The new rules of Supreme Court of India need serious rethink
By vanny
@vandana7 (98826)
India
July 29, 2021 11:06pm CST
So the judges have said ...synopsis, 3 pages, precedents citing just 1 page, and oral arguments just 30 minutes. Any failure to comply means .. INDEFINITE DEFERMENT.
With more than 64700 cases pending and new being added everyday, indefinite deferment needs serious rethink.
What control do we have on advocates? None. They will take up a case, go there, blabber for forty minutes, get indefinite deferment. That is the end of the story. We cannot change the advocate, we cannot get the case listed.
The synopsis aspect is good - something I was suggesting a few weeks ago, precis of precis writing and importance of English.
But advocates are not suffering at all! Where is the justice done?
I am disturbed. Without quoting a single precedent, our case requires at least 3 days arguments because our case has been combined with other similar cases. The object was to ensure speed in passing judgement. Now, it looks like it is never coming.
https://www.kanishksocialmedia.com/2021/07/to-speed-up-justice-sc-fixes-strict.html
India News: NEW DELHI: The Supreme Court on Thursday said time has come to put in practice allocation of time for each arguing counsel in the courts and limit the.
9 people like this
8 responses
@FaruMesh (3508)
• India
30 Jul 21
According to one report of 12-05-21 is that 5.75 million cases are pending in the high courts across the country, and 38.15 million cases are pending in the district courts. 
. The main reason would be there are not enough judges, nearly half of the posts are vacant.
. The main reason would be there are not enough judges, nearly half of the posts are vacant.2 people like this
@vandana7 (98826)
• India
30 Jul 21
Just read it is 69000 plus in Supreme Court. Yes...and most of the cases in high court will come to Supreme court at some time or the other.
Salaries of government employees are being increased indiscriminately. If inflation rate is 7 percent pa, how is 20 percent jump in salary and DA justified, and because there is no money, posts of judges are kept vacant.
Even public sector employees don't deserve those increments if they are making loss. There has to be a benchmark, and employees should be made to perform to minimum that standard for certain level of increment and higher increment should be based on higher bars.
Advocates should not be allowed to seek adjournments left and right.
2 people like this
@CuriousGab (3251)
• India
30 Jul 21
@vandana7
Yes,many people reopen the case in Supreme Court due to its power.
Very less people go for law jobs..as it takes lots of time.
It is fix in the mind of people that there is corruption in such posts and that noone can survive there without corruption.
Also many think it is a tough job..
1 person likes this
@YuleimaVzla (1505)
• Maracaibo, Venezuela
30 Jul 21
Friend, I believe that worldwide we are showing procedural delays in the courts and defense agencies, even in many countries where corruption rules, many people have to be bribed so that they can take your case into account and give it shape
It is getting worse.
2 people like this
@YuleimaVzla (1505)
• Maracaibo, Venezuela
30 Jul 21
@vandana7 I am a lawyer, believe me what is happening in many Latin American countries, sudden loss of files among other things. The system is very vexed.
1 person likes this
@vandana7 (98826)
• India
30 Jul 21
@YuleimaVzla We have also known of case files being lost. That is pathetic.
@Vikingswest1 (6305)
• United States
30 Jul 21
So. An apellate court changes the rules to allow indefinate adjournment or deferment in cases before it. It also sets new rules for presenting cases.
A Constitutional challenge is waged and the SC of India refuses to hear or issue a stay on the apellate rule change.
Now courts don't have to rule on cases but can push them back without setting a date or issuing a time frame for pending actions to be heard.
That's an assault on due process and fair trials. I'd be outraged if I understand the issue correctly.
1 person likes this
@vandana7 (98826)
• India
30 Jul 21
But there is writ petition or plaint, right?
Indefinite deferment is wrong...I read it last night, and this morning that is not around. So believe the page has been removed because that is wrong reporting.
3 pages synopsis is GOOD. I know how things work out here. In one of the previous posts I did say English can play a major role in clearing the backlog with precis writing.
Somebody seems to be reading my ideas. He even quoted ..wren and martin precis writing in this.
That should certainly help, as also 30 minutes time limit...within which arguments are for 25 minutes and 5 minutes are for clarifications or replies or counters.
If it works, ..it would be great for the country.
@vandana7 (98826)
• India
30 Jul 21
@Vikingswest1 I am still searching for that article which I read last night and which had mentioned indefinite deferment. That disturbed me. Which is why I came up with the post. But now it is not to be found. I wouldn't be surprised if it was some mischief.
But the court has definitely asked for using Wren and Martin Precis writing methods to be adopted.
A few weeks ago, I had suggested that here.
1 person likes this
@Vikingswest1 (6305)
• United States
30 Jul 21
@vandana7
Indefinite deferment or adjournment is wrong. Just plain wrong.
I have more to read to fully understand the issue. I ran across some news dated July 19th or so that gave the opinion of the SC regarding the apellate rule change.
It sounds as if the hope is to never allow those cases pending, tens of thousands, to ever reach trial.
All actions are effectively put on hold until whenever they feel like rescheduling the cases, if ever.
1 person likes this
@LindaOHio (156056)
• United States
30 Jul 21
I think the judicial process works much faster in the US.
1 person likes this
@ThatDisha (4010)
• India
30 Jul 21
Yes, the process is unnecessarily slowed down
1 person likes this
@sjvg1976 (41131)
• Delhi, India
30 Jul 21
This is because of the lesser number of courts and judges available in the country. Another reason is the corruption I guess. They keep on delaying the judgement in a hope that they will get enough bribe from the accused.
Anything may be the reason but that's serious, the government should look at it
1 person likes this
@vandana7 (98826)
• India
30 Jul 21
I doubt if judges are looking for bribes. I have fought a case in consumer forum. Believe me, they were extremely honest folks. They were bound by the law books which seem to be lenient towards the parties. There may be a few judges here and there. But it is not likely that they reach supreme court. That is because their previous judgments are scrutinized at supreme court. The quality of judge is evaluated based on the number of cases that reach higher courts and press reports. The woman judge in Bangalore High Court if I remember right was thrown out for her controversial judgment on treatment of woman. So judges cannot afford to give wrong judgments. and accept bribes unless they do not want to climb up the career ladder. I am extremely impressed by judges at consumer forum in Hyderabad.
