .
But then that is not the end of life nor of career .
What makes you feel like a Judge.
This is यह जजों की सभा है, यहाँ जो कुछ जानोगे, समझोगे वह कानून के दूसरे क्षेत्र मैं हो सकता है उतना ही प्रासंगिक न रहे, कानून के दूसरे क्षेत्रों मे लोगों के लिये वह आश्चर्य जैसा लगे।अतः यहाँ की बातें अपने तक ही सिमित रखें- बाहर के लोगों के लिये यह सब बहुत अर्थ नहीं रखेगी,सावधान।
लोहार के औजार सोनार के किस काम के।
सुराही से लोमड़ी को पानी पी नहीं सकती।
इसी प्रकार बगुला थाली मै रखी खीर नहीं खा सकता।
जज को न तो क्रान्तिकारी हाना है न सूर वीर योदधा,
जज को प्रोफेसर की तरह बहुत अप्रतिम विद्वान भीनहीं होना है
जज को साहित्यकार नहीं बनना चाहिये
न हीं जज को अपरतिम सौन्दर्यचेता कलाकार
वाचाल जज न हो यही भला
जज को प्रयोग धर्मी होने का अदिकार नहीं है
जज कानून के अन्तर्गत ही जज है, उसे सदैव कसनून की मर्यादा का पालन करना ही होगा
कानून , संविधान ही जज का धर्म है।
जज के अपने व्यक्तिगत मूल्य उसके जज के काम के लिये महत्वहीन है।
न्याय की सामाजिक अवधारणा ही स्वीकार्य है। समाज को जो आगे बढ़ाये , सीधे खड़े रहने में मदद करे वही न्याय।
न्याय की धार्मिक व्याख्या, या नैतिक व्याख्या सदैव कानून की न्याय की व्याख्या से मेल नहीं खाती।
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