Four Issue Within Judiciary: Highlighted By CJI

Context: 

Recently on the 75th anniversary of the establishment of the Supreme Court, the Chief Justice of India highlighted four issues within the legal profession.

Four Issue Within Judiciary Raised By CJI 

1st: Adjournment Culture & Its Effect on Justice Delivery 

• 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.

2nd: Keeping Length of Oral Arguments in Check 

• 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.

3rd: Alternatives to Long Court Vacations

• 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.

4th: Level Playing Field For First Generations Lawyers

• 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.

What Are Impacts of These Pertaining Issues On Judiciary?

• 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.

Way Forward

• 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

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