Four Issue Within Judiciary: Highlighted By CJI

GS Paper II Polity

Context:

It Came into existence on January 26th,1950.
- 1st CJI Harilal Jekisundas Kania.
Inaugurated on January 28th, 1950, two days after India’s Constitution was adopted and the nation became a sovereign, democratic republic.
- Article 124 : deals with establishment & Constitution of Supreme Court.
Later the Supreme Court shifted to its present building at Tilak Marg in 1958.
- Article 130 : Seat of Supreme Court (Which is decided by CJI)
Present Strength : Chief Justice and 33 other Judges appointed by the President of India.
- Present CJI DY Chandrachud is 50th CJI.

What is Adjournment ?
- An adjournment means when court hearings are postponed to a later date.
Legal Framework: Order XVII of the Civil Procedure Code, 1908, courts are limited to granting adjournments to a party no more than three times during a suit, requiring a valid reason beyond the party’s control.
Its Effect : Prolonged adjournments lead to case delays and contribute to the growing backlog of pending cases. which may lead to Vicious Cycle of such practices.
- 239th Law Commission Report (2012) also highlighted the same.

On Constitutional Bench Matters: The court will instruct parties to collaborate and establish a time schedule for oral arguments to promote efficiency and prevent repetitive arguments by attorneys.
Moderate Success: Prior cases, such as the Ayodhya title dispute, experienced prolonged hearings despite scheduling efforts.
- Time Schedule & Management :
  - The then CJI Ranjan Gogoi directed parties to devise a time schedule for hearings due to the large number of involved parties and attorneys.
  - Under the leadership of CJI UU Lalit, a Constitution Bench case concerning EWS reservations demonstrated efficiency through scheduled time management.
US Model: The US Supreme Court limits oral arguments to 30 minutes per side.
- The 230th Law Commission Report, 2009: It recommended limiting oral arguments to one-and-a-half hours, except in cases involving constitutional interpretation or complex legal issues.

Flexi-time for Lawyers and Judges: A practice allowing employees to choose their working hours,
- It was introduced in 2022 in the Philippines at the Metropolitan & Regional courts.
Malimath Committee Report, 2003: Recommended increasing Supreme Court working days by three weeks.
- In 2014, SC reduced summer vacation to seven weeks based on this recommendation.

Efforts towards inclusivity for first generation lawyers and marginalised individuals with the potential to succeed.
Recent Progress:
- Significant representation of women in the legal profession, including
  - 36.3% of district court judges,
  - over 50% of junior civil judge recruits, and
  - 41% of law clerk candidates at the Supreme Court.
- Initiatives by the Supreme Court Advocates-on-Record Association (SCAORA)
  - To promote diversity, such as improved facilities for women lawyers,
  - Prioritising first-generation lawyers for Senior Advocate designation, and
  - Allowing video conference appearances on all working days.

Credibility of the Judicial Administration : Backlogs of cases awaiting trial can lead to lengthy delays in resolving legal matters, stretching over years or even decades.
Economic Cost : Prolonged court proceedings impose financial burdens on litigants, adding to the costs of legal battles.
Burden on Business Activities :The justice system’s inefficiencies can hinder business operations, delaying or obstructing economic activities.
Reduce Public Trust : Lengthy delays and limited legal assistance may erode public trust in the legal system.

Introduction of Alternative Dispute Resolution methods: Lok Adalats, Gram Nyayalayas, and Online Dispute Resolution, have been employed to ensure timely justice delivery.
- A dedicated online portal for Gram Nyayalayas has been established, allowing States/High Courts to upload relevant data, including monthly case disposal.
- Initiatives like fast track courts have been introduced to expedite justice delivery for cases involving heinous crimes, senior citizens, women, children, etc.

Through Promotion of Information and Communication Technology (ICT)
- Introduction of virtual court systems for conducting proceedings through videoconferencing.
- e-Sewa Kendras have been established in high courts and district courts on a trial basis, offer centralised access to facilities under the eCourts Project, enabling litigants to obtain case status information and court judgments and orders.
- The National Service and Tracking of Electronic Process (NSTEP) system facilitates quick delivery of summons, notices, and processes through a centralised process service tracking application and a mobile app for bailiffs, reducing delays.
- The Secure, Scalable & Sugamya Website as a Service (S3WAAS) Website, a divyang-friendly website for the e-committee, is available in 13 regional languages, including English & Hindi.

Transparency in Appointment Process: Transforming appointment systems to ensure fairness and accountability.
Fastrack judgments to Under Trials: Reforms are needed in investigations to prevent wrongful charges and punishments against innocent individuals
Optimum Time Utilisation: There should be time limits for delivering judgments in legal proceedings.
Creation of National Judicial Infrastructure Authority of India: To enhance court system infrastructure
Introduction of Innovative approaches: To address the massive backlog in the justice system
Focus on Lower Judiciary: Improvements are necessary for better functioning of district courts, which are a primary area of concern.
News Source : IE

Also Read: Pendency Of Cases In Indian Judiciary

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