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Lessons for India
From the UK's @UKSupremeCourt judgement today in the case of R v Prime Minister (On appeals from: [2019] EWHC 2381 (QB) and [2019] CSIH 49).
In a landmark Judgement today, 11 Justices ruled unanimously that Prime Minister @BorisJohnson had acted unlawfully..
From the UK's @UKSupremeCourt judgement today in the case of R v Prime Minister (On appeals from: [2019] EWHC 2381 (QB) and [2019] CSIH 49).
In a landmark Judgement today, 11 Justices ruled unanimously that Prime Minister @BorisJohnson had acted unlawfully..
when he advised the Queen to prorogue Parliament for a period of 6 weeks from a date betn 9-12 Sep to 14 Oct 2019.
This is a landmark judgement and the fact that it is unanimous lends further to its weight. It led immediately to calls to @BorisJohnson to 'consider his position'
This is a landmark judgement and the fact that it is unanimous lends further to its weight. It led immediately to calls to @BorisJohnson to 'consider his position'
That phrase is code for "Resign!". Most Constitutional experts agree that under its unwritten Constitution the British Prime Minister wields great power - far more than say the US President. But #BoJo has been stymied ever since he became PM.
Many are commenting on the contrast between the UK courts and India where controversial Constitutional changes have been wrought (#Article370), #JammuAndKashmir was dismembered, millions have been disenfranchised and the Courts have yet to do anything
Others have resorted to satire, to make the stark contrast.
But outcome and verdict apart wghat are the lessons that India can take away? Not merely in cases of high constitutional import but in legal disputes in general?
But outcome and verdict apart wghat are the lessons that India can take away? Not merely in cases of high constitutional import but in legal disputes in general?
To my mind it is not just a case of judges having the spine to take the right decision without fear or favour. Who knows what, in any given situation, is the 'right' decision? It is a case rather, IMHO, of the PROCESS not the outcome.
Look at the time line in the recent UK case. See pic for the 2 relevant paragraphs in the judgement Summary. The full judgement is here: supremecourt.uk/cases/uksc-201… 
It boils down to Case Management. Walk into any Justice Centre in England and scan the Notice Boards for the days hearings. A fair number will be 'Case Management hearings'. The Judge and the lawyers for the plaintiff and the respondent agree on timelines and the case outline.
After that once the hearing dates are announced there is a plan, a time table and woe betide any lawyer who asks for an extension w/o exceptional cause. Witnesses turn up, submissions are handed in, exhibits and evidentiary document 'bundles' are shared.
Hearings and oral pleadings are allowed only to add value to the written submissions. The plan also includes time for the judge(s) to reach a verdict and write up the judgement to be handed down either by post or orally on the appointed day.
Look at the time line in the recent case involving the Prime MInister.
11 Sep High court rules in favour of PM, Scottish Court rules against. Both are appealed to SC
17-19 Sep. 3 days for oral hearings. In that one week each side had prepared voluminous submissions.
11 Sep High court rules in favour of PM, Scottish Court rules against. Both are appealed to SC
17-19 Sep. 3 days for oral hearings. In that one week each side had prepared voluminous submissions.
24 Sep: Judgement Day. Summay read out in court, Full judgement and summary pdf on website and on SC's Youtube channel. Watch it here:
All documents crystal clear, short crisp sentences, factually and technically accurate, Unambiguous w/o unnecessary verbosity and linguistic contortions. Lady Hale is a model of clarity n logic; the written Judgement is a masterpiece of elegant style! supremecourt.uk/cases/docs/uks…
So what are the lessons for the justice system in India? In a word I say it is case management. Just as you can forever research a book and never write it, so also a Judge can give in to the temptation to grant every plea for a postponement or adjournment 'to gather evidence'
But justice is not served by delay and obfuscation. One side may actually see benefit in interminable delay and hopes that the judge will not notice. But the Judge has to balance the interests of justice with the need for expediency.
The delays in the justice system in India beggars belief. How is it possible that the case of Tehalka editor Tarun Tejal still drags on 6 long years after the original alleged assault and rape? And I use that as one example of the millions-yes literally bloody MILLIONs of cases
That are stuck in Courts in India. This is a national scandal that everybody talks about. 'Something must be done', agrees everyone but equally No one seems capable of doing anything.
theprint.in/india/governan…
theprint.in/india/governan…
I dont have any magic bullet solution. Every idea that would solve the backlog problem at once seems fraught with the risk of trading an unjust outcome for a delayed outcome. Ideas please in a tweet by way of reply or RT with comment.
