Ad Here  
China invests in India Tribute – UCAL Selvan… Alexa – Talking Wikipedia L&T: focus on infrastructure and more infrastructure… When nations steal growth from one another… Padma Bhushan for A Ramakrishna Adapt Vajpayee dinner diplomacy Build close rapport with business leaders IPL - no surprise this scam Solar, solar everywhere … Fall in crude prices help in oil sector reform Paytm karo... Welcome GST Why this malaise in medical education? Focus on quality of power - its only around 170-180V Kinetic Karnataka Parliament in paralysis... Making ‘my Amaravati’... Cleaning Ganga – relocate tanneries and install electric crematoria TELANGANA at last…BUT Strengthen the base... A proud Madrasi No engine for this car Poor representation for Kerala and TN in Cabinet Readers' Mail The brown list of Venkitaramanan Delhi is distant… Wanted: a second airport for Chennai Mu Sigma – is no more For whom the MIDS bell tolls? Waning interest in public discussions… Contrarian cousins The Swadeshi Trump There was flood of milk. Reason: no milk commissioner! EEC at the National Media Centre F C Kohli - his concerns all embracing More Shakthi to Das’ elbow Haul over the coal Five star activism stalls development activity New IT products of Ramco in the pipeline… L&T- the specialty of special purpose vehicles TN-leverage strength of BHEL, NLC... More Shakti to resource mobilisation... Demise of a media baron... Discoms deserve better… Poor quality of university VCs Lesson from Chandrababu Naidu The nuclear option Convulsions in The Hindu Sri Lanka votes for change TN accounts for the largest recruits by the IT sector Remembering Indira Sivasailam... A glass full of corruption Odisha: spectacular win by Naveen Patnaik Polls and promises Colour-Chem’s colourful KRVS Muffled voices for merit… Naidu’s return augurs well for Seemandhra Sweeter prospects for sugar The Jan Dhan bonanza Banning booze... Diamond jubilee of Egmore Samskrt School Solar thermal shines… West Bengal: mindless malignancy For whom the bell tolls? GM Technology at last! Land reclamation from sea appears cheaper! Come elections, come advertisements... Modi storms Silicon Valley Tribute Fuel for thought Mersal magnified Breaththrough in malaria control Secularism and anti-Hinduism Shale gas and its shallow future A rich pool of talent not utilised…. Revive development banks... to the lack of interest on the part of these to focus on original research. This despite the much lower costs of such research in India. The industry which thrived on the protection of a closed economy and the advantage of a vast domestic market, has failed to organise its evolution on healthy lines Towards speedy justice SoA @ 80 Limit foreign borrowings to hi-tech, export potential projects... Russi Mody – a tribute IPL type auction for VCs? Engineering seats go abegging Godspeed, Chief Minister JJ TIAM turns a full cycle Shanti and Sadhana through Music Not just in-laws (and outlaws); they’ve renowned academics at the helm! Return to king coal for urea... Scientists urged to take up farmer-oriented research Delhi is distant More tributes to GR Streamlining mandatory third party cover Kudos to NDTV... A Grand Finale for SN’s MS centenary at the US… No Maha Koottani in TN... GNS - 100: our first subscriber Vibrant Gujarat The Gulf aviation boom Protest masters... He saved millions from starvation... Shaming of Tamils by Tamil farmers at Delhi Moily’s bold thrust The ‘Ayyo-yes’ is no more All eyes on Sankara Nethralaya …and of a popular trade leader Modi and the lady Inflation: are we emulating Argentina and Brazil? Plummeting profits of PSBs Rahman at CIC Sweet news for TN sugar mills A C Muthiah – his munificent bequeaths to science Tihar, Puzhal not different from Parappana Agrahara Measuring roof tops in terms of KW/MW How Air-India loses customs... Tribute – M V Murugappan Nuclear power at the nucleus Infrastructure funding – lessons learnt Why land prices zoom in TN? CSR and CMI: promise of another Srinivasan Ramanujan... TN – agglomerate land holdings without alienating ownership Naidu will soon build a new Hyderabad R Sridhar steps down as CEO of Shriram Capital Funding the un-funded Robber barons everywhere Fortune for Indian Airlines ONGC at KG Basin Tribute – Manikam Ramaswami Reliance’s TV – 18 ready to launch Tamil News Channel An informal presentation - analytical, forward locking... Roaring Ro-Ro facility A Grand Finale for SN’s MS centenary at the US… Permanent secretariat for TN GIM This scant respect for Law Varuna (rain) in 2015; Vaayu (air) in 2016. Chennai devastated Welcome changes that testify to Jayalalithaa’s return to health Editor's Says B H Kothari - a tribute Revving up the manufacturing sector When Ratan Tata visited SRM EVM is tamper-proof Airlines in India: cost and space Excel Generators provide the vital back-up When online building permits work…. The why of tax incentives The sea- saw battle continues... A think tank for Chennai Music happens Welcome focus on core competence Tough task taking states together CII projects higher growth… Gay abandon in pricing Align crops to agro climate endowments… Road development slows down Chennai and Kolkata miss opportunity to grow as Delhi and Mumbai Maximising the micro pricing … A welcome initiative by the judiciary Tatas moving out of urea production... Should we change the official year? PC’s preference for professionals MHC should not return to its old indisciplined ways Auto components surge… IAS invades NDDB... A professional at the helm of IRDA... Eternal support for capitalisation of PS banks CIPET hqrs to stay at Guindy – for the present? Bihar – Nitish Kumar adopts the Lalu model When the President was rendered homeless… Multi-faceted Venkat Pharma – overdose of copying Medical costs hit the roof... The rise and rise of KCP When TN politicians can emulate Kerala's Building loyalty through the stomach A friendly business group Wise Presidents An inexplicable neglect Like Hinduism: many paths to reach God... Recognition to role of NBFCs.... Welcome thrust on trade in Modi’s foreign visits... Noble nonagenarians... Tax agriculture PPP mode for upgrading Corporation Hospitals Computation of GDP – conundrums continue More heat than light Bihar elections - the Rajaji formula worked Quality silica from Neyveli Increasing non co-operation of state leaders Shipping woes of Chennai companies Another Indian music maestro at the UN Adharma of opposition politics Make standards certification mandatory... Dr C Rangarajan returns to Chennai Online not in line with brick and mortar businesses... Insurance companies bleeding, yet no decision on increasing FDI limit! Small units prefers to remain small... Kulandai was a giant Quality education through the PPP mode Whistle-Stop Tour of Raghuram Rajan Of course, Gujarat is vibrant Preserving for the future Silver Years of Madras Musings Telangana in top gear… When small is no larger beautiful.. Liberal imports idling indigenous capacities WTO Meet: resolved to meet again Intellectual of rare qualities Put expensive assets created to use... CRS, a jewel among managers, is no more. The rise and fall of Annamalai University The star of Spencers is no more Delhi Chalo... S V Raju – a ‘good’ true liberal An enemy’s enemy is a friend The ‘Jayanthi Tax.’ Editor's Notes The few handicaps... Tatas moving out of urea production... Fortune 500 review Where a state respects its litterateurs… The power-full Hindujas Valli, they are more marginalised Where is Rajaji? Marketing expert Balagopal is no more A more liberated TN… Things happen by accident and not by design... He continues the focus on social amelioration Rs.1600 crore paper board plant of TNPL Lalu’s envy, India’s pride Gas is the way forward The Ports’ Pasha expands into Tamil Nadu Don’t seem to feel the pulse… A yen for wastage… London, London Narayan Cement prices continue to rise… Cutting the nose to spite the face TGS- The king storyteller The balancing act Delhi returns to BJP Which side are you, Montek? S Ramanathan – a versatile musician, musicologist Boy, can you beat these? Air Asia India will set new benchmarks for budget travel No mega rail project for Tamil Nadu
Towards speedy justice

For long, we have been pointing to the need for reform of the judiciary. There has been a huge pile up of cases at all three levels - district courts, High Courts, and the Supreme Court. An estimated four million cases are pending before the High Courts and 22.4 million cases before various other courts as of 12 August 2016. A three-judge bench headed by Chief Justice T S Thakur bitterly criticised the government for delaying the appointments of High Court judges. He pointed to 470 vacancies, 44.3 per cent of the total strength of judges.  “The entire system has collapsed. By the time an appeal is heard, the accused would have already served a life sentence.  This is unacceptable,” said the court.

The government has been sitting over this issue, stalling the transfer of judges and on the proposal of the Supreme Court Collegium on the appointment of 74 judges.

The sole power enjoyed by the Supreme Court for over two decades in the appointment and transfer of judges of the higher courts has not been to the liking of the executive. The government has been unhappy over the Apex Court striking down the National Judicial Appointments Commission Act in October last year. The NJAC sought to end the Supreme Court’s sole power to appoint judges. The NJAC suggested power for the executive to have an equal say with the potential to veto the recommendations of the Supreme Court.  

Shortage of judges has been only a part of the malaise. Senior advocate C Ramakrishna points to the severe shortfalls in systems and procedures and the low productivity of the entire system. IE has also pointed to the lack of attention at the admission stage, the indiscriminate sanctioning of adjournments and total unconcern for completion of the whole process within a reasonable time frame.  

The government has been responsible for a large number of cases. Tamil Nadu perhaps provides a striking example of this with the ruling party initiating libel suits against political opponents and journalists in different courts. Add to this the litigation propensity of corporates, and the government not agreeing with the verdicts of lower courts.

A significant number of grossly underemployed advocates are politically oriented and indulge in agitations and protests at the drop of the hat. Scores of days are lost at the Madras High Court through such agitations.

It used to be standard practice for advocates to take processions inside the court halls and shout at the courts including that of the Chief Justice. On 19 February 2009, one witnessed the most bizarre of agitations with lawyers throwing stones at the police and unruly elements setting fire to the police station inside the court premises.

The present Chief Justice of the Madras High Court, Sanjay Kishan Kaul, has been seriously attempting to bring order. A couple of his decisions resulted in the transfer of Justice C S Karnan, who had been refusing to work along with the Chief Justice and other colleagues.

A few months ago, Chief Justice Kaul brought about a significant change: worried about the limitations and inadequacy of the state police; he succeeded in handing over the security to the Central Industrial Security Force. The advocates obviously have not been happy about this change.

Some lawyers in Madurai defied the order of the Madras High Court making it mandatory for two-wheeler riders to wear helmets. Bus loads of advocates from Madurai marched through the court’s corridor shouting slogans.

Sadly, one witnesses a lack of concern for the rule of law and adherence to court orders. For several weeks now, advocates have been paralysing court work in protest of the rules framed to deal with unruly lawyers. Several upright judges of the High Court have been seeking transfer to other courts. Justice V Ramasubramaniam is one such. This erudite scholar known for several outstanding judgments requested such a transfer and recently shifted to Hyderabad.

Time was when leading advocates of Tamil Nadu were in demand for representing cases in Delhi, Mumbai and elsewhere.  Today, one witnesses the sad spectacle of the absence of such brilliant lawyers in the corridors of Madras High Court. The government engages lawyers from the north or the west to represent its cases. The malaise seems to start from the law colleges, which have become breeding grounds for political confrontations.

 In this light, the present confrontation between the highest judiciary and the executive at the Center is a matter of concern.

Author :
Reported On :
Sector :
Shoulder :
IE, the business magazine from south was launched in 1968 and pioneered business journalism in south. Through the 45 years IE has been focusing on well-presented and well-researched articles. When giants in the industry stumbled to keep pace with the digital revolution, IE stayed affixed embracing technology.
Read more
Economist Communications Ltd is committed to ensuring that your privacy is protected.
Read more
You agree that your use of this Website and the purchase of the magazine will be governed by these terms and conditions.
Read more
S-15, Industrial Estate,
Chennai - 600 032.
PHONE: +91 44 22501236