Democratic Judiciary System
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Democratic judiciary system

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Present judiciary system that we have was developed by British Raj and according to that, people were its subjects or tenants. And the government was owner. Therefore, we see many irregularities in our present judiciary system with respect to our democratic system that we have adopted to have law and order as well as justice. Imperial judiciary system that British introduced here treats all common persons as potential criminals; and because of that this notion which designs the laws treats both plaintiff and the accused on per at the time of the trial. This also has bad effect on our Police Act, as in that also all common persons are treated as if they are all potential criminals. In the true democratic system all persons must be taken as not criminals and treated respectfully both at the police station and court. All imperial styled laws need be changed as per my opinion. Here I am giving my ideas about how at law courts judges should work with the complaining parties.

There are other objections; neither plaintiff nor accused know the quality of the judge, who hears the case. To make things transparent a bio-data of Judge should be available to these parties. We have rules for the bank to 'know your customer (kyc)' but we do not have 'know your judge (kyj)' facility. Everything is taken for granted and this method is definitely not suitable in democracy. People have a right to know their judge. If banks have a rule by that they demand to know their costumer (kyc). Similarly, know your judge (kyj) is essential, so that both plaintiff and the accused shall know who is deciding their fate.

Following information of the judge is essential for the public concerned with the case. To know his ability as intelligent person, as knowledgeable person, as experienced person, so that people can trust work of the case to him.

Information that must be furnished by the judge is as follows. Mark list of his/her school leaving exam. Mark list of intermediate exam, mark list of graduation and finally details of law degree passing exam. Mark list if any, for the exam for judge. This shall prove his academic intelligence.

His/her other academic and intellectual activities related to law and also other subjects, this shall give general idea of his/her capacity as a knowledgeable person. We see many judges are not having enough information of specialized matter concerning the case he/she hears.

His/her experience as a lawyer, in this how many cases worked, how many resolved successfully, how many lost, how many remained unresolved. Information of his career as a judge, so far.

This bio-data or career data of the judge should be placed outside the Court room where he/she sits. People will know the ability of the person as a judge from this information.

Prior approval of the plaintiff as well as accused is not needed as per present practice before appointing a judge to look into the case. This is not proper as per democratic requirements. This is an example of gross disrespect for the citizens; typical of an imperial system.

Nowadays, at the beginning of a case lawyer is not obliged to declare his/her relation or contact position with the judge. Very often this relation or special friendships matter in most cases. We often see that due to special relations or friendship, cases are manipulated for the advantage of that side. To maintain good conduct during the case, care should be taken that judges are not having any special relations with advocates who work for the case. It should be mandatory for both, judge as well as advocates that they declare if they know each other as good friends or not as well as, if they are anomic to each other. Very often this relations have serious effects on the results of the case.

While giving ruling the judge must clearly specify compulsorily whether he/she is giving a verdict, an opinion or a suggestion. This shall remove many complications those may develop afterwards. I hope my readers will help me pass on this suggestion to the public for wider discussion.

 

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ashokkothare@gmail.com

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