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   Home >> Library index >> Legal System >> There is a need to modernise the system
ĎThere is a need to modernise the systemí 


A recent report by the State Law and Judiciary Department shows 3.39 lakh cases pending in the Mumbai High Court. Please comment on this. 
This is fatal to the entire concept of justice. The delays promote dishonesty. If India has to be a global leader, the administration of justice will have to be revamped. The number of cases filed are likely to increase in the near future with the growth in population. We have to provide not only for the present level of backlog but also have to be ready to meet the increase in the number of cases. 
What is the solution to this? 
The gross delay has been a perennial subject of discussion in various law conferences. The Mumbai High Court has now started taking corrective steps. Section 89 of the Civil Procedure Code (CPC) has been amended so that the courts can refer the cases to arbitration, mediation and conciliation, called Alternative Dispute Resolution (ADR) methods. The legal profession has also stepped forward to support the efforts of the High Court. If the ADR fails, the concerned case will immediately be taken up for final hearing by the court. Also, previously, the examination and cross-examination of the witnesses used to be done by the court itself. Now the examination can be done by filing affidavits and the cross-examination will be done before an advocate appointed by the High Court or any other court. He will be treated as the commissioner of the court. 
Isnít there a need to increase the number of magistrates and judges? 
The Central and State Governments will have to seriously support the judicial administrative system by appointing more magistrates and judges. There is also a need to modernise the system as no quick evidence can be recorded by a typewriter. 

B A DESAI - Additional Solicitor General of India 
On the numerous pending cases in Mumbai High Court