The Indian judiciary, a cornerstone of the democratic framework, must continuously adapt to evolving societal needs to ensure justice and equity. However, various issues, such as the opaque collegium system, backlog of cases, shortage of judges, lack of gender diversity, and outdated procedural laws, hinder its effectiveness. Addressing these challenges through substantial reforms is crucial for maintaining public trust and the efficient administration of justice.
Challenges and Reforms in the Indian Judicial System
Issues in the Judicial System
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- Adapting to Changing Demands: The judiciary must continuously modify and adjust to changing demands as a result of society’s constant evolution; this is a very dynamic and ongoing process.
- Consequences of an Ill-Prepared Judiciary: However, problems occur if it is ill-prepared to meet fresh difficulties and keep up its efficacy in advancing justice and equality for all.
- Key Issues Plaguing the Indian Judicial System: Some important issues plaguing the Indian Judicial System are:
| Appointment of Judges
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| Pendency of Cases |
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| Shortage of Judges |
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| Lack of gender diversity |
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| Undertrials |
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| Poor Condition of Infrastructure |
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| Burden of Extra-judicial Work |
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| Procedural Issues |
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| Outdated Procedural Laws |
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Implications on the Overall Justice Delivery System
- Deteriorating Quality of Justice:Due to time constraints, judges might not have enough resources or time to thoroughly evaluate each case’s merits.
- This may result in choices that are ill-informed or insufficiently focused on the problems at hand.
- Delays in the Administration Of Justice: Case resolution might be delayed for years or even decades due to a significant backlog of cases awaiting hearings.
- Financial Burden on Litigants: Litigants may incur significant costs during protracted litigation due to the costs associated with extended judicial proceedings.
- Slowdown in Economy: The economy may be negatively impacted by these justice system problems as well because unresolved legal disputes can hinder or delay corporate growth.
- Loss of Faith in the Legal System: The public may lose faith in the legal system as a result of protracted delays, a lack of legal help, etc.
Factors Affecting Judicial Reforms
| Intrinsic Factors: | Extrinsic Factors: |
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Significant Reforms Done In The Indian Judicial System
- National Judicial Appointments Commission (NJAC): The NJAC aimed to replace the collegium system for the appointment of judges.
- However, it faced constitutional challenges and was struck down by the Supreme Court in 2015.
- The collegium system, where judges appoint judges, continues to be the prevailing method.
- Mediation and Alternate Dispute Resolution (ADR): There has been an increased emphasis on promoting mediation and other ADR mechanisms to reduce the burden on the courts and facilitate faster dispute resolution.
- National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT): The NCLT and NCLAT were established to deal with matters related to company law.
- They have jurisdiction over cases such as corporate disputes, insolvency, and bankruptcy.
- Fast-Track Courts: Specialised fast-track courts have been established to expedite the disposal of certain categories of cases, such as those related to sexual offences and crimes against women.
- Commercial Courts and Commercial Division: To expedite resolution of commercial disputes, the Commercial Courts Act was enacted in 2015.
- It established commercial courts at the district level and commercial divisions in high courts to handle cases with a specified value.
- Legal Aid and Access to Justice: Efforts have been made to enhance legal aid services, making justice more accessible to marginalised and economically weaker sections of society.
Suggestive Measures To Reform The Judicial System
Recommendation of Law Commission of India (LCI), 2009:
| Reducing Pendency | For reducing the number of pendency cases it suggested:
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| Transparency in Appointment |
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| Optimum Time Utilisation |
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- All India Judicial Services (AIJS): The goal of this proposed national-level judicial service in India is to establish a centralised, unified system for hiring and advancing the careers of judicial officers throughout the nation.
- Judicial Management Cadre: A Judicial Management Cadre to manage judiciary administration at all levels can be established.
- National Judicial Infrastructure Authority: A National Judicial Infrastructure Authority should be established, in the opinion of former Indian Chief Justice N V Ramana, in order to standardise and enhance judicial infrastructure.
- Increase Representation of Women in the Judicial System: “The presence of women as judges and lawyers, will substantially improve the justice delivery system,” said former Chief Justice N V Ramana.
- He has shown support for women to hold a 50% position in the judiciary.
- Judicial Impact Assessment: A Judicial Impact Assessment (JIA) evaluates both the potential financial consequences of changes to substantive or procedural law as well as the effects those changes may have.
- Benefits of Judicial Impact Assessments (JIAs) for Legislators, Judiciary, and Society: JIAs are beneficial to legislators, members of the judiciary and the society:-
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- In understanding the likely effect that a law would have on the legal system
- Required amendments to the law to keep pace with changes in society
- Impact of changes to law on the functioning of the justice delivery system
- Simplifying Procedural Laws:Repealing or revising obsolete or unworkable laws to improve and bring clarity to substantive laws, and simplifying procedural laws to speed the hearing and resolution of cases.
- Increase the Use of the ADR Mechanism: Bringing awareness to litigants about alternative dispute resolution (ADR) methods and promoting settlements outside of court.
- Efficient Functioning of Fast Track Courts: It is necessary to take a two-pronged approach that restructures procedures while enhancing these courts’ human capacity with committed judges and capable employees.
- Timely Justice to Undertrials: Enough possibilities for bond can be granted in order to give undertrials with speedy justice.
- “Bail is the norm, whereas jail is an exception,” the Supreme Court ruled.
- Research and Training Centre: It is possible to construct a Research and Training Center to undertake Judicial Impact Assessments, train government law officers, and improve the formulation of legislation.
- Prompt Investigation and Prosecution: To guarantee appropriate and prompt investigation and prosecution, the way in which police and prosecuting authorities, such as the Directorate of Prosecution, operate should be enhanced.
- Meeting New Challenges in Justice Delivery: As a result, the need for judicial reforms is a dynamic and continuous process.
- By implementing these changes, the Judiciary will be better prepared to meet new challenges and continue to effectively advance justice and equity for all.
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Conclusion
Judicial reforms in India are vital for enhancing the quality and speed of justice delivery, reducing the financial burden on litigants, and maintaining public faith in the legal system.
- By implementing measures such as increasing the number of judges, improving judicial infrastructure, promoting gender diversity, and simplifying procedural laws, the judiciary can better meet new challenges and uphold justice for all.
- Continuous efforts in this dynamic process will ensure a more efficient and equitable judicial system.
