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Title : JUDICIAL REFORMS: Need of the hour
Date : Nov 27, 2021
Topic à Judiciary
- 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.
- 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.
- 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