
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