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Year-End Review( Part-II)
(Law & Justice)
Judicial Reforms Given Top Priority:
The Congress led UPA Government which came into power in the second half of May, 2004 drafted a Common Minimum Programme which envisaged to preserve, protect and promote social harmony and to enforce the law without fear or favour. The new Government pledged to enact a Model Comprehensive Law to deal with communal violence and encourage the States to adopt that law for generating faith and confidence in minority communities.
The Government decided to set up an Administrative Reforms Commission for preparing a detailed blueprint for revamping the Public Administration System and also pledged to enact into law the Lok Pal Bill on which elaborate discussions have taken place on whether to bring in the President and the Prime Minister within the ambit of this law.
Judicial Reforms has been given utmost priority. Prompt steps have been taken to drastically cut delays in High Courts and lower courts. Judicial Reforms being essentially a management exercise, the Government has pledged to pool all its resources to streamline the system. As many as 222 vacancies had occurred in all the High Courts of the country against an approved strength of 719. Only 489 Judges were in place in High Courts by the end of June 2004. During the last six months as many as 79 Judges were appointed in various High Courts and the Government hopes to fill the remaining 143 vacancies by the end of 2005.
Action Taken to Clear Backlogs in HCs and Lower Courts:
In the backdrop of a scenario that 30 lakh cases were pending in the 21 High Courts of the country, the Government and the Supreme Court have jointly launched a drive to speed up disposal of these cases so that justice is delivered in time. Steps have been taken to introduce computers with internet system in almost all the courts so that records can be updated and disposal made easy and Intra-court and inter-court communication facilities developed through the system.
A Conference of Chief Justices of High Courts and Chief Ministers of all the States was held in the first half of October, 2004, to deliberate in depth the problems and speed up action for proper functioning of the High Courts and Lower Courts. The Prime Minister, Dr. Manmohan Singh and the Chief Justice of India, Shri R.C. Lahoti addressed the Conference. Such a Conference was held after 13 years.
Priority Action for Upgrading
Infrastructure Facility in Courts:
The Government has also decided to take it up on priority basis to upgrade the infrastructure facilities for courts by making more funds available for building court rooms and appointment of additional staff. The Law Minister, Shri H.R. Bhardwaj has insisted that the increase funding should continue for about six years to overcome the problems plaguing the subordinate judiciary.
POTA, 2002 Abolished and Unlawful Activities
(Prevention) Act, 2004 Promulgated:
Prevention of Terrorism Act,2002 was abolished and Unlawful Activities (Prevention) Act, 1967 strengthened to deal with the situation. Parliament passed the Unlawful Activities (Prevention) Act, 2004.
Phukan Commission on Tehalka Dissolved:
The Government also dissolved the Phukan Commission inquiring into the alleged Tehalka episode with the reason that it had failed to produce any result.
New Act for Removing Gender Discrimination:
The Hindu Succession (Amendment) Bill 2004 and Prevention of Child Marriage Bill 2004 were introduced in Parliament. The Hindu Succession Bill seeks to remove gender discrimination by giving equal right to daughters in ancestral property.
Chief Justice of India advises High Court Chief Justices to look out for competent women lawyers in their courts to elevate them as Judges.
Free Legal Service to Deserving Class:
The new Government has also initiated action for proper functioning of the Legal Service Authorities which are functional in almost all states. Under the scheme Free Legal Service is being provided to weaker sections of society so that the operation of legal system promotes justice on the basis of equal opportunity. Mostly, women and children, members of SC/ST, victims of trafficking, persons with disabilities, victims of natural disasters, persons in custody are covered under the scheme. A Free Legal Aid Week was observed throughout the country in the first half of November coinciding with the observance of the Legal Services Day on November 9, 2004.
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