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    Judicial Reforms in India

    Uploaded by

    Arsalan Khan
    The document discusses judicial reforms in India. It notes that there are several issues with the current judicial system including delays in justice, a large backlog of cases, lack of infrastructure, and complex procedures. It states that over 2.5 crore cases are pending in subordinate courts. It provides recommendations to address these issues such as increasing the number of judges, using technology to streamline procedures, setting up specialized fast-track courts, implementing time limits for decisions, improving infrastructure, and exploring alternative dispute resolution mechanisms to reduce the burden on courts. Overall, it argues that urgent reforms are needed at both lower and higher levels of the judiciary to strengthen democracy and ensure timely justice.

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    © All Rights Reserved
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    Judicial Reforms in India

    Uploaded by

    Arsalan Khan
    59 views2 pages
    The document discusses judicial reforms in India. It notes that there are several issues with the current judicial system including delays in justice, a large backlog of cases, lack of infrastructure, and complex procedures. It states that over 2.5 crore cases are pending in subordinate courts. It provides recommendations to address these issues such as increasing the number of judges, using technology to streamline procedures, setting up specialized fast-track courts, implementing time limits for decisions, improving infrastructure, and exploring alternative dispute resolution mechanisms to reduce the burden on courts. Overall, it argues that urgent reforms are needed at both lower and higher levels of the judiciary to strengthen democracy and ensure timely justice.

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    Judicial reforms in India

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    The document discusses judicial reforms in India. It notes that there are several issues with the current judicial system including delays in justice, a large backlog of cases, lack of infrastructure, and complex procedures. It states that over 2.5 crore cases are pending in subordinate courts. It provides recommendations to address these issues such as increasing the number of judges, using technology to streamline procedures, setting up specialized fast-track courts, implementing time limits for decisions, improving infrastructure, and exploring alternative dispute resolution mechanisms to reduce the burden on courts. Overall, it argues that urgent reforms are needed at both lower and higher levels of the judiciary to strengthen democracy and ensure timely justice.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    59 views2 pages

    Judicial Reforms in India

    Uploaded by

    Arsalan Khan
    The document discusses judicial reforms in India. It notes that there are several issues with the current judicial system including delays in justice, a large backlog of cases, lack of infrastructure, and complex procedures. It states that over 2.5 crore cases are pending in subordinate courts. It provides recommendations to address these issues such as increasing the number of judges, using technology to streamline procedures, setting up specialized fast-track courts, implementing time limits for decisions, improving infrastructure, and exploring alternative dispute resolution mechanisms to reduce the burden on courts. Overall, it argues that urgent reforms are needed at both lower and higher levels of the judiciary to strengthen democracy and ensure timely justice.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Insights Mind maps

    General Studies-2; Topic: Functioning of judiciary

    Judicial Reforms in India


    1) Introduction
     The justice system is the principal instrumentality in satisfying the undertakings in the Constitution.
     The average citizen has greater trust and confidence in the judiciary.
     Speedy justice is a prerequisite for maintaining the rule of law and delivering good governance.
     Therefore, judicial reforms should be made the prime development agenda.

    2) Present Issues
     Delay in Justice
     Low Performance of India on ease of doing business because of lag in `enforcement of contract'
    largely due to the inefficient judicial system
     The National Judicial Data Grid shows there are 2.54 crore cases pending in subordinate courts.
     The system is unable to keep pace with new cases being instituted in our diverse economy.
     Barring the metros and state capitals, most of the subordinate courts lack basic infrastructure for
    judges, court staff and litigants.
     Judicial procedure is very complex and costly putting the poor at a distance from justice.
     Judicial overreach
     Six High Courts in the country are without regular Chief Justices for the past several months.
     Judicial ineffectiveness is to a great extent responsible for the increase in crimes like rape, murder,
    looting, cheating and so on.
     Supreme Court had quashed the government’s attempt to form National Judicial Appointments
    Commission (NJAC) to expedite the appointment process
     The logjam between Judiciary and Executive can only result in distress for the public.
     Financing of the judicial system has not been adequate.
     An increase in crimes against women and increase in the reporting of criminal activities, have
    contributed to rise in the workload of the judiciary.
     Thus reforms both at lower and higher levels of judiciary are urgently required to keep the pillars of
    democracy stronger and powerful.

    3) Recommendations
     Need for speedy delivery of justice and unburdening higher courts.
     Making the judicial system accessible and effective for the poor, accountability of judges and
    transparency in court proceedings
     Time limits for taking decision are to be prescribed like Slovak republic where disposal of cases in
    less than 60 days.
     More judges, streamlining procedures using information technology and increase the judge-
    population ratio to reduce delays and cut costs.
     Just like automation powered by Artificial Intelligence is already helping doctors, it can also be
    leveraged to assist judges and lawyers.
     State and Union governments should work hand in hand to address the shortage of basic
    infrastructure such as courtrooms and essential facilities for judges.
     Constitute a Performance Commission with powers to take consequential action. Many U.S. States
    have such commissions, which examine complaints about the conduct of judges.
    www.insightsonindia.com Page 1 www.insightsias.com
    Insights Mind maps

     Set up specialized commercial fast track courts to expedite the enforcement


     The judiciary should be made responsible to present its own financial needs in a professional and
    competent manner, documenting its requirements
     There should be a mechanism to regulate frivolous litigations. An efficient litigation policy will help
    a lot.
     Civil court fees structure must be suitably modified and it must be made mandatory for state
    governments to spend the entire fees so collected on building judicial infrastructure.
     Appointment of ad hoc or additional judges to clear pending cases
     Creation of a transparent, full-time independent judicial complaints commission to investigate
    complaints against judges
     Alternative Dispute Resolution mechanism, Lok Adalats etc should be explored on greater scale to
    reduce the burden of the judiciary at all levels.
     Law Commission Recommendations
    a. Equal role for judiciary, executive in appointment of judges
    b. Post of Chief Justice should not be transferable
    c. Judges must deliver judgments within a reasonable time
     These changes must be brought on urgent basis as justice delayed is justice compromised.

    www.insightsonindia.com Page 2 www.insightsias.com

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