Judging it

 

 

These days I am having few opportunities to serve as a Judge on various talent shows and Cultural competitions. As a Judge, I felt a distinct need to be consistent and the biggest challenge is to remove personal bias. The efforts by the young and old participants, as well as their strong intent to excel really entrust heavy responsibility to the Judges. And please note these are just cultural competitions in the NRI diaspora which is trying to remain its touch with its roots and where participation is more important than the results.  Imagine the responsibility the actual judiciary in India has. It has to work as a pillar of democracy to uphold the legislation done by democratically elected representatives. These days judiciary has said everything including the Executive which accordingly to me is bit overkill. Also, the latest conflict between leaders of legislating houses and the executive is a good outcome as country needs judicial reforms and each stakeholder including ‘we the people’ should have a say in that.  Commenting against a specific judgment or ruling can be tantamount to contempt but participating in the debate is definitely acceptable, as per democratic principles. Even talent judges on national television and local events try to overcome personal biases and be consistent but the judiciary despite having guidelines and protocols can be consistent and unbiased. Few factors like selection/election of judges, judicial Infrastructure, and age-old practices really are constraints. Do judges represent all the sections of society or as perceived historically since the British rule era has been a privileged class of milords?  

What are the Issues Plaguing the Indian Judiciary? Most important is the Huge Pendency of Cases. With around 4 crore cases pending, India has the largest backlog of cases in the world. According to experts, the Indian judiciary would take more than 300 years to clear this backlog. The existence of a huge number of vacancies across the Indian judicial system is one of the main causes behind the huge case pendency.  Also, lower courts often lack basic facilities for the litigants, staff, or judges. The issue was exacerbated during the pandemic when the physical hearing was restrained. The pandemic highlighted the failure of the Indian judicial system to realize the aim of e-courts. We are far behind the advanced nations in employing technologies, such as artificial intelligence and blockchain, in the justice system.  

Also, Slow Hearing of Cases is an issue. As per the report by the World Bank, the average time taken for the disposal of a case in India is 1450 days (around 4 years). The aphorism “justice delayed is justice denied” perfectly fits the Indian scenario. The huge pendency and “the culture of seeking adjournments” diminish people’s hope of getting justice from the system and thus breed discontentment.  The lack of a quick dispute resolution mechanism repels investment and thus impedes economic growth.  

The most important issue is the Lack of transparency in the appointment of judges  

The Collegium system is one of the most contentious issues between the judiciary and Parliament. In this system, the appointment or elevation of a Supreme Court Judge or the transfer of a High Court Judge is done by a forum consisting of the Chief Justice of India along with the four most senior judges of the Supreme Court. This system has evolved through various judgments of the Supreme Court, not by any act of Parliament. It is not mentioned in the Constitution either. The collegium system limits the role of the government in the appointment of judges. The government only approves the names suggested by the Collegium. Though it can raise objections, it is bound to accept the proposals if they are sent again by the collegium. Thus, the independence of the judiciary remains intact. However, the system lacks transparency. No major democracy in the world practices it. This opaqueness of the system is accused of breeding corruption and nepotism. That is why several sections demand the abolition of the Collegium system. An attempt to reform the system of appointment culminated in the passage of the 99^th Constitutional Amendment Act, in 2014.  The Act proposed the establishment of the National Judicial Appointment Committee (NJAC), composed of members from legislative, judicial, and civil society. However, the Supreme Court declared it null and void. As per the Supreme Court of India, the Act violated the independence of the judiciary. Thus, any step in this direction has to strike a balance between the independence of the judiciary and the transparency of the system. A solution to this burning issue can come only when the government and the courts cooperate with each other.  

Finally, as mentioned Judiciary is Out of Touch with the Common People. At present, the proceedings of the courts take place in two languages—Hindi and English. This is completely detached from the ground realities of India, where a large number of people cannot speak either of the languages.  A Parliament Standing Committee for the Ministry of Law and Justice suggested in its report that the composition of the higher judiciary should reflect socio-economic diversity and inclusiveness. For example, statistics show that women constitute nearly 48% of the population but account for a mere 3% of the highest courts of various states.  

 The Indian judicial system requires comprehensive reforms.  Reforms should be such that they improve the functioning of the courts without undermining their independence. Increasing the number of judges as well as the number of benches across the country will help reduce the number of pending cases and also expedite trials. Fast-track courts and e-courts should be established. Although the ideas of fast track and e-courts are not new, they have not been properly executed on the ground. We finally need an in-between solution to NJAC vs. Collegium debate.   

   

It’s now up to the Judiciary, Legislation, and Executive to work with Media, Civil Society, and Public participation through online/actual forums dedicated to the reforms, avoid delays in justice and make ‘ milords’ a real part of us.