Editorial: Fix structural problems
A comprehensive set of judicial reforms is the best solution to address the systemic inadequacies
It is often said that justice delayed is justice denied. India mirrors this reality more than any other country. The pendency of cases in courts is a huge legacy issue in the country. A steady rise in arrears regardless of the periodic increase in judicial strength has been a constant phenomenon since Independence. Against this backdrop, Supreme Court Chief Justice Y Chandrachud’s call for fixing the structural issues affecting the judiciary is very timely and apt. His readiness to initiate conversation on alternatives such as flexitime for lawyers and judges and doing away with archaic procedures and the culture of routine adjournments is very heartening. The pendency of cases in Indian courts crossed the 5-crore mark last year. These include over 4.4 crore cases in district and tehsil courts and around 62 lakh in high courts. Prolonged delay in filling vacancies in judges’ posts is one of the key reasons attributed to the pendency. The judiciary has barely 21,000 judges to handle the staggering caseload. The inadequate working strength of judges — well short of the number of sanctioned posts, especially at the district level — has a bearing on the delivery of justice. The district judiciary, rightly described by the CJI as the first point of contact for the citizens, is in urgent need of reforms to improve its functioning. The delay in recommending or approving judicial appointments is a major stumbling block. The Executive and Judiciary are not on the same page as far as the procedure to be followed for judicial appointments is concerned.
The National Judicial Appointments Commission (NJAC) Act, enacted more than a decade ago, was struck down by the apex court in 2015 as unconstitutional and upheld the collegium system of appointments. The NJAC had laid down the procedure to be followed for recommending names for appointment of the CJI and judges for the Supreme Court and High Courts. With President Droupadi Murmu endorsing the proposed All India Judicial Service a couple of months ago, it is time to revive the debate on the NJAC and give it a relook. A comprehensive set of judicial reforms is the best solution to address the systemic inadequacies. The adoption of modern technology tools forms a key component of these reforms and will help radically improve the functioning of the judiciary. In a country where inordinate delays in the justice delivery system force undertrials languish in jails for years and even those granted bail must wait till the court order reaches the jail authorities by post, the urgency of overhauling the judicial infrastructure need not be over-emphasised. While all other sectors have adopted modern communication technologies to improve efficiency, the judiciary has been excruciatingly slow in embracing change. Modernisation and digitisation of courts should be accorded top priority. The lower courts should be sensitised about the critical role they play in the speedier disposal.
