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Indian Law focussing on mediatory efforts: CJI
Wednesday, October 16 2002 12:31 Hrs (IST)

Justice B N Kirpal (left) at the swearing in of President Kalam Washington: Visiting Chief Justice B N Kirpal has said Indian Law has been changed to make increased use of mediation and soon the country will catch up with the US where about 90 per cent of cases are settled through mediation, as against the paltry one to two per cent in India.

Indian Law had been changed from July 1 to make increased use of mediation possible, said Kirpal, noting the American method of settling most court cases through mediation instead of letting the lawyers slug it out.

"The US took 20 years to reach where it is today on mediation. It won't take that long in India. India could catch up with the US may be within 5 or 10 years," Kirpal, who is leading an Indian judicial delegation to US at the invitation of US Chief Justice William H Rehnnquist told reporters on October 15.

The US Supreme Court receives about 7,000 petitions yearly, out of which they choose about 100 cases to decide while the Supreme Court of India receives 25,000 petitions and it decides many more cases than does the US Supreme Court, he said enumerating the differences.

There is a difference in the method of appointment and tenure of Justices also, he said.

In India, the retirement age is 65, and the Chief Justice is always appointed according to seniority. In the US, anyone can be appointed Chief Justice by the President subject to Senate confirmation, and there is no retirement age for Federal Court or Supreme Court judges, he said.

Under the Indian system of seniority, there is no possibility of favouritism because politics does not play any role in the appointment of Chief Justice, Kirpal said.

On the internships or clerkship for students which is a feature in the US Supreme Court, Kirpal said that a couple of months ago the Indian Supreme Court decided to have a similar system for students from Law schools.

"They receive an honorarium of Rs 7,000, which is inadequate for city accommodation. However, it should be possible to bring over students from England or America too under the system," he said, adding, "To what extent it will be beneficial to them, I do not know because the case law and procedures are not identical."

Asked why the US judicial system has been more successful than India in prosecuting people in high places, Kirpal said that courts act only when a person is brought to trial.

PTI






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