Supreme court judge feels decision are not be taken leading to litigation
GN Bureau | February 13, 2015
The senior most judge of the supreme court, justice TS thakur, has castigated the government for filing large number of cases in the court. According to him this "cannot be a good sign of good governance".
"No one is ready to take a decision. So everyone feels well this may be a right claim but why should I take the responsibility for this decision or anyone can raise a finger and say this man agreed to concede this claim for any extraneous consideration," he said.
"Experience has shown that that one reason which deters the government servants from taking any decision is that most settlement involves giving up something for larger gains. Officials often feel that giving up a part of claim may lead to investigation and inquiries against them," he said.
"Large number of cases coming to court is a good sign in the sense that people still have faith in judiciary and its efficacy to settle the matters but large number of cases coming against the government cannot be a good sign of good governance," Justice Thakur said on Thursday at the Asia-Pacific International Mediation summit in the national capital.
"Why should the government system not be responsive so as to prevent litigations where it can rationally and logically be prevented," Justice Thakur asked. "Govenment is the biggest litigant in the country. For past several years we are grappling with the problem of extensive litigation in which the government is involved," justice Thakur, who will be the next chief justice of India, said.
The judge said that every case filed irrespective of merits is burdening the judiciary, costing the exchequer and increasing the pendency of case. "This is something I say is deficit in governance. Governance is not just army, police, road, building etc but governance also is adjudicating rights of a citizen which is legitimately due to him," he said.
Justice Thakur said alternative dispute resolution mechanism is the need of the hour, considering the rate at which the country’s population is growing and its emergence as a big marketplace.
“Mediation is a great national service to the cause of justice. It spares the judiciary from insignificant cases and focus on those matters which impact the lives of people in the country,” he said, adding that mediation can galvanise the entire justice system, which is cost effective and a great service if developed effectively,” he said.
Historically, voter turnout for local elections has lagged behind state assembly elections and general elections. For example, a recent report by Janaagraha shows that Surat recorded 40 percent voter turnout in local polls, 30 percent less than state elections
A group of women were sensitized about their rights at a workshop held in the national capital on Saturday. They were informed about the anti-harassment laws and legal provisions to safeguard women inside and outside their workplace. The workshop – organ
The Narendra Modi- Arvind Kejriwal antagonism has always been about two different kinds of populism. While it may not play out in a municipal election, the fact remains that a Kejriwal chastened by Goa and Punjab faces a mid-term test in the municipal elections. For a politician harbouring intentions of
A plan to home-deliver petroleum products may look like an out-of-the-box idea, but it is not exactly a new one. Petroleum minister Dharmendra Pradhan tweeted: “Options being explored where petro products may be door delivered to consumers on pre booking. This would help consumers avoi
How do you view the state of contemporary Indian literature? Our cultural spaces are in a bad state – and this affects the writing, publishing and reading of literature. Over the last few years, we have seen far too many cases of the self-appointed thought police intim
On February 28, 2017, Khainu (Hadu) Bagarti, a farmer from Bargarh district of Odisha, died at the Burla government hospital. Burdened by crop failure and debt, he had consumed pesticide. This was spoken of as the state’s first farmer suicide of the year, as if it were a distinction. But the