A series of provisions have been introduced in procedural laws to enable the expeditious disposal of criminal and civil cases. These include, amendment of Section 309, CrPC to discourage unnecessary adjournments; amendment of Section 320, CrPC to rationalise the list of compoundable offences; insertion of a new Chapter XXIA on plea bargaining; insertion of Section 436A for release of undertrial prisoners who have undergone half of the maximum imprisonment; and amendments to Sections 161(3), 164 and 275 of CrPC to allow use of audio / video technology in criminal cases.
Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of Supreme Court Justices is left to Congress — at times there have been as few as six, while the current number (nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869.
Judicial Process-There is a tendency on the part of public interest petitioners to assume that every good thing which society should aspire to achieve can be achieved through the instrumentality of the court. The judicial process provides remedies for constitutional or legal infractions. Public interest litigation allows a relaxation of the strict rules of locus standi.
The scope of interference in the matter of policy framed by the Government by courts is well settled. The Hon'ble Supreme Court in the decision reported in (2001) 3 SCC 635 (Ugar Sugar Works Ltd. v. Delhi Administration and ors)…