Neha Singh
Advocate, Supreme Court of India
As we struggle to retort to the global pandemic of COVID-19 and its effect on our health and economy, it has become abundantly clear that the pandemic has had a substantial impact on the legal fraternity of India. Thus, now there is a need for reformation in our judicial system also.
Certainly, there is much to be proud of the Indian judiciary. it has been the nation’s moral conscience, speaking truth to political power, upholding the rights of citizens, mediating Centre-state conflicts, providing justice to the rich and poor alike, and on several momentous occasions, saving democracy itself. Despite its achievements, a gap between the ideal and reality has been becoming clear over the years for instances, justice delivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, the pendency of cases, women are severely under-represented, and constitutional matters often languish in the Supreme Court and other subordinate courts for years. Consequently, to redress these situations, we need to have a bottom-up approach.
Digitalisation of Courts:
The spread of Coronavirus and the countrywide lockdown has prompted the Supreme Court and various High Courts to conduct digital judicial proceedings. The Supreme Court has detailed the measures to ensure continuity of administration of justice during the COVID-19 pandemic. IT infrastructure is being installed to aid the proceedings that will take place in the virtual presence of the clients and their legal representatives.
At the present time, there is a dire need for courts through universal computerization, use of cloud computing, digitization of case records, and enhanced availability of e-services through e-filing, e-payment gateways and mobile payments. Though, the Indian courts are envisaged to provide a host of e-services such as case filing, certified copies of orders and judgments, and case status to litigants and public at large through the eCourts portal. However, it also necessary to state that in the long scheme of things, the advantages of virtual courts are likely to overshadow the disadvantages, provided infrastructure, training, and cogent mechanisms for recording evidence and cross-examinations are adopted by the Courts. but, there is need of the hour requires such steps to be taken, free and fair administration of justice mustn’t be disrupted.
All India Judicial Services:
The government is considering the formation of All India Judicial Service on a similar pattern of the All India Civil Services Exam. It is pertinent to know that the judiciary is the only set up that does not have an “all India selection process” while most of the government have all India service recruitment process.
The rationale behind the AIJS is the conception of such a service, according to government officials, that will bring a much more professional, better yield of judicial officers. The straight recruitment of judges from then entry-level will be handled by an independent and impartial agency through an open competition which will absolutely bring transparency in the appointment of judges.
Therefore, in the time of global Pandemic COVID 19 where people are almost fired from their jobs and where is the uncertainty of judicial exams recruitment for the next few years. Then, AIJS is the ongoing need of the country. if AIJS is implemented then there will be an appropriate agenda of the recruitments which is presently not a part of the recruitment process of judicial examination.
Remarkably, In 2013 CM’s conference had observed, “It is apprehended that lack of knowledge of the regional language will erode judicial efficiency concerning evaluating evidence as well as in pronouncing judgment. This apprehension is not well placed because the language of other states can be learned without difficulty”. Even if it is accepted that cases in lower courts are argued in local languages so there have been apprehensions on as to how a person from north India can hold hearings in a southern state But the government should also of the considerate that even IAS and IPS officers have served in different States overcoming the language barrier. thus, this issue can be exterminated. However, The law ministry has decided to complete the consultation process with the state governments, high courts, and Supreme Court by the year-end so that AIJS-related issues could be settled by March 2022.
Hence, if such a judicial examination system comes up, it would help create a pool of deserving people who could later become a part of the lower judiciary, higher judiciary of the 25 high courts and the Supreme Court of India.
Appointment of more Judges in the Higher Judiciary:
The low judicial strength as the ‘root cause’ of the judicial system since there is a backlog of cases in the courts. The country requires more judges for the high courts and Supreme Court. The appointments for judges of the higher judiciary is based on hierarchy and tenure of their services in the profession. The hierarchy of courts informs appointments that these are often made based on age seniority, irrespective of the competence of the appointee. Equally true for the high courts or SC, the rule operates particularly harshly at the district judiciary level. District judges come to the service with degrees in law and post-graduate degrees. They are quite often men and women with excellent intellect. They fold experience as judges over the years and yet their elevation as high court judges is deferred because of the fixed percentage of uptake from the district judiciary.
Subsequently, given the vacancies in high courts across the country is mandatory, it also needs to be seen that if there are more courts in the country then more recruitments of judges if there are an adequate number of judges in the courts certainly there would be speedily justice to the people.
Establishing Courts/Fast track Courts:
Pendency of cases across courts in India has increased in the short span of time.The widely held of the problems faced by our judicial system giving rise to large pendency and arrears have been constant for the past 73 years for the reason that the foremost problem is with the district courts where lakhs of litigants come into contact with the justice delivery system. Since Justice begins from lower Judiciary and ends up before the Higher judiciary. Unless the problems of these courts are addressed, other temporary changes and ad hoc reforms at the Supreme Court and high courts will have no bearing on the system, and the average litigant will continue to suffer “the slings and arrows of outrageous fortune.” Unfortunately, our country witnessed a large number of criminal or civil cases every day and needless people approaching the court to court for justice.
Therefore, there should be a necessity for Establishing more and more court in a particular district or zone state where there is an increasing rate of crime. Though fast track courts have already been introduced to ensure speedier disposal of cases relating to sexual offences against women and child. Fast-track courtshave been around for a long time, with the first ones being established in the year 2000.According,14th Finance Commission Recommendation, the government had anticipated setting up 1,800 fast-track courts. However, it is believed that sixty percent of proposed fast-track courts are yet to be set up and many states and Union Territories don’t have even a single fast-track court. The law may provide a duration of some 20 years for the presence of fast-track courts as it is hoped that this is sufficient to wipe out the arrears and there would be no need for fast-track courts. They should function under the supervision of relevant High Courts. we should believe that fast disposal of at least criminal cases will help restore confidence in the people about their safety and ensure peace in society.
Hence, Judiciary is not just a “Regular Job”. All said and done, the final responsibility of making sure that the entire exercise results in positive change vests with the States, judiciary, and people collectively. Undeniably, the biggest challenge before the states of India in the 21st century is timely or speedily justice and we are all aware that our economy is almost shattered in this global pandemic, therefore, there would be a rise in employment so let us hope that this period of suffering becomes a new form of reforming in our judicial system and brings about much desired and awaited transformations in the Indian judicial system.
REFERENCES:
- PRS India
- https://www.outlookindia.com/magazine/story/india-news-70-years-of-indian-judiciary-opinion-the-courts-must-reform-so-that-they-can-preserve-seven-must-dos/302680
- Bar and Bench
- www.indialegallive.com
