Initiate legal reform

Calcutta High Court has its glorious past. There were judges who were considered legendary. Before Partition, there were lesser number of cases but it has increased for various reasons. Now, the Calcutta High Court has the highest number of cases.

While litigants are increasing for various reasons, the number of judges is not, neither has the infrastructure for disposing of such a large backlog been improved. The existing system requires changes otherwise it cannot produce any better result. In the USA, scholars are attached to every judge of the Supreme Court whose job it is to work on points raised before the court and who then make a summary of all cases considered by the Supreme Court or the other courts before the learned judge.

In the Indian judicial system, high court judges have to deal with and dispose of cases single-handedly either sitting in a single bench or division benches. But with a sharp increase in the number of cases and the arrears which are mounting, some changes are necessary to make the system more effective.

Every Judge has his own limitations. It is not possible for them to work round the clock or to devote more time than it is possible because it is undiluted intellectual work involved.

Time has come to change the present system of working of the judiciary to tackle the vast backlog. It would be unwise to put more pressure on the existing judges. The idea is to change the system so that judges are able to dispose off the matter and for this purpose, a judicial reform is necessary.

I can give you one example of how the courts can deliver speedy justice. This would also establish how the oldest high court still functions for its litigants. The Calcutta high court is also handling the charge of the judicial system of the Andaman and the Nicobar Islands, which is a union territory. This has been going on for long and the system that exists was that after every six months, two judges had to go to the islands for dealing with and disposing off cases. But with the passage of time the number of cases increased and the members of the bar there were agitating for a permanent circuit bench there.

Litigants of that island had to come to Calcutta for filing cases which was expensive and harassing for them. The Union law ministry was authorised to take steps. At that point of time, perhaps in 1991-92, the then Union law minister showed me the representation made by lawyers of the Andaman Nicobar bar through their association for resolving their demands and I requested the hon’ble minister not to take a decision in a hurry but to given some time to the Calcutta high court to sort out the matter. Then I approached the Chief Justice of the Calcutta high court who put the matter before a full court meeting for consideration. At the meeting, I proposed that instead of six months, the circuit bench should sit every month for 15 days at the beginning of the month. Two of our judges of the Calcutta high court would go there and hold circuit bench for two weeks and come back. And after a gap of two weeks another set of two judges would go there and do the same.

The resolution was passed unanimously and thereafter the circuit bench at Port Blair was established and is now running smoothly.