Issues in Judiciary

Pending of cases(2019)	Delhi HC report "Zero Pendency Courts" - 2019 National Judicial Data Grid (NJDG) 1 judge per 73000 population seven times than USA Civil can never get fully disposed off Criminal would require 30 more years at present rate of functioning Average hearing for a judge is 70 and 2 minutes for each case (reduced quality)
Impacts	Economic growth Low per capita income Reduced contract enforcement, EoDB Discourage investments Stall projects Hamper tax collections Escalate legal costs Social: High crime rates High poverty rates Poor public infrastructure Overcrowding of prisons, 150% Violation of human rights. Constitutional Violation of FR under article 21 Justice Delayed is Justice Denied
Cause	solution
Executive Neglecting human and financial resources. Low spending on Infra (0.09% of GDP) SC report Could only accommodate 15K officers against  sanctioned strength of 20K, SC report. Delay in appointments Interference Low judges-population- ratio(150 per million in US and 20 per million in India, 50 LCI) Govt. is the largest litigator. (46% cases)-LIMBS	Infrastructure, PSC- State should provide suitable land Finance Appointment procedure Reduce litigation by government Fill up the posts of court managers Digitization of all courts in one year.
Judicial Vacancies (25% lying vacant in subordinate courts, Delhi HC report) Reduced number of sittings (only 188 whereas rule specify minimum 225 days.) Adjournment are granted too easily. (norm of 3 not followed in more than 50% cases). SLP in Supreme Court 40% of cases, reduced time to constitutional cases Judicial administration Lack of transparency (NO RTI) Lack of financial autonomy Overburdened by administrative works Lack of judicial accountability  Lack of expertise on commercial issues. Frivolous argument of advocate that leads to extension of process Corruption, incapacity, inefficiency in lower judiciary	Judge Strength Judge strength fixation formula: 120 LCI report Retired judges as Ad hoc judicial officer Increasing retirement age: ES 2018-19 Increase in number of working days. (Sub work 244, SC only 190) Administrative work: Filing up of court manager post A separate dedicated office for administrative work ES 18-19 Indian Court and Tribunal Service for admin. Work Imposition of exemplary costs for adj. on flimsy grounds. Having definite time frame to dispose cases. Strict code of conduct for judicial officials, All India Judicial services, improving subordinate courts/. IT: Use of ICT for better categorization of cases Electronic filing of cases and e-courts are welcome step Revamping National Judicial Data Grid. Collegium system must recommend for appointment of all judicial posts Corruption : cool off period should be introduced Inclusion in RTI reserved judgements, no. of pending cases Strict code of conduct. Accountability Judicial Standards and Accountability Bill,2012 could be revived Use of ICT
Legislative Complexity of legislation Dysfunctional elements	Old complex laws: Repealing Simplification and codification
Others In efficiency(very low use of technology) Incapacity of investigation agencies Resource constraint Increased awareness leading to more filling of cases. Absence of witnesses.	Alternate Judicial system Lok-Adalat for civil and family matters Gram Nyalaya to manage small claim disputes Legal services authorities should undertake pre-litigation mediation to reduce flow of cases Fast track court, Family court Reforms in Criminal Justice System like Police reforms, Separation of Investigative and Law and order functions, Prakash singh reforms.
Steps taken	The enactment of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. Amendments to Arbitration and Conciliation Act, 1996 and the Negotiable Instruments Act, 1881. Setting up of Lawyers’ Academy in Kochi to improve the quality of Legal Education in India, National Mission on Justice Delivery and Legal reforms(2011) Reducing delays Ensuring Accountability  e-Courts Integrated Mission Mode Project e-Governance project to be implemented in High Courts and District and subordinate courts Is being implemented by National Informatics Centre Less paper court and finally paperless courts National Judicial Data Grid
	Fast track courts Mobile courts Shift system in subordinate courts Lok adalat ADR Gram Nyalaya 2 former judge and 2 social worker Plea Bargaining Judicial education and training Zero tolerance to judicial corruption
Conclusion	Accessibility, affordability and speedy justice.

Judicial Accountability	Sexual harassment case against CJI by former SC employee. Justice Karnan case casts doubt on judicial appointment process
Need	Independence of Judiciary must be balanced by Accountability mechanism Executive and legislature are accountable to the judiciary and people at large. But who is judging the judges Lack of accountability mechanisms: Appointment: collegium reform, Parliament and executive have no role in appointing judges Removal and punishment: (not a single judge is removed till now) only an option of removal through impeachment under Article 124(4) and 217(1) Conduct of judges: Involved in corruption (Justice Ramaswami Case, Justice Soumitra Sen). Opacity in the operations of judges: Inhouse mechanism for investigation Information assymetry: Judiciary has kept itself out of RTI No time frame for furnishing information No appellate mechanism No penalties for delays Using contempt of court, judiciary have silenced the rightful critics Judicial overreach in many cases
Implications	Erosion of public trust in judges and Judicial system. Impacts independence when there is no accountability Against the principle of natural justice.
Steps so far	Contempt of Court (Amendment), bill 2003 was introduced Judicial standards and accountability bill, 2010 was introduced Draft MoP is discussed Merit and Integrity as prime criteria Performance appraisal for appointment as CJ of HC Setting up permanent secretariat in Supreme court. NJAC which was struck by judiciary SC approved live streaming of court proceedings
Way forward	Judicial Standards and Accountability Bill, 2012 could be reviewed and must be passed. Formal and comprehensive code of conduct for judges should be put in place Memo. on collegium must be comprehensive and have accountability with in it. Contempt of court power to be revisit: Should be tried by independent commission Two level judicial discipline model: First level as fine or suspend judges for misdemeanors Second level removal for serious misconduct. Increasing transparency through live proceedings in other courts as well. Independent judicial lokpal can also be setup. National judicial oversight committee with in Judiciary entrusted with this task Transparency and accountability in functioning through the use of ICT, RTI etc

Judicial Accountability and Transparency v/s Independence
Appointment of Judges	Problems of Collegium Opaque Corruption and nepotism , arbitrary No objective criteria No oversight No Check and Balance Conflict of interest Delay in appointment Issue with NJAC Presence of law minister Appointment of eminent person Secretariat of NJAC in law ministry Veto power (2 or more than two ) Dilution of independence of Judiciary Issue with MoP for selecting judges Struck between judiciary and government (veto in the name of national security)
Need for Independence	Checks and Balances To exercise check on executive and Legislative excesses Keshava Bharati : Doctrine of Basic Structure Second Judges case Functional independence Independence in appointment  Post-retirement (even after collegium ) Employment and appointment Foreign trips  are in the hands of government
Issues	Diversity in appointment is needed eg SC/ST/OBC/Women. Time bound selection process. Age limit: HC is 62 and SC is 65. Both should be increased to 70. Issue of Independence Post retirement appointments: scope for patronage. There should be a cool down period of 2-3 years after retirement or other measures like formation of a committee which shall take over the task of appointing the retired judges to tribunals or commission Need for young judges: (presently age limit is around 45-50) Law commission in one of its report shows that there is need to bring in the new judges who would bring freshness and vigour to the courts. solution: to consider a 'zone of consideration' which would consist the 5 senior most judges for the respective post
Need of full time independent Body Prashanth Bhushan (both of executive and judiciary ) The Campaign for Judicial Accountability and Reforms	Work load : Law minister and official judges are already very busy person (at least 1000 candidate) Transparency Objective and predefined criteria (British Judicial appointment commission ) Public disclosure Members : retired judges, lay person (Govt. + Judiciary )
Conclusion	The road to securing judicial accountability is long and hard, but proper accountability for such a powerful and vital organ like the Indian judiciary is essential for the survival of the rule of law and democracy in this country. The time has come for the people of the country, who are the real stakeholders in an honestly functioning judiciary, to assert themselves and demand for such a body to be appointed and this scuffle over judicial appointments to be laid to rest.

Live streaming	In supreme court
For	Right to Justice under article 21 Concept of open courts, wider public can see proceedings Promote transparency in proceedings Lack of physical infra for more members to be physically present In a step for digitization Helps to build the right perception for people in public cases like sec 377
Against	Make judges subject to popular public opinion Role of judiciary cannot be equated to role of legislature Individuality of judges more likely to become public debate Lawyers aspiring to publicize themselves Audio and video recordings would better help
Way forward	Only case of constitutional importance should be live streamed as pilot project Live proceedings: Unanimous consent of the parties Provide transcribing facilities and archive for audio-visual of the proceedings.

Judicial Transparency
Use of technology	ICT CCTV and live proceedings of the cases Integrated case management information system at apex court e-filing, status, fee, notice, records, dates etc all online National judicial data grid (NJDG). Tele-law initiative Legal aid services through common service center across panchayats Pro-bono : legal aid and advice from pro-bono lawyers(free) through online platforms Nyaya mitra
RTI	For Comes under the definition of public authorities Increase the public faith and trust Accountability  and Transparency On moral ground Against Confidence and credibility in case of disclosure Independence of courts No clear stand Some have set up PIO High fees Different rules SC : Registrar general of Court's decision should be final and not of the CIC Collegium minutes disclosure issue

Excessive government litigation

50% Issues: money, time, judiciary image, ease of doing  etc What to do: New National litigation policy (earlier 2010 was failed) efficient and responsive ADR Regulate to facilitate Procedural and administrative overhaul like better grievance redreassal,  behaviour reforms etc

Contempt of court	Anything that curtails freedom of judicial proceedings, disrespect, interference
Types	According to Contempt of court 1971 Act Civil-- wilful disobedience Criminal -- scandalization, lowering authority,
Constitution	Under article 129 and 215 SC and HC are court of record and have power to punish contempt of itself
Issue	Routinely evoked to punish expression of dissent recently issued notice to Arundhati Roy for supporting Dr. Saibaba Media Lawyers Civil Society Political Institution
Law	So in 2006 Parliament amended Contempt of Court Act of 1971 and added two additional safeguards if substantially interferes or serve a public interest
For	To prevent Choas and anarchy For better functioning of Judiciary Sanctity and dignity Citizen Will lose faith in judiciary To prevent the excess of legislature and executive
Against	Chilling effect on 19(1) under 19(2) Individual autonomy Curtails innovative critics Cannot be made accountable Misused by courts Widespread corruption and malpractices
International scenarios	England already abolished thee ground scandalisation in 2003

   

Judges and Retirement Positions	Refusal of a post retirement job by a SC judge
Facts	Vidhi Legal center, 70 out of 100 SC judges have taken post retirement jobs
Accept:	Legal Knowledge, that they acquire during their tenure Constitution doesn't bar them from accepting post retirement jobs Statues lay down guidelines, constitutional or of quasi-judicial bodies
Not accept:	Separation of power and Judicial independence, Conflict of interest, since GoI is appointing and is itself is biggest litigant 1st Law Commission Chairman, recommended, judges of higher judiciary should not accept any post retirement jobs Politicisation of Judiciary.
Balance:	Cooling-off period: Minimum 2 years after retirement Increase age of retirement, (USA Judges never retire, UK 70 years) Retired Judges should form a committee for appointment of persons, among them Amend the existing laws which require SC judges and other person to appoint Envision a transparent process, RM Lodha, before a judge retires there should be option for pensioner or drawing salary from judges Amending the constitution: Article 148, (barring cag from post retirement job).

  

NATIONAL COURT OF APPEAL	Separate court of Appeal with benches in Chennai, Mumbai and Kolkata SC will deal only issue involving Constitutional Law and Public Law Final court of justice in dealing with civil, criminal, labour and revenue matters
Structure	SC at Delhi with separate constitutional and legal division A National court of Appeal with regional benches.
Why or need?	To ease the SC's burden Different part of INDIA (access) Constitutional cases pending
Current situation or Facts	Govt. in 2014 passed an order that such court is constitutionally impermissible Petitioner: Appeal is not for separate regional benches of SCs but for separate judicial body Constitutional case are only around 8 as comparison to 100 in the early years
Pros	Cost will reduce to people. Quality: will increase Access No of cases filed is far greater in northern region (Delhi Punjab12% ) then southern(2%) Backlog reduction Law commission Cassation Benches as recommended by 229th Law commission report at four places as successful in Italy, US and Egypt.
Cons (criticism)	Will dilute the constitutional superiority of SC Strengthen subordinate judiciary Issue of proximity is relevant only up to high courts and can't be extended to SC Government: reluctance CJI: may affect the unity of India Not addressing the root cause like efficiency and vacancies One more institution will not help
Challenges	Already vacant 400+ seats in HCs Reservations of previous CJIs Reservation of GOVT. Article 130 says SC shall seat in Delhi It will completely change the constitution of SC
Constitution	Under Article 130 CJI can determine the seat of SC other than Delhi
Way ahead	A progressive step but it will be better if we first strengthen the existing institutional by various Judicial Reforms
Conclusion	In a manner that would not undermine the authority of SC If the reform or reorganisation of SC is not undertaken on priority basis than the Influence of SC could be undermined by other organisation like legislature.

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