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Justice Without Delay (1)

Justice Without Delay (1)

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Published by: CPLJ on Sep 16, 2010
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02/20/2013

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The subject of judicial procedure dominates Arun Mohan’s massive three-volume
work Justice, Courts, and Delays (2009). He surveys the civil and criminal

systems in their entirety and fnds particular procedural bottlenecks which,
if overcome, could improve effciency. This kind of anecdotal, qualitative work

by an experienced practitioner is certainly valuable, but gives little idea of the
contribution each reform would make in tackling the overall problem. Nor does
the work give us an idea of regional differences. A more critical perspective on

5 Judicial Impact Assessment: Report I and II; Law Commission of India Report No. 221; Law
Commission of India Report No. 230.

13

judicial procedure, including the imposition of uncertainty on weaker parties,
is provided by Amir Ullah Khan in his article “Costs and Glorious Uncertainty:
How Judicial Procedure Hurts the Poor.”6

Further careful scholarly work can
also help illuminate how reforms in judicial procedure impact particular groups
and generalized interests, so that policy-makers can understand choices in

cost-allocation and beneft-sharing.

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