Corruption in Indian Judiciary

CORRUPTION IN INDIAN JUDICIARY: IN PERSPECTIVE TO LITIGATION MANAGEMENT
PROJECT ON

LITIGATION MANAGEMENT
SUBMITTED IN PARTIAL FULFILMENT OF COURSE REQUIREMENTS OF LITIGATION MANAGEMENT (CLINICAL PAPER IV)
SUBMITTED TO MR. ANANT DEOGAONKAR & MR. MARIS PORT ASSISTANT PROFESSORS OF LAW GUJARAT NATIONAL LAW UNIVERSITY
SUBMITTED BY REGISTRATION NUMBER 08A006 & 08A067
CLINICAL PAPER IV ( LITIGATION MANAGEMENT)
ABSTRACT
An independent judicial system is something everyone wants. But many of the orders passed by different courts across India are making us to rethink about this topic. Is our judicial system is isolated from all sort of influences. When we talk about influences, people may think about corruption influence of money, political power etc. But I want to keep the topic little wider. The judges in our court are human beings. They are born and bought up by our society and they still live among us. The issues in their personal life, family problems, peer influence, media, etc can influence the way a human being think in all the matters. The present paper outlines the scenario of corruption in Indian Judiciary. The first chapter of the project deals with the introductory part. The second part of the dissertation deals with the corruption in Indian Judiciary. In this part of project authors have discussed various incidents of corruption in higher judiciary. Further authors have gone on to explain the concept of litigation management while discussing various definitions prevailing in various countries in separate chapter. The next chapter deals with the role of judges in litigation management. Finally project ends with the brief conclusion & suggestions.
Research Methodology
Research refers to the systemic method consisting of enunciating the problem, a hypothesis, collecting the facts, analyzing the facts and reaching the certain conclusion either in form of solution towards the concerned problem or for some theoretical formulation. The research design has been analytical, descriptive and doctrinal in nature.
Aims and Objectives

The aim of this paper is to analyze the corruption in Indian Judiciary. This paper highlights the importance of judges in present epoch for litigation management. The researcher has not limited the scope of the project to any specific jurisdiction and has tried to look at the role of judges in Canada, USA & Australia. The information provided in this paper is from primary as well as from secondary sources like books and articles. The mode of writing adopted by the researcher is analytical in nature while discussing the different ways through which judges can contribute in comprehensive litigation management.
Scope and Limitations

The scope of this paper extends primarily over jurisdiction viz. India, Australia, UK, Canada & USA. While the position in other countries has been briefly looked at, an in depth study has not been done on them. Further, within the legal profession, largely a study has been made of litigating lawyers, lawyers in law firms and Bar Councils.
Style of Writing and Mode of Citation

The style of writing is descriptive and primarily analytical. The footnoting has been done according to the norms set by the University, i.e., the Uniform system.
Sources of Data
The research is based on primary data collected through library and secondary sources of data. Case law, authors, articles and authorities on relevant sources have been extensively referred to. All sources used are duly cited.
Chapterisation
In order to facilitate a clear study of the subject, the paper has been suitably divided into five chapters. Chapter I traces the introduction of the project. Chapter II of the paper discusses corruption in Indian Judiciary & various legislations dealing with it. Chapter III deals with the concept of litigation management. Chapter IV deals with role of judges in litigation management. Chapter V deals with the conclusion & suggestions. These chapters are further divided into various headings & sub-headings.
HYPOTHESIS
Authors assume that corruption is persistent in higher judiciary. Authors further assume that judicial corruption in India is attributable to factors such as delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws. Final assumption of authors is that role of judges is equally vital like lawyer in meadow of litigation management. By keeping these assumptions in mind authors have structured their project.
Research Questions
The following are the broad questions which the research framed in order to analyse the project topic effectively:

What is corruption in Judiciary? What are the main reasons for corruption in judiciary? What are the legal frameworks dealing with corruption in judiciary? What is the concept of litigation management? What are the roles of judges in litigation management?
ACKNOWLEDGEMENT
We would like to take this opportunity to thank a few people without whose help this project would never have been completed. First of all, with immense pleasure, we express our special and sincere thanks to Mr. Anant Deogaonkar & Mr. Maris Port faculties for Litigation Management (Clinical Paper IV), for their active and valuable guidance, and helping us throughout in researching for this topic and without whom completion of this project would have been a dream for us. We are also very grateful to the University for providing us an opportunity to work on this interesting project. We are also very thankful to our friends who provided us support throughout the completion of the project. Without their invaluable support we would never have been able to get ahead in our project. We are also very thankful to the librarians and the computer lab of GNLU. We are thankful to all those who have helped us directly or indirectly. Last but not the least we are thankful to the All Mighty and our Parents for their blessings and never ending support. We are grateful to all of you. Thanking one and all.
CHAPTER 1 INTRODUCTION In our nation judiciary is one of the three pillars having co-existence with legislature and executive. It is also considered at a upper plinth amongst other three organs because as it can confine the other two pillars to their respective jurisdiction by restraining them to abuse their power according to constitution of India. It is not unfair to say that it acts as the guardian & ultimate interpreter of our constitution & people has at-most trust in it as it is last resort for justice to them. Earlier even renowned Jurist Lord Denning made that statement, judiciary may not have been infected with the virus of corrupt practices or it was so minimal. But the validity of the words of Lord Denning is losing its strength in current epoch as corruption is wrapping this pillar furtively. After the independence Indian Judiciary has taken great responsibilities by delivering several landmark judgments from In Re BERUBARI1 to latest Vodafone case2 involving various complex issues related to national interest on one hand & individual rights on other. But some incidents in these years have again raised fingers towards independent nature of Judiciary. Recently impeachment proceedings was initiated against Calcutta High Court judge3 apart from this alleged involvement of some high-profile judges (from subordinate to superior level) in the Ghaziabad provident fund case4 and the money received at the residence of a judge of Punjab & Haryana High Court, has again jolted the faith of the citizens in judiciary. and call for an effective mechanism to ensure the accountability and honesty in the judiciary. Peoples views were even shared by then & former Chief Justice of India S. P. Bharucha, who went on to comment that around 20 percent judges of higher judiciary are corrupt. 5 Now the question remains; can the judicial accountability be trusted upon any more? Does the judiciary hold the same value, as it had earlier? Is the judiciary abusing its freedom? Can judges be permitted to do anything in the guise of independence? These are the questions which still remained unanswered. In the current project authors have tried to answer these
1960 SC 845. CIVIL APPEAL NO.733 OF 2012. 3 http://www.hindu.com/2008/09/09/stories/2008090958460100.htm, Last visited on 18-02-2013. 4 http://news.webindia123.com/news/Articles/India/20080911/1049931.html, Last visited on 18-02-2013. 5 http://www.rmlnlu.ac.in/webj/corruption%20in%20judiciary_anoop.pdf, Last visited on 18-02-2013.
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questions in several chapters. The project starts with the corruption scenario in Indian judiciary. Further, it will discuss applicability of prevention of corruption laws on judiciary and the interpretation given by judiciary to these laws. Further authors will be dealing that how the roles of judges are of great importance in litigation management. This paper will also examine efforts done by the Legislature for plugging the flow of corruption in judiciary. Further the project ends with the brief conclusion with some suggestions.
CHAPTER 2 CORRUPTION IN INDIAN JUDICIARY

Corruption in India is a major issue and adversely affects its economy. 6 A 2005 study conducted by Transparency International in India found that more than 62% of Indians had first-hand experience of paying bribes or influence peddling to get jobs done in public offices successfully.78 In its 2008 study, Transparency International reports about 40% of Indians had earlier experience of paying bribes and using a contact to get a job done in public office.9 2.1 Report of Transparency International In 2012 India has ranked 94th out of 176 countries in Transparency International's Corruption Perceptions Index, tied with Benin, Colombia, Djibouti, Greece, Moldova, Mongolia, and Senegal.10 Unfortunately the main problem is that Indian judiciary is also involved in such corruption which further get more aggravated while looking into the independent nature of our judiciary as it is basically self-appointed entity which is not answerable to the legislature or executive. Though earlier there were several instances when judges of higher judiciary were pointed out for their misconduct but around half a decade ago report published by Transparency International (TI) called the "Global Corruption Report 2007" came with astounding conclusion that has taken as knock to the reputation of India's judiciary. 2.2 Corruption in Lower Judiciary
Nirvikar Singh (19 December 2010). "The trillion-dollar question". The Financial Express. http://www.financialexpress.com/news/the-trilliondollar-question/726482/0, Last visited on 18-02-2013 7 "Transparency International the global coalition against corruption", http://www.transparency.org/cpi2010/results Last visited on 18-02-2013. 8 Centre for Media Studies, India Corruption Study 2005: To Improve Governance: Volume I Key Highlights, New Delhi: Transparency International India, 30 June 2005. http://www.iri.org.in/related_readings/India%20Corruption%20Study%202005.pdf, Last visited on 18-02-2013. 9 "India Corruption Study 2008". Transparency International. 2008. http://www.transparencyindia.org/resource/survey_study/India%20Corruptino%20Study%202008.pdf, Last visited on 18-02-2013. 10 http://cpi.transparency.org/cpi2012/results/, last visited on 18-02-2013.
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The report was well framed by the Centre for Media Studies, depending on a nationwide appraisal in 2005 by conducting countrywide survey of "public perceptions and experiences of corruption in the lower judiciary,'' ensuing that a very high 77 percent of respondents believe the Indian judiciary is corrupt. According to it 'bribes seem to be solicited as the price of getting things done''. The estimated amount paid in bribes in a 12-month period it found was around 580 million dollars. 'Money was paid to the officials in the following proportions: 61 percent to lawyers; 29 percent to court officials; 5 percent to middlemen." This astonishing disclosure invited opinions of various jurists, like Upendra Baxi, former vice-chancellor of Delhi University, and professor at the University of Warwick in Britain went on to comment that It confirms what we have known for years and casts a shadow on the integrity of the judiciary. It also calls for urgent, drastic remedial measures." It is noteworthy that the report only covers lower or subordinate judiciary and excludes higher judiciary. According to Former Chief Justice of India V.N Khare suggested committee of judges shall be formed that will monitor punctuality, integrity and court orders of lower court. According to him such accountability will ensure the right kind of order is delivered in every petition.11 But Professor Baxi was so sad with the outcome that he told IPS news that there are credible reports that corruption has permeated the higher judiciary too.12 2.3 Corruption in Higher Judiciary This statement by Professor Baxi could have been considered as a hint to what was pending to come next year in 2008. In this year even Supreme Court was also taken into the controversies & various allegations were raised among which these are the following:1. Expensive private holidays at the tax payers expense13, 2. Refusal to divulge details of judges' assets to the public,14
Corruption Is Rampant In The Lower Courts http://www.outlookindia.com/article.aspx?281457, Last visited on 18-02-2013. 12 Praful Bidwai. "INDIA: Legal System in the Dock". http://www.ipsnews.net/2007/05/india-legal-system-in-thedock/, Last visited on 19-02-2013. 13 Judicial Accountability, http://indian-reflections.blogspot.in/2008/05/judicial-accountability.html. Last visited on 20-02-2013. 14 SC evasive on asset declaration by judges, The Times of India, 14 April 2008.
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3. Secrecy in the appointments of judges,15 4. Refusal to make information public under the Right to Information Act.16 The then Chief Justice of India K.G.Balakrishnan made a public statement that he is not a public servant as his post is not of a public servant, but that of a constitutional authority. 17 This statement again led to the huge havoc as no prior CJI has passed such comment even though everyone is aware that the post is really constitutional one, but the way in which he expressed his authority in the democratic nation where people choose their own leaders hurt many people. Tough he later back off.18 Further the judiciary has faced serious criticisms from both the former Presidents of India Pratibha Patil and APJ Abdul Kalam for failure in handling its duties properly.19 Even the Prime Minister of India, Dr.Manmohan Singh, has stated that corruption is one of the major challenges facing the judiciary, and suggested that there is an urgent need to eradicate this menace.20 2.4 Instances of Corruption in Judiciary 2.4.1 Veeraswami Case21 This case was foremost case dealing with corruption in higher judiciary. Main issues raised in this case were as follows:1. Whether judge of a high court or Supreme Court is a public servant or not; 2. Who is the sanctioning authority for prosecuting a judge of a high court or Supreme Court under the Prevention of Corruption Act, 1947; 3. Whether Prevention of Corruption Act, 1947 (hereinafter referred as Act) is applicable on judges or not etc. While deciding first issue court held that judges are public servant as per section 2 of the Act & section 21 of the IPC. The expression public servant, used in the Act, is undoubtedly wide enough to denote every judge, including judges of the high court and the Supreme
The case of judicial injustice, The Indian Express, 31 March 1999. RTI Act does not apply to my office: CJI, The Times of India, 20 April 2008. 17 Is the CJI a public servant?, The Times of India, 22 April 2008. 18 I am a public servant: CJI, The Times of India, 6 May 2008. 19 Delayed justice leading to lynching mobs: Pratibha, The Times of India, 24 February 2008. 20 Manmohan Singh calls for check on corruption in judiciary, Thaindian News, 19 April 2008. 21 K.Veeraswami v. Union of India, (1991) 3 SCC 655.
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Court.22 Drawing this analogy the court reached to a conclusion that judges are not immune from prosecution under the provisions of the Act for criminal offences committed during the tenure of their office. While answering second issue court held that the President is the competent authority to give previous sanction for the prosecution of a judge of the higher judiciary for the purpose of clause (c) of section 6(1) of the act. But Court further make the procedure complex by declaring that for securing independence of the institution and for protecting the honest and fearless judges from being harassed, ruled that no criminal case shall be registered under section 154 of CrPC. against a judge of the high court or of the Supreme Court unless it is in conformity with the opinion of the Chief justice of India. Coming to third issue court held that judges is outside the purview of the Act because he has retired from the service on attaining the age of superannuation and was not a public servant on the date of filing the charge-sheet. Therefore it is clear that retired judges will be outside the purview of this Act. 2.4.2 Justice Soumitra Sens Issue: - In an unanticipated move by the CJI, he wrote a letter to the prime minister, recommending that the proceedings contemplated by article 217(1) read with article 124(4) of the Constitution be initiated for removal of Justice Soumitra Sen, Judge, Calcutta High Court.23 This recommendation was made on the basis of suggestions made by an In-House Committee, in a report submitted to the CJI that Justice Sen be removed from the office. The Committee has in its report accused Justice Sen of breach of trust and misappropriation of Receivers funds for personal gain. The in-house committee found that Soumitra Sen did not have honest intention, since he mixed the money received as Receiver and his personal money and converted the Receivers money to his own use. The motion for his removal is not yet initiated. It is expected that the
10Justice V.R.Krishna Iyer also supported this view and says that every judge is oath-bound to dispense public justice without fear and favour, affection or ill-will. Public justice is public service and obviously, judges are public servant. All important constitutional authorities, like judges, ministers, Auditor General, Election Commissioner and Speaker of the House are a fortiori public servants of a superior and more profound obligation. He suggested that constitutional authority and public servant are not two antithetical categories but are, in public law, of the same class. For details, see V.R. Krishna Iyer, Law and Life at 13 & 14. 23 V., Venkatesan & S.S., Chattopadhyay, Judges in the Dock, Vol. 25, Frontline, Sep. 25-Oct. 10, 2008 at 32. See also http://www.hindu.com/nic/chief%20justice%20letter%20to%20pm.html Last visited on 2102-2013.
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history will not be repeated. If it is repeated it would be dishonour upon the Indian judiciary and its accountability.24 2.4.3 Ghaziabad Provident Fund Scam25:- This embezzlement is a very large scam of the judiciary involving 34 judges belonging subordinate to higher courts and a misappropriation of Rs. 49 crore from the Provident Fund of class III and IV employees. They are detected by the confessional statement made by Ashutosh Asthana, a Ghaziabad court official. Ashutosh Asthana confessed before the court that a large part of these funds which were withdrawn in the name of provident fund advances from the Treasury were used for payment of various household articles, which were supplied to a large number of sitting and retired judicial officers including some who were high court judges, and a Supreme Court Judge. He also displayed the documents which showed the purchase of these items from various dealers in Ghaziabad and also the transport of many of these items to the residences of many of these judges. Although the police had secured vouchers and delivery receipts as preliminary evidence, instead of granting clear permission to investigate the judges, the Registrar General of the Supreme Court (apparently under the orders of the CJI) wrote to the Ghaziabad S.S.P. to submit written questions which were proposed to be asked to each of these judges along with the evidence against the judges. However, the Uttar Pradesh police pleads its helplessness to investigate further the case with all its ramifications, the Supreme Court conceded the State governments request to hand over the case to the CBI. But unfortunately Ashutosh Asthana died in jail under suspicious conditions which created havoc. The present Union Law Minister has said that he would be watchful in this event.26 2.4.4 Cash-for-Judge Scam CJI Balakrishnan is the first Chief Justice of India who has granted permission to an investigating agency to register of a criminal case against judges of Punjab & Haryana High Court. This is for the first time that power conferred by Veeraswami case is exercised by any CJI. He allowed the CBI to interrogate two judges of the Punjab & Haryana High Court, Nirmaljit Kaur and Nirmal Yadav, in connection with the cash for judge scam. A law officer
The only impeachment proceeding has initiated so far was in the case of Justice V. Ramaswami. But the Parliament failed to remove him from the office because the members of the then ruling party abstained from voting on the motion in the Lok Sabha. 25 http://www.indianexpress.com?news?pf_scam_accused_nailed_judges_in_confession/365145 Last visited on 21-02-2013. 26 http://www.thehindu.com/2009/10/20/stories/2009102060852000.htm, last visited on 21-02-2013.
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sent Rs.15 lakh to Justice Nirmaljit Kaurs official residence and later claimed that it was meant for Justice Nirmal Yadav and had been delivered to Justice Kaur by mistake. Apart from these episodes there are few more instances where judiciary got shammed. Like, Justice Jagdish Bhalla, Chief Justice Himanchal Pradesh High Court was also traced in dealing with such mal-practices when he got a plot on nominal price by a land mafia, who was one of the parties to a case before him.27 In all above stated instances the judges, being a public servant, were alleged to be involved in corrupt practices even though the recourse of the Act was not taken. There is no justification as to why judiciary did not take recourse of the Act and went for process of removal under article 124, which is next to impossible. It is submitted that in a proceeding under article 124 a judge can merely be removed from his office and he cannot be convicted and punished. The matter will have to be closed with his removal and he will escape the criminal liability and even the ill-gotten money would not be confiscated.
2.5 Legislative Framework 2.5.1 Judges (Inquiry) Act, 1968 The Legislature exercised its power provided under article 124 (5) and enacted the Judges (inquiry) Act, 1968 (hereinafter as Judges Act). The object of this Act is to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the Supreme Court or of a High Court.
2.5.2 Constitution (98th Amendment) Bill: National Judicial Commission
Constitution (98th Amendment) Bill, was introduced in the Lok Sabha in 2003, which seeks to constitute a National Judicial Commission (hereinafter as NJC) by including Chapter IV A in Part V of the Constitution. The Bill also seeks to empower the NJC to draw up a code of ethics for Judges, inquire into cases of misconduct or deviant actions of a Judge other than those that are punishable with his removal, and advise the CJI or the Chief Justice of a high
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http://www.judicialreforms.org/files/pressreleasejusticebhalla.pdf. Last visited on 21-02-2013.
court appropriately after such inquiry.28 The hope for constituting NJC ended with the lapse of the Bill with the dissolution of the 13th Lok Sabha in January 2004.
2.5.3 Judges
(Enquiry) Bill, 2005:- In an attempt to weed out the corruption in the
judiciary, in 2005, the Law Commission of India in its 195th report laid down the provision of Judges (Enquiry) Bill to ensure the proper functioning of the judiciary. 29 The Judges (Enquiry) Bill, 2005 was presented in 2006 by the Law Commission. The bill tends to replace the Judges (Inquiry) Act, 1968, which looks into the matters of misbehaviour and incapacity of the high court and the Supreme Court judges30. The bill also lays down the provisions which can be relied upon, such as, the camera trial of the accused judge, disclosure of the assets of the judges, the filing of complaint by any individual before the NJC. Once the recommendations of the report are applied, there would be an easy mechanism to weed out the corruption from judiciary. 2.5.4 Judicial Standards and Accountability Bill, 2010:- It requires judges to declare their assets, lays down judicial standards, and establishes processes for removal of judges of the Supreme Court and High Courts. Further they will be required to declare their assets and liabilities, and also that of their spouse and children. The Bill establishes the National Judicial Oversight Committee, the Complaints Scrutiny Panel and an investigation committee31. Any person can make a complaint against a judge to the Oversight Committee on grounds of misbehaviour. A motion for removal of a judge on grounds of misbehaviour can also be moved in Parliament. Such a motion will be referred for further inquiry to the Oversight Committee. The Oversight Committee may issue advisories or warnings to judges, and also recommend their removal to the President.32 Apart from these bills, it is possible that new legislation as Judicial Accountability and Standards Bill 2012 will come in force soon to tackle with various complains against the judges33.
http://www.hinduonnet.com/fline/fl2011/stories/20030606003604000.htm. Last visited on 21-02-2013. http://www.hindu.com/2006/02/01/stories/2006020115770900.htm, Last visited on 21-02-2013. 30 http://www.indiatogether.org/2008/jan/law-judges.htm, Last visited on 21-02-2013. 31 http://upscguide.com/articles/essay-judicial-corruption-india, Last visited on 21-02-2013. 32 http://www.ias100.in/news_details.php?id=805, Last visited on 21-02-2013. 33 http://articles.economictimes.indiatimes.com/2012-12-01/news/35529068_1_judicial-accountability-high-courtssubordinate-courts, Last visited on 21-02-2013.
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CHAPTER 3 CONCEPT OF LITIGATION MANAGEMENT

Litigation management foster good attorney-client communication and permit the client to maintain effective control over the litigation process. Litigation clients deserve to be represented by knowledgeable litigators who can provide good strategic advice, follow welldefined practices for ensuring the admissibility of evidence, and use modern technology effectively to reduce the cost and improve quality of advocacy. Corporate clients expect a high level of competence especially in areas of high potential risk such as electronic discovery. Litigation managers should come to grip these challenges with certain best practices and principles for a sound Litigation Management such as 1. Development of high-level litigation management policies within the
Firm/Corporation/Association. 2. Drafting and implementation of these policies and procedures. 3. Regular audits to ensure adoption. In the United States of America, sec. 479(c)(1)-(3) of the Civil Justice Reform Act, 1990 which required case management Systems be introduced, was adopted in response to strong and persistent demand for reform of the civil litigation process to reduce cost and delay. In enacting it, Congress stated: Evidence suggests that an effective litigation management and cost-and-delay-reduction programme should in corporate several interrelated principles including 1. the differential treatment of cases that provides for individualized and specific management according to their needs, complexity, duration and probable litigation careers; 2. early involvement of a judicial officer in planning the progress of a case, controlling the discovery process, and scheduling hearings, trials and other litigation events; 3. regular communication between a judicial officer and attorneys during the pre-trial process.34
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Manual for Litigation Management and Cost and Delay Reduction, Federal Judicial Centre, 1992, Washington DC.
In Canada, according to the Ministry of Attorney General Ontario, Canada, 1993 as quoted in Lord Woolfs Interim Report, Chapter 5, Para 18, it is stated as follows: Case management is a comprehensive system of management of time and events in a law-suit as it proceeds through the justice system, from initiation to resolution. The two essential components of case-management system are the setting of a time table for pre-determined events and suspension of the progress of the law-suit through its time-table. The Australian Law Reform Commission in a background paper called Judicial and Case Management (1999) has elaborately considered this subject. It defines Judicial Management as a term used to describe all aspects of judicial involvement in the administration and management of courts and the cases before them. It includes procedural activism by judges in pre-trial and trial process and in case management. At its broadest, it also encompasses questions of court governance and court administration. Case management is defined as referring to process involving the control of movement of cases through a court or tribunal (case flow management) or the control of the total workload of a court or tribunal
CHAPTER 4 ROLE OF JUDGES IN LITIGATION MANAGEMENT

As discussed in previous chapter regarding conceptual definitions of litigation management in different countries, it is very much evident that though the role of lawyer is of great importance in management of litigation, but role of judges cant be negated. Case Management as a arrangement of rules has not been introduced in India. For the first time, pursuant to the direction issued by the Supreme Court of India in Salem Advocates Bar Association vs. Union of India35, the Committee constituted by the Supreme Court in that case has circulated Model Rules in a Consultation Paper sent to the High Courts, Bar Councils and Bar Associations. In this case court reviewed the report formed by committee headed by former Judge of this Court and Chairman, Law Commission of India (Justice M. Jagannadha Rao) dealing with the amendments made in 1999 & 2002 in code of civil procedure. The reports were submitted in three parts. Report No.3 deals with the Case Flow Management and Model Rules. The case management policy can yield remarkable results in achieving more disposal of the cases. Its mandate is for the Judge or an officer of the court to set a time-table and monitor a case from its initiation to its disposal. The Committee on survey of the progress made in other countries has come to a conclusion that the case management system has yielded exceedingly good results. Model Case Flow Management Rules have been separately dealt with for trial courts and first appellate subordinate courts and for High Courts. These draft Rules extensively deal with the various stages of the litigation. The High Courts can examine these Rules, discuss the matter and consider the question of adopting or making case law management and model rules with or without modification, so that a step forward is taken to provide to the litigating public a fair, speedy and inexpensive justice. Role of judges in litigation management is widely recognised in the United States. The courts substantive role consists of the Judges involvement not merely limited to procedural matters but refers to his becoming familiar, at an early stage, with the substantive issues in order to make informal rulings on issues, dispositions, and narrowing, and on related matters
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(2005) 6 SCC 344.
such as scheduling, bifurcation and consideration and discovery control. The Judge periodically monitors the progress of the litigation to see that schedules are being followed and to consider necessary modifications in the litigation plan. The Judge may call for interim reports between scheduled conferences. But, at the same time, time-limits and the controls and requirements are not imposed arbitrarily or without considering the views of counsel, and are subject to revision when warranted by the circumstances. Once having established a programme, however, the Judge expect schedules to be met and when necessary impose appropriate sanctions for dereliction and dilatory tactics.36Even Lord Woolf in his Reports on Case Management recognised the role of court. According to it court shall have an enlarged jurisdiction to give summary judgment on the application of the claimant or defendant or a courts own initiation, on the ground that a case has no realistic prospect of success. Further according to the Australian Law Reform Commission (1997) Case management is defined as referring to process involving the control of movement of cases through a court or tribunal (case flow management) or the control of the total workload of a court or tribunal. Case management in courts is often, but not always, performed by Judges. When it is performed by Judges, it is referred to as judicial case management. Further according to M. Soloman & D. Somesflot in their Case Flow Management to the Trial Court (American Bar Association, 1997) has identified the following aspects: 1. judicial commitment and control; 2. court consultation with the legal profession; 3. court supervision of case progress; 4. the case of standards and goals; 5. a monitoring information system; 6. listing for credible dates; 7. strict control of adjournments. In our country, we have not had any specific rules of case management where Judges monitor the movement of cases throughout its career in the Court or any system of different tracks. We have ad hoc systems improvised by each High Court but not a uniform system.
(Manual of Complex Litigation, 3rd1994, Federal Judicial Centre, Washington D.C., quoted in Lord Woolfs Interim Report, Chapter 5, para 20).
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CHAPTER 5 Conclusion
In the second chapter of the project corruption in Indian judiciary has been discussed. It is very much evident by that discussion that there is rampant corruption not only at lower judiciary but at higher judiciary also. The situation has arose to such a level that even Judges of apex court are criticizing the judiciary. Few years ago Supreme Court Bench comprising of Justice B N Agrawal, Justice V S Sirpurkar while hearing a matter commented that "We are not giving the certificate that no judge is corrupt. Black sheep are everywhere. It's only a question of degree."37Former Chief Justice of India Y.K Sabharwal also commented on the pendency of cases by saying that the justice delivery system has reached its nadir.38 Hence authors are satisfied with their assumption that corruption is persistent in Indian Judiciary. As per Supreme Court newsletter, there are 58519 cases pending in the Supreme Court, out of which 37385 are pending for more than a year, at the end of 2011. Excluding connected cases, there are still 33892 pending cases. As authors have already discussed the roles of judges in litigation management in previous chapters, it was evident that disposal of cases in effective manner is also the litigation management required active participation of judges. If delays will be done than probability of corruption will get higher & higher. Hence, authors are satisfied with the assumption taken by them in hypothesis at the advent of this project that the reasons attributable to the corruption in judiciary are "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws. SOME SUGGESTIONS AND RECOMMENDATIONS As we all know, that The Judicial Standards and Accountability Bill 2012, has already been passed in Lok Sabha and is yet to be passed in Rajya Sabha. The Judicial Standards and Accountability Bill 2012, should be bought into force as soon as possible to check the Standards and Accountability of Judges. Certain key features of the bill are as follows:
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Black sheep could be in judiciary too, admits Supreme Court. http://www.nerve.in/news:253500154207, Last visited on 2-03-2013. 38 http://humanrightsindia.blogspot.in/2008_02_01_archive.html, Last visited on 2-03-2013.
1. You can file complaint against any judge or chief justice of any High Court or Supreme Court, even against Chief Justice of India.., and at the same time you can request that your name may be kept confidential. Even the Judge against whom you complain, will not know that it is YOU who have made complaint. Isn't this a great step? In case you have any fears against the judge, you will be also given protection. (Sec.40). 2. Relatives of Judges were making corruption by charging a Lakh or more rupees just for filing vaklatnama in Court of their relative. Because as soon as their Vakalatnam comes, the judge transfers the case to other courts. So those who want that this judge should not hear their case, were engaging their relatives so as to change court indirectly. Now, it is not possible. (Sec.3(2)c) 3. And there are 100 such prohibitions on Judges of HC and SC. If you see any corrupt or inefficient judge, just file complaint. It will be investigated. If necessary special team of CBI officers will be set up to investigate corruption. Prosecution, Warnings, punishments including removal recommendations shall follow if judge is found guilty. Furthermore, other measures should also be taken to keep a check on corruption. Judges should be more diligent and should cater to wants of the general public at large rather than just act as paid public servants. Judiciary is an important organ of India and its prime motive should be the welfare of the people. There have been various programmes earlier as well on how to remove corruption in Indian Judiciary and programmes of such nature are to a certain extent, have been a success. ROLE OF JUDGES IN LITIGATION MANAGEMENT The introduction of management practices in the judiciary has been a topic of discussion for quite some time now. During this period, many ideas have been mooted to tackle the enormous backlog of pending cases. While some of these ideas were implemented, others did not cross the stage of discussion and debate. As time has changed so does the role of Judiciary in imparting justice, eventually role of judiciary has gone multi-disciplinary as now its time to manage courts in a way which consequently results in efficiency and increased potential to impart justice.
Judges as managers A judge is the person in charge of a Court. Barring any unforeseen event, the litigation before a judge has to be controlled by him. What is important in this regard is time management. It is for the judge to decide, for example, how many cases should be scheduled for hearing on any given day; how much time has to be granted for completing the procedural formalities such as completion of pleadings; how many adjournments if any, should be granted and how much time has to be allotted for the hearing of a case. Systematic and proper management of time in respect of each case will go a long way in reducing the laws delays. A judge must also determine the general complexity of a case so that the progress of a case can be effectively managed.
BIBLIOGRAPHY
LIST OF BOOKS REFERRED
1. A Course Book, Litigation Management: Pushing the envelope: Exploring trial and litigation management frontiers, (The Network of Trial Law Firms, 1997). 2. Guy P. Michelson, Litigation Management: Cost effective methods of handling litigation, (Washington State Bar Association Continuing Legal Education Committee , WSBA, 1984). 3. Peter Moore, Litigation Management, (Blackstone Press, 1990 ISBN 1875114025, 9781875114023). 4. Anne Kemp, Litigation Management, (Rutter Group, 1994). 5. Kevin M. Quinley, Litigation Management, (International Risk Management Institute, 1995 ISBN 1886813000, 9781886813007). 6. Roger S. Haydock, Peter B. Knapp, Ann Juergens, Lawyering Skills: Interviewing, Counseling & Negotiation, (West Group, 1996 ISBN 0314089136, 9780314089137) 7. Steven W Hays and Cole Handbook of Court Administration and Management, (Blease Graham Jr., edn., 1993). 8. Kevin M. Quinley, Time Management for Claims Professionals, (National Underwriter Company, July 2000 ISBN 0-9634957-1-2). 9. Kevin M. Quinley, Litigation Management, (International Risk Management Institute, 1995) 10. Henry J Brown and Arthur L. Marriott, ADR Principles and Practice, (2 nd edn.), Sweet and Maxwell (in 2 Vol.) (1999) 11. Robert J. Niemic, Donna Stienstra and Randall E. Ravitz, Management of Cases in ADR, Federal Judicial Centre (2001). LIST OF ARTCLES REFERRED Guide to Judicial
1. Charles B. Brown, Litigation Management : Optimizing Your Litigation Results, (Corp Law Associates LLC, Northfield, Illinois)
http://www.corplaw.com/NewsArticles/Litigation-Management-Article.pdf
2. Justice
M.
Jagannadha
Rao,
Case
Management
And
Its
Advantages,
http://lawcommissionofindia.nic.in/adr_conf/Mayo%20Rao%20case%20mngt%203.p df. 3. Justice Jitendra N. Bhatt, A Round Table Justice Through Lok-Adalat (Peoples Court) A Vibrant ADR in India, (2001 (3) Gujarat Law Herald (Journal) 13). 4. National Association for Court Management, Core Competency Curriculum Guidelines: Caseflow Management, http://www.nacmnet.org. 5. P.M. Bakshi, Alternative Dispute Resolution, (Vol.1 Part 2) Amity Law Review 43 6. Daniel Marcus and Jeffrey M. Senger, ADR and the Federal Government: Not Such Strange Bedfellows After All, (Vol.66, 2001 Missouri Law Review 709). 7. The Right Honorable the Lord Woolf, Master of the Rolls, Access to Justice- Final Report, (JULY 1996).
http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/civil/final/index.h tm 8. The Right Honorable the Lord Woolf, Master of the Rolls, Access to Justice- Final Report, (JULY1996).
http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/civil/final/index.h tm. 9. Lord Woolfs Interim Report on Access to Justice Chapter 5
http://www.jstor.org/pss/1097446 (A. A. S. Zuckerman The Modern Law Review Vol. 59, No. 6 (Nov., 1996), pp. 773-796 Blackwell Publishing on behalf of the Modern Law Review)
LIST OF REPORTS REFERRED 1. Report of the Australian Law Reform Commission on Judicial and Case Management (1996). 2. (Canadian) Civil Justice Reform Update (1999) http://www.cfcj-fcjc.org/issue_2/n2upd.htm. 3. Law Commission of India reports.
LIST OF STATUTES REFERRED

1. Indian Penal Code 2. Code of Civil Procedure
3. Civil Justice Reform Act, 1990 of USA 4. Judges (Enquiry) Act, 1968 5. Judges (Enquiry) Bill, 2005. 6. Judicial Standards and Accountability Bill, 2010. 7. Constitution of India.
LIST OF WEBSITES REFERRED
1. www.google.com 2. www.manupatra.com 3. www.outlookindia.com 4. www.indiancorruptjudges.com 5. www.wikipedia.com 6. www.catbarchd.in/judicial-corruption-role-of-advocates 7. www.hareshraichura.blogspot.in 8. www.legalservicesindia.com

Corruption in Indian Judiciary

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CORRUPTION IN INDIAN JUDICIARY: IN PERSPECTIVE TO LITIGATION MANAGEMENT