IAS Target

News Paper Article - 20/09/2021

01 Jan 1970

Category : Daily Current Affairs

    These days people are in pain and they want relief as soon as possible but our Indian Judicial system is not fulfilling their demands effectively. Chief Justice CV Ramana quoted to the former chief justice of the US Warren Burger that people are comfortable with the nice courtroom and well-dressed lawyer as an attempt to win their cases which is wrong. He also made a plea to the Indian courts to meet the needs of the Indian citizens.
    The Chief Justice has made a historic move to do this and besides his good intentions, the Indian Judicial system is moving towards disaster and needs urgent attention. The measure of the efficiency of any judicial system is the number of pendency of cases in which India lacks.
    Presently there are more than 40% of cases are decided after three years. While in other countries only 1% cases are decided after three years. If India does not work efficiently, this percentage will keep increasing. Many rich people and wrongdoers delay their cases as per their wishes. The increase in crime and corruption directly affect the judicial system and it mainly affects the poor classes of the society. For them, this judicial system is itself a punishment. As per the data, nearly 70% of the prisoners in India who are under trial are poor citizens.

    Filling up The Vacancies:

    Two measures can be used to tackle this issue. First, reducing the pending cases by filling up the vacant positions of judges. Reports show that between the years 2006 to 2009 the average increase of pending cases were less than 2% and average vacancies in judicial positions are 21%. If these vacancies are filled the pending cases will go down each year.
    Chief Justice of India says that India does not need any vast number of judges to reduce pending cases and it just needs to fill 20% of its vacancy which is in line with the sanctioned strength. The responsibility of selecting judges is mainly in the hands of the judiciary while the responsibility to appoint the subordinate judges is with the State government and their respective high court. The responsibility of ensuring zero vacancies should be with the high court and Supreme Court. They should be accountable for this but currently, they think that this matter is not taken into priority. If the vacancies are filled there will be a requirement of 5000 new courtrooms. The best solution is to run 5000 courts in two shifts.

    Use of Technology:

    The second is to use the latest technology. The e-court is existing in India since 2005. It has given some recommendations which are not being followed yet. The first is to use the algorithms to decide the case listing with only a 5% override given to judges. Case listing should be done on a first in and first out basis and case allocation should be on a logical basis.
    The second is to use e-filing. The complete petitions, affidavits, and payment should be done in digital format so that a person will not waste their time in carrying the papers from one department to other. It will also save nearly 3 lakh trees annually.
    The third is to use the concept of virtual hearing. This concept was followed only in some cases due to the pandemic while a majority of cases were held physically. In the pre-COVID year, the number of pendency cases was about 5.7 lakhs while in 2020 it went to 51 lakh. It seems that the concept of virtual hearing is not been used efficiently. It is expected that at this rate the number of pending cases will reach up to 5 crores in 2022.
    All the courts should be converted to hybrid virtual mode and start to solve cases immediately. It will make the access of judges easier to the litigants and also reduce the cost. It will also allow the lawyers of small towns. The required hardware is present in every court.

    No Change in Laws:

    All the above parameters that are e-filing, virtual court and filling up of the vacancies are the recommendation of the Supreme Court and committee's recommendations and so no change in the law is required to follow them. If all the above parameters are effectively used by the judicial system of India, India will become the preferred nation for investment at the international level and people will receive speedy justice which is their fundamental right.

Posted by : IAS Target