CLAT Sample Paper UG-CLAT Mock Test-3 (2020)

  • question_answer
    Recently, there were talks to replace ‘judges’ by ‘cyber judges’, i.e. computers using AI. It might take some time, but it would be relatively simple in this age of Al, where reported cases have already been brought online, as reported by a New York-based law firm that has started using Al to draft petitions and arguments.
    For all cases, both sides must file all written arguments and pleadings with citation of law as well as case laws online before the “"cyber judge"” for its consideration, along with relevant proofs. The two sides should be given an opportunity to file their rebuttals of the assertions made by the other side.
    Based on arguments and counter arguments, the ‘'cyber judge'’ would pronounce the decision with complete reasoning, after appreciating all evidence, arguments, counter arguments, laws and legal cases cited. It is believed that such a decision would qualitatively be as good as what one would expect from a totally impartial judge.
    India as a true democracy takes immense pride in the separation of its executive and judiciary. However, it is a general perception that the judicial system today suffers from various Haws nepotism, favouritism, political pressures, media verdicts, public opinions, ego issues, besides alleged instances of corruption at various levels.
    A major problem in judicial system today is the fact that the influence of media reports and perceived public opinion weighs heavily on judges. As a result, the doctrines of '‘law is blind’' and that ‘'an accused is deemed innocent till proven guilty'’ seem to have been replaced by the principle that relief to an accused (say by way of bail) in a media reported case can only be considered when the particular news is no longer a major news.
    This situation prevails particularly with respect to high profile personalities accused for crimes ranging from criminal offences to economic offences to sexual misconduct and harassment, where the accused are pronounced guilty by media. It is generally perceived that the chances in cases involving such known personalities of getting a fair and unbiased hearing (at least at lower levels of judiciary) are low.
    Another serious problem that is well known is the exorbitantly expensive legal system where the legal fees of certain prominent lawyers have gone through the roof, mainly because it is believed that an ‘'appearance'’ by them can get the desired judgment or relief. For many individuals, and even corporates, legal remedies are getting beyond their means because of such high costs.
    If one is to carefully analyse the root cause for the issues pointed out above, there would only be one conclusion. And that is that all these problems and imperfections are caused due to the ‘'human angle'’ in the judiciary. Lack of human resources/capabilities and mixing human feelings and emotions with law and proofs cause the problems that we see in our judicial system today.
    In one stroke, the legal professionals will get judged and recognised on their abilities and intelligence as a lawyer and the hard work put in preparing a case and not on '‘reputation'’, seniority or the ability to mould arguments, presentations and pitches according to the personal preference or learnings of a judge.
    This would mean the end of the exorbitant legal fees charged today by seniors who quote millions of rupees for a mere ‘'appearance’' in a matter of ‘admission of a petition’ or '‘stay of proceedings’' even if the case is adjourned or does not come up for hearing.
    No influence of media reports and trials or propaganda carried out by interested parties-whether they be religious groups, political parties, powerful lobbies or corporate rivals.
    No scope for nepotism, favouritism or corruption.
    No more pendencies as the '‘cyber judges'’ would be able to work 24 7 without any fatigue.
    A radical reduction in the cost of maintaining judiciary, including freeing of very expensive and prime properties occupied by thousands of courts and lordships.
    Total elimination of government influence over judges.
    Which among the following is a major problem in Indian judicial system today?

    A) Influence of media

    B) Lack of knowledge and expertise

    C) Limited manpower

    D) Corrupt system

    Correct Answer: A

    Solution :

    (a) A major problem in judicial system today is the fact that the influence of media reports and perceived public opinion weighs heavily on judges. As a result, the doctrines of ‘law is blind’ and that ‘an accused is deemed innocent till proven guilty’ seem to have been replaced by the principle that relief to an accused (say by way of bail) in a media reported case can only be considered when the particular news is no longer a major news.


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