Ad Here  
March
April
May
June
July
August
 
 
More heat than light A glass full of corruption A proud Madrasi Should we change the official year? Cutting the nose to spite the face Tihar, Puzhal not different from Parappana Agrahara More tributes to GR B H Kothari - a tribute Quality education through the PPP mode Why this malaise in medical education? Adapt Vajpayee dinner diplomacy Road development slows down Modi and the lady A professional at the helm of IRDA... Protest masters... TIAM turns a full cycle A Grand Finale for SN’s MS centenary at the US… Computation of GDP – conundrums continue Where a state respects its litterateurs… Auto components surge… More Shakthi to Das’ elbow Rs.1600 crore paper board plant of TNPL Liberal imports idling indigenous capacities Diamond jubilee of Egmore Samskrt School Maximising the micro pricing … Tough task taking states together Another Indian music maestro at the UN Fuel for thought The balancing act Silver Years of Madras Musings Reliance’s TV – 18 ready to launch Tamil News Channel Discoms deserve better… Intellectual of rare qualities The nuclear option R Sridhar steps down as CEO of Shriram Capital All eyes on Sankara Nethralaya Tatas moving out of urea production... Delhi is distant… Align crops to agro climate endowments… Noble nonagenarians... Recognition to role of NBFCs.... Moily’s bold thrust Streamlining mandatory third party cover Sri Lanka votes for change The brown list of Venkitaramanan Lalu’s envy, India’s pride PPP mode for upgrading Corporation Hospitals Whistle-Stop Tour of Raghuram Rajan CSR and CMI: promise of another Srinivasan Ramanujan... Of course, Gujarat is vibrant For whom the bell tolls? L&T- the specialty of special purpose vehicles Lesson from Chandrababu Naidu Bihar – Nitish Kumar adopts the Lalu model Breaththrough in malaria control Don’t seem to feel the pulse… Tax agriculture Put expensive assets created to use... Excel Generators provide the vital back-up Adharma of opposition politics A friendly business group SoA @ 80 Small units prefers to remain small... Tribute – UCAL Selvan… Fortune 500 review Shipping woes of Chennai companies Cement prices continue to rise… When Ratan Tata visited SRM Welcome GST A C Muthiah – his munificent bequeaths to science No Maha Koottani in TN... Tribute CRS, a jewel among managers, is no more. Wise Presidents Online not in line with brick and mortar businesses... Demise of a media baron... TN accounts for the largest recruits by the IT sector Why land prices zoom in TN? Colour-Chem’s colourful KRVS A rich pool of talent not utilised…. How Air-India loses customs... TN-leverage strength of BHEL, NLC... TELANGANA at last…BUT Which side are you, Montek? London, London Narayan Roaring Ro-Ro facility Waning interest in public discussions… An enemy’s enemy is a friend S V Raju – a ‘good’ true liberal Valli, they are more marginalised Kudos to NDTV... More Shakti to resource mobilisation... GNS - 100: our first subscriber Marketing expert Balagopal is no more Welcome focus on core competence Measuring roof tops in terms of KW/MW The ‘Ayyo-yes’ is no more Revive development banks... Multi-faceted Venkat The Jan Dhan bonanza CIPET hqrs to stay at Guindy – for the present? Boy, can you beat these? China invests in India Limit foreign borrowings to hi-tech, export potential projects... Gas is the way forward When TN politicians can emulate Kerala's The Swadeshi Trump Airlines in India: cost and space Delhi is distant Robber barons everywhere Naidu will soon build a new Hyderabad Making ‘my Amaravati’... Kinetic Karnataka There was flood of milk. Reason: no milk commissioner! Quality silica from Neyveli A more liberated TN… Build close rapport with business leaders Solar thermal shines… IPL type auction for VCs? Haul over the coal No engine for this car MHC should not return to its old indisciplined ways Scientists urged to take up farmer-oriented research Solar, solar everywhere … Sweeter prospects for sugar Fall in crude prices help in oil sector reform Godspeed, Chief Minister JJ A welcome initiative by the judiciary The power-full Hindujas Funding the un-funded Contrarian cousins Come elections, come advertisements... Things happen by accident and not by design... Delhi returns to BJP This scant respect for Law Inflation: are we emulating Argentina and Brazil? An informal presentation - analytical, forward locking... Revving up the manufacturing sector Varuna (rain) in 2015; Vaayu (air) in 2016. Chennai devastated Towards speedy justice EEC at the National Media Centre Editor's Says The sea- saw battle continues... The rise and fall of Annamalai University Mu Sigma – is no more The rise and rise of KCP Medical costs hit the roof... A yen for wastage… EVM is tamper-proof S Ramanathan – a versatile musician, musicologist An inexplicable neglect Cleaning Ganga – relocate tanneries and install electric crematoria Music happens Delhi Chalo... Muffled voices for merit… Pharma – overdose of copying Tribute – M V Murugappan Dr C Rangarajan returns to Chennai GM Technology at last! Land reclamation from sea appears cheaper! Infrastructure funding – lessons learnt Shaming of Tamils by Tamil farmers at Delhi A think tank for Chennai When small is no larger beautiful.. Paytm karo... Increasing non co-operation of state leaders Sweet news for TN sugar mills Kulandai was a giant He continues the focus on social amelioration Rahman at CIC Not just in-laws (and outlaws); they’ve renowned academics at the helm! Eternal support for capitalisation of PS banks …and of a popular trade leader TN – agglomerate land holdings without alienating ownership Air Asia India will set new benchmarks for budget travel Five star activism stalls development activity Wanted: a second airport for Chennai For whom the MIDS bell tolls? He saved millions from starvation... Tatas moving out of urea production... Padma Bhushan for A Ramakrishna Modi storms Silicon Valley Bihar elections - the Rajaji formula worked Remembering Indira Sivasailam... Plummeting profits of PSBs Insurance companies bleeding, yet no decision on increasing FDI limit! When nations steal growth from one another… Permanent secretariat for TN GIM Telangana in top gear… When online building permits work…. Russi Mody – a tribute The ‘Jayanthi Tax.’ Return to king coal for urea... Welcome changes that testify to Jayalalithaa’s return to health Welcome thrust on trade in Modi’s foreign visits... The star of Spencers is no more Banning booze... PC’s preference for professionals Make standards certification mandatory... Editor's Notes IPL - no surprise this scam When the President was rendered homeless… Mersal magnified Building loyalty through the stomach Gay abandon in pricing Naidu’s return augurs well for Seemandhra F C Kohli - his concerns all embracing Strengthen the base... West Bengal: mindless malignancy The Ports’ Pasha expands into Tamil Nadu Convulsions in The Hindu The few handicaps... Odisha: spectacular win by Naveen Patnaik Parliament in paralysis... CII projects higher growth… Engineering seats go abegging Poor representation for Kerala and TN in Cabinet Fortune for Indian Airlines TGS- The king storyteller WTO Meet: resolved to meet again ONGC at KG Basin Like Hinduism: many paths to reach God... IAS invades NDDB... Shale gas and its shallow future Where is Rajaji? Polls and promises Vibrant Gujarat Focus on quality of power - its only around 170-180V New IT products of Ramco in the pipeline… L&T: focus on infrastructure and more infrastructure… Poor quality of university VCs Chennai and Kolkata miss opportunity to grow as Delhi and Mumbai No mega rail project for Tamil Nadu Alexa – Talking Wikipedia Nuclear power at the nucleus The why of tax incentives A Grand Finale for SN’s MS centenary at the US… Shanti and Sadhana through Music Secularism and anti-Hinduism 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 Preserving for the future The Gulf aviation boom Tribute – Manikam Ramaswami Readers' Mail
 
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 :
RELATED NEWS
ABOUT IE
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
 
PRIVACY POLICY
Economist Communications Ltd is committed to ensuring that your privacy is protected.
Read more
TERMS AND CONDITIONS
You agree that your use of this Website and the purchase of the magazine will be governed by these terms and conditions.
Read more
 
CONTACT US
S-15, Industrial Estate,
Guindy,
Chennai - 600 032.
PHONE: +91 44 22501236
EMAIL: indecom1968@gmail.com