MEASURES TO CONTROL LITIGATION & PENDING CASES

MEASURES TO CONTROL LITIGATION & PENDING CASES

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SOLUTIONS: The best mechanism is to check litigations at its origin.

MEASURE 1:  CONTROL OF GOVERNMENT LITIGATION  

  • More than 50% cases are against central government, State governments and their departments.
  • Cases originate either because of arbitrary behaviour of officials or for not following the prescribed procedures of law, rules and regulations.
  • Litigation can be controlled by fixing liability of officials who are found at fault.

MEASURE 2:  CONTROL OF CRIME AGAINST WOMEN 

  • More than 30% cases belong to crimes against women and matrimonial matters.
  • Litigation can be controlled through counselling centres, legal aid centres and monetary disputes by arbitration.
  • Centres should consist of retired judges, experienced advocates, law professors and social workers, eminent members of society or NGO’s.
  • Members should give pro-bono services.
  • Each counselling bench to consist of three members – Judge, advocate, and other social groups.
  • Centres should be given powers of special court.

MEASURE 3: CONTROL OF CASES OF LAND ACQUISITION, ACCIDENT CLAIMS, INSURANCE, BUILDERS, INDUSTRIAL DISPUTES AND CONTRACT & COMMERCIAL DISPUTES ETC.
–    Disputes should be refereed to Arbitration Centres.

  • Arbitration centres should be final authority on such disputes until and unless there is some constitutional question.
  • Each Arbitration bench should consist of three following members:

Chairman: Retired High Court Judge or District & Session Judge

Member 1: Specialist Professional from the field to which dispute relates.

Member 2: From NGO or social worker or advocate working in that field.

MEASURE 4: STRUCTURAL REFORMS IN THE LEGAL AIDS CENTRES OF LAW FACULTY

  • Should consist of professors, advocates, retired judges, social workers providing pro-bono services.
  • Students should be involved in drafting, pleading and filing of cases on behalf of petitioners or victimised society.

 MEASURE 5: Establishing Arbitration Centres for Contractual, Commercial, and Industrial disputes through Private-Public Partnership Model at Universities which can provide excellent infrastructure, facilities and other resources. Law professors and legal professionals of repute should conduct arbitration and their award should be final.

Prof. (Dr.) Suman Gupta
Dean, Faculty of Law
SGT University

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