Title : JUDICIAL REFORMS: Need of the hour

Date : Nov 27, 2021

Description :

GS II

 

Topic à Judiciary

 

• About:

 

• The justice system is the most important tool for carrying out the Constitution's promises.
• The general public has a higher level of trust and confidence in the judiciary.
• Maintaining the rule of law and providing good government necessitates quick justice.
• As a result, judicial reform should be prioritised on the development agenda.

 

• Current Concerns:

 

• Delay in the administration of justice:

 

• India's low performance on ease of doing business is attributed to a delay in 'contract enforcement,' which is mostly attributable to an ineffective court system.
• According to the National Judicial Data Grid, subordinate courts have 2.54 crore cases pending.
• The system is unable to keep up with the influx of new cases in our complex economy.
• Most subordinate courts, with the exception of metropolises and state capitals, lack basic facilities for judges, court employees, and litigants.
• The judicial system is difficult and expensive, putting the poor at a disadvantage.

 

• Overreach by the judiciary:

 

• For the past several months, six of the country's High Courts have been without regular Chief Justices.
• Judicial ineffectiveness is to a large measure to blame for the rise un crimes such as rape, murder, looting, and cheating.
• The government's proposal to establish a National Judicial Appointments Commission (NJAC) to speed up the appointment process was thrown out by the Supreme Court.
• The impasse between the judiciary and the executive can only cause public anxiety.
• The legal system has not been adequately funded.
• The surge in the workload of the judiciary has been attributed to an increase in crimes against women and increased reporting of illegal activity.
• As a result, reforms at both the lower and higher levels of the court are urgently needed to keep democracy's pillars robust and powerful.
• Recommendations:

 

• There is a pressing need for justice to be delivered quickly and for higher courts to be unburdened.
• Making the justice system more accessible and effective for the poor, as well as judicial accountability and transparency
• Time restrictions for making decisions should be established, like in the Slovak Republic, where issues are resolved in less than 60 days.
• To reduce delays and expenses, more judges should be appointed, procedures should be streamlined utilising information technology, and the judge-to-population ratio should be increased.
• Artificial Intelligence-powered automation is already assisting doctors, and it can now be used to assist courts and lawyers.
• State and federal governments should cooperate together to solve the lack of fundamental infrastructure, such as courtrooms and other critical judge facilities.
• Create a Performance Commission with the authority to take corrective action.
• Many states in the United States have similar commissions that investigate complaints concerning judges' behaviour.
• To speed up the enforcement process, create specialised commercial fast track courts.
• The judiciary should be held accountable for documenting and presenting its own financial demands in a professional and competent manner.
• There should be a process in place to control frivolous lawsuits.
• A well-thought-out litigation strategy will be extremely beneficial.
• The civil court fees structure must be appropriately changed, and state governments must be required to spend all fees earned on judicial infrastructure.
• Appointment of ad hoc or additional judges to expedite the resolution of ongoing cases
• To investigate complaints against judges, a transparent, full-time impartial judicial complaints commission should be established.
• Alternative Dispute Resolution mechanisms, such as Lok Adalats, should be investigated on a larger scale to relieve the judiciary's burden at all levels.

 

• Recommendations of the Law Commission:

 

• In the appointment of judges, the judiciary and the executive should play an equal role.
• The Chief Justice's post should not be transferable.
• Judges must issue decisions in a timely manner.
• These improvements must be implemented as soon as possible, because justice delayed is justice compromised.

 

• Source à The Hindu à 27/11/21 à Page 12

Tags : CJI, Supreme Court