REFORM IN JUSTICE DELIVERY SYSTEM

The Chief Justice of India stated that the pendency of cases is a major issue and the problem is intensifying very rapidly. Judicial reform is not merely a policy matter and human sensitivities should be kept at the centre of all the deliberations on this issue.

Data

• More than 40% of cases are decided after three years in India, whereas in many countries less than 1% of cases are decided after three years.
• About 70% of prisoners in India are undertrial and are mostly poor citizens and backward classes.

Challenges of the Judicial System

• Lack of necessary infrastructure and high pendency of cases.
• Ineffective planning in the functioning of the courts with more outdated laws like section 124A of IPC
• There has been no time frame prescribed for the court for the disposal of cases.

Niti Aayog state that with the current rate of disposal of cases, it will take more than 324 years to clear the backlog, and the pandemic has also made it worse.

• Almost the entire three-tier justice delivery system has been computerized and equipped with modern technology however the section of the lawyer’s fraternity has resulted in a slow-paced migration to the digital format.

What led to the under performance of the Indian judiciary?

The main factor contributing to under performance of the judiciary highlighted by the Malimath Committee Report are as follows:

• Population explosion leading to Litigation explosion
• Hasty and imperfect drafting of legislation
• Plurality and accumulation of appeals as well as the inadequacy of judge strength
• Failure to provide adequate forums of appeal against quasi-judicial order.

Recent development in the Judicial System

• The CJI has said to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in the trial court.
• The regular court proceeding in our Indian court in such unprecedented times are either being adjourned or have been carried out virtually via videoconferencing.
• The e-court portal is a one-stop solution for all stakeholders like the litigant, advocates, government agencies, police, and the common citizen. The portal has a multi-language system.
• The filling of cases through the internet which is known as e-filing. It has multiple advantages like:

1: It has proven to be effective in saving time and money for traveling

2: Physical presence in the court is not mandatory

3: It has impacted the environment positively by reducing the paper footprint

• Online payment can be made by the citizen using the e-payment portal which will reduce the usage of stamps, cheques, and cash.
• The data of cases pending at the national, state, district, and individual court levels are now made accessible to the general public as well as the researcher and the society at large through the National Judicial Data Grid.
• The E-Sewa Kendra is set up as a one-stop center for accessing all the facilities provided under the e-court project, it has been set up in the high court and one in the district court of each state on the trial basis

Measures for better working of the Judicial System

• Creating National Judicial Infrastructure Corporation (NJIC) NJIC: this will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive power to operate independently of the union and the state government.
• Appointment reform: many experts advocated the need to appoint more judges with unquestionable transparency in such appointments.
• Creating All India Judiciary Services: this would be a landmark move to create a pan India service that would result in a wide pool of qualified and committed judges entering the system.
• Running two shifts of courts: filling all vacancies may result in a requirement of about 5000 courtrooms `and a simple solution would be to run 5000 courts in two shifts.

Addressing the judicial problems by the government and the judiciary itself can make the Indian judicial system rank among the top countries in the world. Judicial System reforms will not only empower the common people but will have a multiplier effect in strengthening Indian democracy.