Despite the verdict of the Apex Court, the role of the executives and legislatures could not be denied in appointing Judges upto any level. So the talk was going on to constitute a seperate Judicial commission with its full autonomy to appoint judges and control them with a set of code of conduct. No doubt the stoppage of work at the High Court of Calcutta for five days received wide media publicity. The authorities seem to be moving. Ghosh said, he received information of clearing the appointment of 7 judges by the Chief Justice of the Apex Court immediately after the lawyers’ strike. He, however, had no regret for inconvenience caused to the litigants, if any, due to their strike. The lawyers' strike was fairly aimed at strengthening the age old system of Judiciary which is in fact a burden to both the affected litigants as also the legislatures who are ‘liable’ to reply to the people, but the Judges and Lawyers |
are certainly not. So the
alternative dispute settlement mechanisms should be found in the right
earnest. In the USA, about 90 percent of cases are settled without any
adjudication. A study of cases in five federal district Courts and at least
one state Court in each federal district found less than 8 percent of the
cases had actually gone for trial. Should it, therefore, be meant that the
people of America were so stupid to settle their cases in the alternative
dispute settlement mechanisms other than Courts? The Legal community may take a lesson or two from America. Legal managers must find answer as to how the country of one billion people will be covered by the much-talked about Judiciary or through other recognised means. People, basically poorest of the poor, strongly believe that the Government system does not help them at all. |