GS Paper 2
Syllabus: Indian Judiciary
Source: HT
Context: The Parliamentary standing committee on Personnel, Grievances, Law and Justice has recommended that judges of the Supreme Court and high courts should be required to declare their assets annually, citing the need for transparency and public trust.
Key issues highlighted and Recommendations:
| Issues Highlighted | Recommendations by the committee |
| Lack of Transparency in the Judiciary | Recommend enacting a law requiring judges of the Supreme Court and high courts to declare assets annually. |
| Emphasize that asset disclosure enhances trust and credibility in the judiciary. | |
| Huge pendency of cases | Establish 4-5 regional benches of SC, wherein the regional benches may decide appellate matters |
| Non-publication of Annual Report | Currently, only a few HCs release their annual report. SC should direct HCs to publish Annual Reports in a unified format. |
| Long Court Vacations | Suggest doing away with long court vacations to address the perception of inconvenience to litigants. |
| Acknowledge that vacations contribute to the pendency issue. | |
| Lack of Social Diversity in Judicial Appointments | Stress on appointing an adequate number of women and candidates from marginalized sections to high courts and the Supreme Court, promoting diversity and trust in the judiciary. |
| Include this provision in the Memorandum of Procedure (MoP). Currently, only 15% of registered advocates are women | |
| Increasing the Retirement Age of Judges | Propose amending the Constitution to increase the retirement age of high court and Supreme Court judges. The current retirement age is 62 years for HC judges and 65 for SC judges |
| Reassess judges’ performance based on health, judgment quality, and quantity delivered. | |
| This can contribute to impartiality and quality in post-retirement assignments. |
Other major Issues in the Indian Judiciary:
| Issues | Description |
| Inadequate Physical and Digital Infrastructure | Shortage of courtrooms, basic facilities, and parking spaces causing overcrowding and procedural delays. |
| Need for digital infrastructure for virtual hearings, underscored by the Covid-19 pandemic. | |
| Live streaming of court proceedings is limited in most courts, excluding certain case categories. | |
| Limited Use of Alternative Dispute Resolution (ADR) | Underutilization of ADR mechanisms like mediation and arbitration, contributes to court burden. |
| Recruitment Delays | Slow filling of judicial vacancies, resulting in inadequate judge-to-population ratio. |
| High courts with almost 400 vacancies; around 35% of vacancies are in the lower judiciary. |
Other improvements required:
- Strengthen E-Court System: Implement a robust e-court system for digitized records, online filing, e-summons, and video conferencing for hearings.
- Transform Appointment System: Fill judicial vacancies promptly, establish clear appointment timelines, and consider All India Judicial Services (AIJS)
- Case Management Software: Develop software to track case progress, automate tasks, and improve coordination among stakeholders.
- Data Analytics and Case Prediction: Utilize data analytics and AI to predict case outcomes, aiding judges in informed decisions.
- Public Legal Education: Promote awareness programs to empower citizens with legal knowledge, reducing unnecessary litigation.
- Citizen Feedback Mechanism: Establish a feedback system to identify areas for improvement in the judicial process.
Insta Links:
The problem of vacancies in the Indian Judiciary
Mains Links:
Critically examine the Supreme Court’s judgement on the ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (150 words)
Prelims Links:
Consider the following statements: ( UPSC 2019)
- The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
- The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: B
