MEASURES TO CONTROL LITIGATION & PENDING CASES
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.