Judicial Delay Paralyses Growth

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High Court flays officials for digging up roads www.ambitionias.com
  • Measures employed by Courts in the name of inclusive growth has indirectly resulted in a reduction of India’s economic growth as it has made legitimate business increasingly difficult thereby stagnating growth by itself.
  • Land acquisition Bill: while it was aimed as fair and quick acquisition, it has made virtually impossible to acquire land for roads, ports and other infrastructures. Higher compensation declared necessitates social impact assessment for each project, thus increasing associated costs and delays.
  • Clinical Trails: In cases of fraud in clinical trials such as companies are the patients in dark about the associated risks, declining insurance and compensation and negligence leading to death, the guilty should be immediately prosecuted and jailed. But Court’s focus on new procedures for clinical trials rather than on quick judgement has not only failed to deter the wrongdoers, but has also caused huge delays and costs for legitimate activity.
  • The Serum Institute of India and Lupin Pharmaceuticals has shifted outside countries for this very reason. As seen in other countries, focus should be on swift punishment that deter the guilty and therefore result in fewer malpractices.
  • Iron ore and Coal Mining: Ban on iron mining and freezing of coal allocations is not the right way to nail the guilty, particularly so because so far no illegal miners have been convicted, but legitimate miners have suffered huge losses.
  • Illegal sand mining: Curbing of mining from river beds on environmental grounds has rocketed the price of sand. Clearances, refusal of licences will not reduce illegal activity, but in fact increase the country’s dependence on sand mafia.
  • Courts are designed to test for the accordance of activities with law and not to design policies. They should hence limit their activism to extreme cases of corrupt governance as their activities are penalising honest entrepreneurs and bureaucrats.
  • Misgovernance in India is the by product of crooked men in power, badly designed and a dyfuntional police judicial system where the never-ending legal delays make a crooked man out of a honest man. The solution therefore lies in quick justice, not policy takeover by Courts.
  • Read at: http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2014/04/27&PageLabel=19&EntityId=Ar01903&ViewMode=HTML

Exams Perspective:

  1. Policy Implementation Issues
  2. Judicial Activism
  3. Illegal Sandmining
  4. Police Reforms
  5. Judicial Reforms
  6. Police-Judiciary Relations
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