A court of the future: Fine-tuning mechanisms of accountability within judiciary

GS Paper 2

Syllabus: Structure, Organization and Functioning of the Judiciary

Source: The Indian Express

Direction: This was an editorial article. You may take a few points from the way forward as innovative measures.

Context: The Supreme Court of India renders ultimate judgment on decisions not only of the High Courts (18 for 28 states + 8 UTs) but also national and state tribunals operating throughout India.

Related Constitutional provisions (Article 141):

• The law declared by the Supreme Court shall be binding on all courts within the territory of India.
• This means, there is hardly any area of legislative or executive activity that escapes the scrutiny of the highest court.

Precautions SC needs to take in the future:

• Preserve its independence: It is best protected by the judges themselves through institutions established by statutes or judicial decisions. For example, the Collegium system.
  • However, there is no law to govern judges.
• Efficient court/case management:
  • It is important for reducing the backlogs of pending cases (over 4.5 crores across all courts in India).
  • The SC had drawn up a fine blueprint for case management. For example, fast track, normal track and slow track – to be 3 three different tracks.
  • Most of the HCs have not implemented this blueprint, as they are autonomous constitutional bodies not subject to the administrative directions of the SC.

Way ahead:

• A system of judicial accountability:
  • It can be provided by enacting a law.
    • Best practice: The USA’s Judicial Councils Act, 1980. It confers powers on bodies composed of judges to take action against a judge charged with misconduct.
  • Judicial governance demands judges to be ethical: They must make annual financial disclosure statements public, rather than confidentially to their respective chief justices. It is done by justices of the US Supreme Court.
• Integrated court/case management: It is time that the SC be given direct responsibility for the functioning of the HCs, allowing not just the HCs but also the SC to function as an effective court.

Conclusion:

• As India’s highest court, the SC must strive to retain public trust in the established courts.
• This can be accomplished if judges set an example of the highest moral-ethical conduct for all.
• “What a great man does, other men do; the standard he sets up, by which the others move.”(Annie Besant translation of the Third Discourse in the Bhagavad Gita)

Insta Links:

Independence of Judiciary

Mains Links:

Q. What do you understand by ‘Judicial Independence’? How can the independence of the judiciary be provided and protected in India? Critically examine.