Presently India is placed at poor 126th place in World Happiness Index out of 143 countries of the world, which is a cause of serious concern where even war-ridden Ukraine, Pakistan and other neighboring countries of India are placed better than in India. Main aspect for such poor ranking is where proverb “Justice delayed is Justice Denied” very well fits for helpless Indians seen crowded in courts for want of justice. The oldest pending The Berhampore Bank case filed on 31.01.1951 could finally be settled in January 2023 after long 72 years. There are about five crore cases pending in Indian courts. With average house-hold size taken as about 4.5 members per family, a substantial percentage of total Indian population is leading a highly tensed life flushing time and money like water in courts and advocates. It is noteworthy that number of court-cases in developed countries is far less and thus accounting for a brilliant World Happiness Index.
Main cause for such large number of court-cases is Perjury where it has become a usual tradition to speak lie in Indian courts and to file false affidavits with extremely low conviction-rate making wrong-doers worriless with no fear of law leading to a high crime-rate. On the contrary, conviction-rate in developed countries exceeds even 90-percent with Japan touching an ideal 99-percent thus having very low crime-rate.
System should be so reformed that lawyers themselves may not take cases which are apparently based on lies. Necessary changes should be done in recently introduced three new Acts namely Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita and Bhartiya Sakshya Adhiniyam whereby judges at all levels from lower courts to Supreme Court may themselves be empowered to take cognizance and action on false documents submitted in the courts apart from ordering punishment for those having attested documents without proper verification. Litigants should be fearful while lying in courts. If some stringent law on Perjury is legislated in India, more and more litigants will resort to plea-bargaining thus drastically cutting down number of court cases say to about 20-percent of the existing court-cases with ensured fast justice say even within a year. A cooling period of say three months can be provided to litigants and advocates to withdraw false documents already filed in courts.
Supreme Court in the matter “Swaran Singh versus State of Punjab” {(2000) 5 SCC 668) observed “Perjury has also become a way of life in the law courts. A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. This deters him from filing the complaint…”
A stringent law on Perjury can be beneficial for lawyers too where legal profession will gain enhanced reputation and trust amongst the commoners. Only serious aspirants will join law-courses creating demand for quality lawyers due to higher stakes with introduction of success fees as in advanced countries. There will be shift of young lawyers from court-rooms to business-houses for ensuring legal compliances which will further reduce court-cases.
Rajasthan High Court had to once direct action against two Oath Commissioners having attested an affidavit while the applicant was out of the country. Such an illegal practice is quite common when usually Oath Commissioners and Notary Public fulfill formality of attesting documents without verifying the person or signature whose signatures are to be attested. Time has come to abolish the totally outdated and useless practice of having Oath-Commissioners and Notary Public who are mostly in malpractice of charging fees much in excess than fixed by the government. Many fake Oath Commissioners and Notary Public have also emerged who sign after putting rubber-stamp in name of Oath Commissioner and Notary Public without noting details in the register which is mandatory to be kept by them. Instead power of attestation should be given to every registered lawyer. This will induce at least some accountability on lawyers too when they will be attesting for their clients. Power of attestation should also be given to layers, chartered-accountants, medical-practitioners, officers of government and public-sector-undertakings and other such responsible categories of persons. Station-House-Officers (SHOs) of police-stations who presently do not have such powers, may be authorized and duty-bound to free-of-cost attest documents of those who do not have easy access to authorities mentioned above.
It is high time that a study may be conducted on judicial-system of developed countries where case-disposal rate is exemplary high, and necessary reforms may be urgently undertaken to ensure justice within a year or so. Adjournments in court-cases may be exception rather than a practice as at present. This is despite the fact that several Division Benches of Supreme Court including the one comprising of Justices RV Ravindran and JM Panchal in January 2009 have observed and rightly too of the bitter reality that at times those having taken ex-party stay-orders seeking frequent adjournments ultimately lose the cases. Even the then Vice President Hamid Ansari once also desired liberal adjournments in courts need to be taken seriously by the judiciary for reforms within. Supreme Court also in the case Shiv Cotex vs Tirgun Auto observed that it is sad, but true, that the litigants seek and the courts grant adjournments at the drop of the hat further adding that adjournments have grown like cancer corroding the entire body of the justice delivery system.
It should be made compulsory for all judges from Supreme Court to trial-courts to record reason for recusal from the case on the file. Moreover, any such recusal should be informed immediately on setting up the bench or listing of such a case before a judge so that a new bench may be there for hearing without requiring any postponement of the hearing. A judge of Delhi High Court once recused herself from hearing a case where she herself issued notice to former President Pranab Mukerji after admitting a writ filed by some individual urging some contents of the book authored by the former President to be deleted. At times judges of higher courts have written to sitting Chief Justice of India about pressure and influence especially also from politicians. Making it compulsory to give reasons for recusal will prevent pressure and influence on judges. This system apart from being a crucial judicial reform, will further tend to reduce litigation-period due to adjournment because of recusal by any judge.
Long summer vacations in courts were designed by erstwhile British rulers to save British judges in India from severe hot weather of this country and also to facilitate them to visit their homeland in England. This costly facility unfortunately continues in free India even after 77 years of independence, that too with long pendency of court-cases. Long-pending recommendation of Law Commission for scrapping long court-vacations should be implemented. Courts should adopt normal government-calendars for holidays abolishing system of week-long vacations for religious festivals apart from long winter and summer vacations. Bringing court-vacations at par with government-offices will further reduce pending court-cases in India.
