Context- In response to PSC’s 133rd report, the Union government is considering the establishment of rules for judges to declare their assets annually.
Major Recommendations of PSC’s 133rd report
- On declaration of assets of Judges:
- The PSC recommended regulation mandating judges of the higher judiciary (Supreme Court and High Courts) to put up assets returns yearly.
- This will bring more trust and credibility into the system.
- Currently, no Supreme Court judge has disclosed their asset information on the official site.
- Increase Retirement age for Judges:
- The committee advocated that while thinking about growth in the retirement age, judges’ overall performance ought to be reassessed based on health conditions, quality of judgments, and other criteria.
- However, the Department of Justice advised against linking overall performance evaluation to retirement age, suggesting it may cause undue favoritism and put a stress on limited resources.
- On Social Diversity:
- Focus needs to be on diversity, it’s going to decorate the representation of women, minorities etc in the higher Judiciary.
- Vacations in the Supreme Court and High Courts
- The Committee stated that the entire court going on vacation at once ends in the higher judiciary shutting down for multiple months in step with year. It observed that the demand to cast off holidays in Courts stems from: (i) pendency of cases, and (ii) the inconvenience faced by litigants.
On Regional Benches
- The Committee stated that the demand for organising regional benches of the Supreme Court is primarily based at the fundamental right of access to justice.
- As in line with Article a hundred thirty of the Constitution, the Supreme Court will sit down in Delhi or in such other region or locations as the Chief Justice of India, with the approval of the President, may also appoint
Annual reports of High Courts
- The Committee likened the guide of an annual record to an evaluation of the institution’s overall performance over the last year. Presently, the Supreme Court publishes its annual document, which additionally depicts work done by all High Courts.
Other Challenges in Indian Judiciary
- Pendency of cases: As of October 2023, the ‘State of the Judiciary’ report points out that there are over five crore pending cases throughout all higher and subordinate courts in India.
- To cope with them, however, there are only 20,580 judges working in the Supreme Court, the high courts and district courts.
- Access to justice: Many people in India can not afford prison representation or are blind to their criminal rights.
- Infrastructure: Many courts lack basic infrastructure and technology, which may prevent their performance.
- As in step with the National Judicial Data, 19.7% of district courts did not have separate bathrooms for girls as of September 25, 2023.
- Judicial vacancies: There are a big number of vacancies in the judiciary, that may make a contribution to delays in cases being heard.
- As on October 1, 2023, towards the sanctioned power of 1,114 judges in the excessive courts throughout the country, as many as 347 positions are vacant.
- Similarly, in the district judiciary, out of the full sanctioned strength of 25,081 judges, as many as 5,300 district judges’ positions are vacant.
- Issues in appointment: The appointment of judges through the collegium system is drawing criticism for lacking transparency.
- Also, even after a batch of names is usually recommended with the aid of the collegium at one time, the government segregates it and makes selective appointments.
- Inclusivity: India’s maximum courtroom currently has only three female judges (9.3%) out of its working strength of 32 judges, as of October 1, 2023.
- In high courts, out of 767 permanent and additional judges in the high courts throughout India, simplest 103 are female judges (i.e 13.42%).
- The district judiciary, however, shows significant improvement with the strength of 36.33% female judges.
Measures/Recommendations
- To clear mounting pendency: In 1987, the Law Commission of India, in its document on ‘Manpower Planning in Judiciary: A Blueprint’ encouraged the use of the ratio of judges’ power in step with million population because the criterion to plot the judicial staffing.
- Judicial appointments: Ensuring an impartial and obvious process for appointing judges.
- Infrastructure and technology: Upgrading court infrastructure and adopting superior technologies for green case control.
- Judicial performance assessment: Implementing a fair and transparent system for evaluation.
- Enhancing Accountability: Increasing transparency thru stay streaming or recordings of hearings or open court proceedings.
Recent steps taken
- Leveraging Information and Communication Technology (ICT):
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- The Electronic Supreme Court Reports (e-SCR) venture is an initiative to offer the digital version of the apex court’s judgments.
- Virtual court system: The regular court proceedings are being achieved definitely via videoconferencing.
- ECourts portal: It is a one-forestall solution for all stakeholders like the litigants, advocates, government companies, police, and commonplace residents.
- E-filing: E-submitting, also called electronic submitting, is a facility that provides submitting of cases through the net.
- National Judicial Data Grid (NJDG): The facts of cases pending at the country wide, state, district and character court degree at the moment are made available to the general public, researchers, academicians and the society at large.
- National Mission for Justice delivery and Legal Reforms (2011): It was launched with the objectives of growing access by using decreasing delays and arrears in the system.
- Alternative Dispute Resolution(ADR): Lok Adalats, Gram Nyayalayas, Online Dispute Resolution, etc., are used to make certain timely justice.
- Commercial Courts Act 2015 stipulates obligatory pre-group mediation and agreement of industrial disputes.
- Fast Track courts: Fast music courts are being set up to expedite the justice transport and decrease the pendency of cases involving heinous crimes, senior citizens, women, youth, and so on.
Way Ahead
- Balancing reforms with judicial independence is critical.
- Achieving consensus on contentious issues calls for political will and stakeholder involvement.
- Further, imposing reforms efficiently calls for sustained dedication and resource allocation.
Source: Indian Express
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