Sunday, February 15, 2009

And you thought Canadian courts were slow???

The problems in India are well known and impact the economy. Virtually all significant Indian contracts are drafted to provide any litigation will take place in the United Kingdom only:


India court 466 years behind schedule Judges spend about 5 minutes on cases, but thousands still pending

The Associated Press

NEW DELHI - The High Court in New Delhi is so behind in its work that it could take up to 466 years to clear the enormous backlog, the court's chief justice said in a damning report that illustrates the decrepitude of India's judicial system.

The Delhi High Court races through each case in an average of four minutes and 55 seconds but still has tens of thousands of cases pending, including upward of 600 that are more than 20 years old, according to the report.

The problems of the Delhi High Court, which hears civil, criminal, and constitutional cases, is more the standard than the exception in India.

The country's creaky judicial system has long been plagued by corruption, inefficiency and lack of accountability, often making the rule of law unattainable for all but the wealthy and the well-connected. The United Nations Development Program says some 20 million legal cases are pending in India.

"It's a completely collapsed system," said Prashant Bhushan, a well-known lawyer in New Delhi. "This country only lives under the illusion that there is a judicial system.

"One reason for the delays is that there aren't enough sitting judges. India — a country of 1.1 billion people — has approximately 11 judges for every million people compared with roughly 110 per million in the United States.

India's Justice Ministry last year called for an increase of 50 judges per million people by 2013, but it was unclear how the government would pay for such a massive overhaul.

http://www.msnbc.msn.com/id/29164027/from/ET/
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

3 comments:

Anonymous said...

"NEW DELHI - The High Court in New Delhi is so behind in its work that it could take up to 466 years to clear the enormous backlog, the court's chief justice said in a damning report that illustrates the decrepitude of India's judicial system."

Boy and we complain in this country that our court system are slow! "LOL" They probably accept way too many cases where as in this country wouldn't get passed the smell test. Just a guess! Also I think the size of their population has something to do with it.

"The Delhi High Court races through each case in an average of four minutes and 55 seconds but still has tens of thousands of cases pending, including upward of 600 that are more than 20 years old, according to the report."

What kind of justice can someone really get,when they go threw each court case on average in about 5 min ? What happens to the testimony that may wait more then 20 years for their court case? People forget what they had for breakfast that very morning. Now imagine you are called to testify for something that has happened more then 20 years ago. Democracy in my opinion suffers. What do you think about this situation, Mr.Morton since your a lawyer? Very good post! "Thank You!"

Anonymous said...

One way it that maybe fixed is...,I know that this sounds crazy,cancel all court cases up to now. Accept only court cases from this day forward with of course reforms. Because what happens if they go threw those court cases that are over 20 years old,new cases will pop up every day. The new court cases will be put on the side. In which every twenty or so years you will have the same problem. Every 20 years they will have 20 year old cases.It will never end.Like I said I know it sounds crazy. I'm no lawyer. It's just a thought. What's your's?

James C Morton said...

Right,

It's an indea -- we did sort of the same with Askov years ago -- cleared the criminal lists and started again!