NCJ Number
141000
Journal
Justice System Journal Volume: 16 Issue: 1 Dated: (1992) Pages: 19-36
Date Published
1992
Length
18 pages
Annotation
This exploratory study identifies the reasons trial judges in India, as a group, have made little effort and have failed to exert greater control over the country's judicial process.
Abstract
A series of structural constraints, together with an imbalance of power between India's judges and attorneys, is responsible for a local legal culture in which judges lack both the incentive and the ability to extend more control over the pace of litigation. The system of judicial assignments, transfers, and promotions as now structured offer a judge in India minimal incentive to become involved in the time- consuming process of reform. Efforts to force change on the system do nothing to promote a judge's career and also may bring about a confrontation with attorneys in which the judge perceives limited prospect for support or success. A serious question remains about the ability to successfully exercise control over the process even in the presence of appropriate incentive. 37 footnotes and 77 references