Issues about Judiciary

Recently, The Chief Justice of India has highlighted the recent reforms taken in the Indian Judiciary and has given call for legal education in regional languages.

The Indian government operates through three institutional frameworks: Legislative, Executive, and Judiciary. The principle of the rule of law ensures that laws are applied equally to everyone and that specific procedures must be followed in cases of legal violations.

• Pyramidal Structure: The judiciary in India is organized in a pyramidal hierarchy, with the Supreme Court at the apex, High Courts beneath it, and district and subordinate courts at the base.
• Hierarchical System: India’s judicial system follows a pyramidal structure, where the Supreme Court stands at the top, followed by the High Courts, and the district and subordinate courts form the lower levels.
• Subordinate or District Courts: These are the courts where the majority of people engage with the judicial system. Typically located at the district or Tehsil level, or in towns, they handle a wide range of cases.
• District Judge: Every state is divided into districts, each overseen by a District Judge.
• High Court: Every state in India has its own High Court, serving as the highest judicial authority within that state.
• Establishment: High Courts were initially set up in the Presidency cities of Calcutta, Bombay, and Madras in 1862. The High Court of Delhi was established later in 1966.
• Current Status: Presently, India has 25 High Courts.
• Supreme Court in the Indian Judiciary: The highest court in the Indian judicial system is the Supreme Court, situated in New Delhi and led by the Chief Justice of India.
• Constitutional Authority: As one of the most influential courts globally, the Supreme Court of India wields significant power granted directly by the Indian Constitution.

Significance of the Indian Judiciary:

Constitutional Protection: Since the Indian Constitution was enacted on January 26, 1950, the judiciary has been vital in safeguarding and interpreting its provisions.

Integrated Judicial System: The Constitution of India mandates a cohesive judicial structure where higher court decisions are authoritative for lower courts.

Appeal Mechanism: This integration is exemplified by the appellate process, where individuals can appeal to higher courts if they feel that a lower court’s verdict is unjust.

 Four Judiciary Issues Highlighted by the Chief Justice of India

1. Adjournment Practices and Their Impact on Justice Delivery

1. • Definition of Adjournment: An adjournment refers to the postponement of court hearings to a later date.
   • Legal Framework: Under Order XVII of the Civil Procedure Code, 1908, courts can grant adjournments to a party no more than three times during a lawsuit, provided there is a valid reason beyond the party’s control.
   • Impact: Extended adjournments cause delays in case resolution and contribute to the growing backlog of pending cases, potentially creating a cycle of delays. The 239th Law Commission Report (2012) also addressed this issue.

2. Second Issue: Managing the Duration of Oral Arguments

• In Constitutional Bench Cases: Courts are instructed to have parties coordinate and set a time framework for oral arguments to enhance efficiency and avoid repetitive points by lawyers.
• Mixed Results: For instance, in the Ayodhya title dispute, hearings were extended despite scheduling efforts.
  • Time Management & Scheduling:
    • Chief Justice Ranjan Gogoi previously mandated a time schedule due to the large number of parties and lawyers.
    • The EWS reservations case, under Chief Justice UU Lalit, showed effective time management through scheduled hearings.
• Comparison with the US Model: The US Supreme Court restricts oral arguments to 30 minutes per side.
  • 230th Law Commission Report, 2009: Suggested a limit of one-and-a-half hours for oral arguments, except in cases of constitutional interpretation or intricate legal matters.

3. Third Issue: Alternatives to Extended Court Vacations

• Flexible Hours for Lawyers and Judges: This approach allows legal professionals to select their working hours, a practice introduced in 2022 at the Metropolitan and Regional courts in the Philippines.
• Malimath Committee Report, 2003: Suggested extending the working days of the Supreme Court by three weeks.
  • In 2014, the Supreme Court acted on this recommendation by shortening its summer vacation to seven weeks.

4. Fourth Issue: Ensuring Equal Opportunities for First-Generation Lawyers

• Promoting Inclusivity: Initiatives are being made to support first-generation lawyers and marginalized individuals with promising potential.
• Recent Advancements:
  • There has been notable progress in the legal field with substantial representation of women:
    • 36.3% of district court judges,
    • Over 50% of junior civil judge appointments, and
    • 41% of law clerk candidates at the Supreme Court.

 Efforts by the Supreme Court Advocates-on-Record Association (SCAORA)

• Diversity Promotion: Enhancing facilities for women lawyers,
• Support for First-Generation Lawyers: Giving priority to first-generation lawyers for Senior Advocate status,
• Video Conference Accessibility: Permitting video conference appearances on all working days.

Significant Reforms Undertaken Within Indian Judiciary

Introduction of Alternative Dispute Resolution (ADR) Methods

• Methods Employed: Lok Adalats, Gram Nyayalayas, and Online Dispute Resolution have been introduced to enhance the efficiency of justice delivery.
• Online Portal: A specialized online platform for Gram Nyayalayas has been created to facilitate the uploading of data by States/High Courts, including monthly case statistics.
• Fast Track Courts: Initiatives such as fast track courts have been set up to speed up justice for serious crimes and cases involving senior citizens, women, and children.
• Promotion of ICT: The advancement of Information and Communication Technology (ICT) supports these efforts.

Virtual Court Systems:

• Videoconferencing Proceedings: Virtual court systems have been introduced to conduct legal proceedings via videoconferencing.
• e-Sewa Kendras: Trial-based e-Sewa Kendras have been set up in high courts and district courts, offering centralized access to services under the eCourts Project. They allow litigants to check case statuses and access court judgments and orders.
• NSTEP System: The National Service and Tracking of Electronic Process (NSTEP) system accelerates the delivery of summons, notices, and legal documents through a centralized tracking application and a mobile app for bailiffs, minimizing delays.
• S3WAAS Website: The Secure, Scalable & Sugamya Website as a Service (S3WAAS), designed to be divyang-friendly, is available in 13 regional languages, including English and Hindi.

Way Ahead:

Transparency in Appointment Processes:

• Fair Appointment Systems: Revamping appointment procedures to enhance fairness and accountability.
• Transparent Appointments: Overhauling the appointment process to ensure it is conducted with fairness and accountability.
• Accountable Hiring Practices: Reforming appointment methods to guarantee transparency and equitable practices.
• Establishment of National Judicial Infrastructure Authority: To upgrade and enhance the infrastructure of the court system.
• Implementation of Novel Strategies: To address the extensive delays and backlogs in the judicial process.
• Enhancing Lower Judiciary: Targeted improvements are needed to better the operations of district courts, which are crucial for the judicial system.

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