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ADDRESSING THE REAL ISSUES BEHIND JUDICIAL DELAYS

Syllabus:

GS 2:

Structure, Organization and Functioning of the Executive and the Judiciary Issues arising out of their Design and Implementation.

Why in the News?

Recent comments by a member of the Prime Minister’s Economic Advisory Council have reignited the debate over judicial vacations and their impact on case backlogs, drawing attention to deeper structural issues within the Indian judiciary.

Source: HT

Misleading Focus on Court Holidays

• Debate on Court Holidays: The debate about the impact of court holidays on judicial efficiency has been reignited by remarks from a member of the Prime Minister’s Economic Advisory Council.
• Superficial Criticisms: Criticisms about judges working limited hours and taking long vacations are often oversimplified and fail to address deeper issues.
• Red Herring: Focusing on whether judges sit for 200 or 365 days a year distracts from the real reasons behind judicial backlogs.
• Misleading Impressions: The notion that reducing judicial holidays would eliminate case arrears is misleading and ignores systemic problems.
• Manufactured Imagery: Such criticisms create a false image of judges as pampered and unaccountable, which diverts attention from structural inadequacies.

Structural Problems in the Judiciary

• Judicial Vacancies: A significant factor contributing to case backlogs is the chronic shortage of judges across various courts.
• High Court Vacancies: High court vacancies average 30%, with some states experiencing nearly 50% vacancies, exacerbating delays.
• Subordinate Court Shortages: Subordinate courts also face significant shortages, with vacancy rates around 22%.
• Historical Recommendations Ignored: Despite recommendations for increasing the number of judges, such as the 1987 Law Commission’s report, the judicial system remains understaffed.
• Comparison with BRICS Nations: India’s ratio of judges per population is significantly lower than its BRICS counterparts, highlighting the need for more judicial appointments.

Contributing Factors to Judicial Delays

• Case Complexity: The types and complexity of cases contribute significantly to delays in the judicial process.
• Lawyer Tactics: Lawyers often use strategies to prolong trials, which contributes to the backlog.
• Inadequate Infrastructure: Although more courtrooms are being built, there is still a shortage, and many existing ones are sub-optimal.
• Support Staff Shortages: A national average of 26% shortage in support staff, such as clerks and typists, further delays proceedings.
• Quality Deficits: Inconsistent quality among judges and lawyers, particularly in language proficiency and legal acumen, leads to procedural delays and increased appeals.

Administrative and Cultural Issues

• Legal Culture: A permissive legal culture allows for unjustified applications, endless adjournments, and unmeritorious appeals.
• Paperwork Overload: Excessive documentation and lengthy judgments contribute to inefficiencies in the judicial process.
• Technology Adoption: Slow and uneven adoption of technology, along with issues like erratic electricity and bandwidth, hampers judicial efficiency.
• Government Litigation: Excessive government litigation accounts for roughly 50% of court cases, adding to the backlog.
• Legislative Impact: New legislation often adds to the court load without considering the additional burden on the judiciary.

Potential Solutions

• Government Coordination: State and central governments need to work together to find solutions to the judicial backlog.
• Reduce Government Litigation: Efforts to reduce and rationalize government litigation should be intensified and evaluated for effectiveness.
• Administrative Reforms: Establishing permanent administrative secretariats in courts to handle management tasks could improve efficiency.
• Improved Judicial Training: Setting higher standards for judicial appointments and practice can enhance the quality of justice dispensed.
• Increased Funding: Allocating more resources to the judiciary is essential for improving infrastructure and reducing case backlogs.

Structural and Systemic Changes

• Efficient Court Management: Adopting court management practices from other jurisdictions can help streamline judicial processes.
• Specialist Courts: Creating specialist courts for specific types of cases can help manage the load and reduce delays.
• Pre-Legislative Assessments: Assessing the impact of new laws on the judicial system before enactment can prevent additional burdens.
• Outdated Laws: Cleaning out outdated laws and procedures can help streamline case handling and reduce backlogs.
• Technological Solutions: Embracing technology to improve efficiency and communication within the judiciary is crucial.

The Role of Technology and Data

• Adoption of Technology: Greater adoption of technology can improve efficiency in court processes, from case management to communication.
• Data Availability: Comprehensive, publicly available data on court performance and government litigation can help identify areas for improvement.
• Electronic Communication: Innovations like electronic communication of bail orders directly to prisons can help reduce delays.
• Online Case Management: Implementing robust online case management systems can streamline processes and reduce administrative burdens.
• Bandwidth and Infrastructure: Improving internet infrastructure and bandwidth in courts is necessary for effective technology adoption.

Cultural and Educational Reforms

• Legal Education: Enhancing legal education and continuous professional development for judges and lawyers can improve judicial quality.
• Professional Standards: Setting and enforcing higher professional standards for practice can reduce inefficiencies and improve case outcomes.
• Collusive Practices: Addressing collusive practices within the legal fraternity that contribute to delays and backlogs.
• Public Awareness: Raising public awareness about the real causes of judicial delays can help shift the focus from superficial criticisms to structural reforms.
• Community Engagement: Engaging with communities to understand their needs and expectations from the judicial system can help in tailoring reforms.

Way Forward / Addressing the Root Causes

• Structural Reforms: Comprehensive structural reforms are needed to address the root causes of judicial delays, rather than superficial fixes.
• Focus on Efficiency: Efforts should be directed towards improving efficiency through better management and resource allocation.
• Long-term Planning: Prudent long-term planning and investment in the judiciary can help manage rising litigation and ensure timely justice.
• Collaboration: Collaborative efforts between the judiciary, executive, and legislative branches are essential for meaningful reforms.
• Continuous Evaluation: Continuous evaluation and adaptation of judicial processes and reforms are necessary to keep pace with changing demands and challenges.

Conclusion

Focusing on court holidays distracts from addressing systemic problems like judicial vacancies, inadequate infrastructure, and inefficiencies. Comprehensive reforms, better management, and increased resources are essential to improving the judiciary’s effectiveness and reducing case backlogs.

Source:The Hindu

Mains Practice Question:

Discuss the structural and administrative issues plaguing the Indian judiciary and suggest comprehensive reforms to address the chronic problem of case backlogs.”

Associated Article:

https://universalinstitutions.com/petitions-on-judges-appointments-delay/