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MAJOR DECISIONS AND INITIATIVES
LAW&JUSTICE
The UPA Government completes one year on May 21, 2005. During this period, the Government has taken several important initiatives. Some of these are being brought out in the series ‘Major Decisions and Initiatives’.
The 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 and also keeping in view the unprivileged section of the society. It also 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 has 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 being kept on utmost priority, the new Government has taken prompt steps to drastically cut delays in High Courts and lower levels of the judiciary. 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 the High Courts by the end of June 2004. During this one year a number of Judges were appointed in various High Courts and the Government hopes to fill all the vacancies by the end of 2005.
In the backdrop of a scenario that 30 lakh cases were pending in the 21 High Courts of the country, the UPA Government and the Supreme Court have been jointly making efforts to speed up disposal of these cases so that justice is delivered in time. For this, efforts have been made to speed up introduction of 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 can easily be developed through the system.
The 11th Finance Commission had recommended establishing 1734 Fast Track Courts to dispose of long pending Sessions and other cases. The Commission had also given funds for their functioning for five years which ended in March 31, 2005. These courts disposed off 6.87 lakh cases till March 31, 2005. But the 12th Finance Commission did not make any provision of funds for continuation of these courts. The Government has decided for the continuation of Fast Track Courts for a further period of five years.
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 Justice R.C. Lahoti, addressed the Conference and participated in the discussion, which included among other things rooting out corruption in all levels of judiciary. Such a Conference was held after 13 years.
The Government has also decided to take up on a priority basis making more funds available for upgradation of infrastructure facilities like building court rooms and appointment of additional staff. The Law Minister, Shri H.R. Bhardwaj, has been insisting that the increased funding will have to continue for about six years to overcome the problems plaguing the subordinate judiciary.
The Government decided to abolish POTA (Prevention of Terrorism Act) and instead to suitably amend the Unlawful Activities (Prevention) Act, 1967.
The Government also dissolved the Phukan Commission inquiring into the alleged Tehalka episode for the reason that it had failed to produce any report.
The Government has also initiated action for the proper functioning of the Legal Service Authorities which are functional in almost all States. Under the scheme, Free Legal Service is being provided to the 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. During the last one year about 13.82 lakh persons have benefited through legal aid and advice. Out of them, about 2,01,900 persons belonged to the SC and 40,875 to ST.
The National Legal Literacy Mission was launched by the National Legal Service Authority (NALSA) for the benefit of millions of poor and disadvantaged sections of the society. The basic purpose of the Mission is Legal Empowerment.
Under the Lok Adalat System about 1.94 lakh Lok Adalats were organized during the one year in which about 15 lakh cases were settled.
RK:LV
PIB SF-8 (8.5.05)
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