“Justice delayed is justice denied” and “justice hurried is justice buried” are oft quoted proverbs in legal studies. While the latter is rarely prevalent in India, the former has maligned the image of the Indian legal system considerably. Delay in disposal of cases, pendency of cases, especially those of civil and commercial nature, and inducing unnecessary procedural complexities in litigation process are hindrances that come in the way of access to justice. Several reports of the Law Commission of India have pointed out that the present situation is very grim with escalating number of pending cases in the courts in India. To add to this compelling situation, the COVID-19 pandemic has further disrupted the court proceedings by increasing burden, moving the hearings from physical to virtual courtrooms. The endeavour of the authors in this chapter has been to search for convincing reasons that have led to inordinate delays in disposal of civil cases and to find out possible solutions to this problem plaguing the Indian legal system.
{"title":"Administration of Civil Justice and Its Glorious Uncertainty in the Indian Legal System","authors":"Somasree Sarkar, Rathin Bandyopadhyay, Bidisha Bandyopadhyay","doi":"10.4018/978-1-7998-7898-8.ch006","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch006","url":null,"abstract":"“Justice delayed is justice denied” and “justice hurried is justice buried” are oft quoted proverbs in legal studies. While the latter is rarely prevalent in India, the former has maligned the image of the Indian legal system considerably. Delay in disposal of cases, pendency of cases, especially those of civil and commercial nature, and inducing unnecessary procedural complexities in litigation process are hindrances that come in the way of access to justice. Several reports of the Law Commission of India have pointed out that the present situation is very grim with escalating number of pending cases in the courts in India. To add to this compelling situation, the COVID-19 pandemic has further disrupted the court proceedings by increasing burden, moving the hearings from physical to virtual courtrooms. The endeavour of the authors in this chapter has been to search for convincing reasons that have led to inordinate delays in disposal of civil cases and to find out possible solutions to this problem plaguing the Indian legal system.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115716637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch012
Mark Asante, Thomas Prehi Botchway
Immunities, though part of the law of the land, are to a certain extent an exemption from the general law. Certain rights and immunities such as freedom of speech belong primarily to individual members of parliament and exist because the House cannot perform its functions without unimpeded use of the services of its members. Ostensibly, the degree to which members of parliament are immune from legal inquiry may presumably accord them greater probability to abuse their mandate. In general, a court summons is the beginning of a legal case. It signals the issue that needs to be adjudicated. However, the introduction of immunity invalidates some tenets of modern democracy such as a court summons. The authors seek to examine some of the uncertainties and ambiguities that might have arisen out of the court decision in the case Republic v Mahama Ayariga with much consideration of other cases. The chapter provides a thorough picture of the systems of parliamentary immunity and recommends ways of curbing observed challenges with the practice.
{"title":"Shielding Members of Parliament Against Court Summons","authors":"Mark Asante, Thomas Prehi Botchway","doi":"10.4018/978-1-7998-7898-8.ch012","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch012","url":null,"abstract":"Immunities, though part of the law of the land, are to a certain extent an exemption from the general law. Certain rights and immunities such as freedom of speech belong primarily to individual members of parliament and exist because the House cannot perform its functions without unimpeded use of the services of its members. Ostensibly, the degree to which members of parliament are immune from legal inquiry may presumably accord them greater probability to abuse their mandate. In general, a court summons is the beginning of a legal case. It signals the issue that needs to be adjudicated. However, the introduction of immunity invalidates some tenets of modern democracy such as a court summons. The authors seek to examine some of the uncertainties and ambiguities that might have arisen out of the court decision in the case Republic v Mahama Ayariga with much consideration of other cases. The chapter provides a thorough picture of the systems of parliamentary immunity and recommends ways of curbing observed challenges with the practice.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125629041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch004
Ishmael Mugari
Whilst there are various mechanisms to curb incidents of police abuse of power, legal control provides one of the most effective ways of enhancing police accountability. Though enforcement of the legal instruments may be a challenge, the mere presence of the legal instruments may provide a fertile ground for other accountability measures. This chapter, which is largely based on literature and documentary survey, explores the legal instruments of accountability in the Republic of Zimbabwe. The chapter specifically focuses on the Constitution and the Criminal Procedure and Evidence Act. The chapter begins by giving an overview of the international and regional legal framework before discussing the national legal framework for police accountability.
{"title":"Holding the Police to Account","authors":"Ishmael Mugari","doi":"10.4018/978-1-7998-7898-8.ch004","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch004","url":null,"abstract":"Whilst there are various mechanisms to curb incidents of police abuse of power, legal control provides one of the most effective ways of enhancing police accountability. Though enforcement of the legal instruments may be a challenge, the mere presence of the legal instruments may provide a fertile ground for other accountability measures. This chapter, which is largely based on literature and documentary survey, explores the legal instruments of accountability in the Republic of Zimbabwe. The chapter specifically focuses on the Constitution and the Criminal Procedure and Evidence Act. The chapter begins by giving an overview of the international and regional legal framework before discussing the national legal framework for police accountability.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130211216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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