Indian Express Editorial Analysis 25th December 2017

Indian Express Editorial Analysis 25th December 2017

The Price of Justice :-

Context :-

  • In democracies, elected governments often view a strong and independent judiciary with suspicion. Politicians, regardless of ideology, desire a weak and submissive judiciary which will not come in the way of fulfilling the promises made before elections.
  • The Executive, at all times, tries to keep the judiciary in check. One such way is to keep the judiciary’s budgetary allocation to a bare minimum.
For example :- 

For 2017-18, the Union budget allocated a meagre Rs 1,744 crore to the judiciary — about 0.4 per cent of the total budget according to which 12 companies with the highest non-performing assets (NPA) have debts at least eight to 10 times more than the judiciary’s budget.

Why our judiciary underperform ?
There are three things which made judiciary underperform :-

  • Poor manpower
  • Crumbling infrastructure
  • Boom in PIL’s
  • Enactment of New Laws by Executive
  • Not increasing judicial officers or courts.
  • Judicial decision-making is a complex, time-consuming process. It directly affects the rights and livelihoods of persons,
Perfect example of  for Judiciary under-performance :- 

New law were enacted by parliament in 1988 as, dishonour of cheques was made a criminal offence. There are an estimated 38 lakh such cases pending before magistrates across India. This took away manpower from other cases, with a cascading effect on pendency. There are reportedly about 3.4 crore cases pending across all courts.

Let’s just look at Statistics :-

  • As of April 2017, there were 430 posts of judges and additional judges lying vacant in high courts
  • 5,000 posts vacant at the district level and lower.
  • In the Supreme Court (SC), each judge is tasked with reading more than 60 cases on a Monday and Friday, that is, at least 120 on two days.
  • For 1.7 billion people in India, there are 31 judges in the SC and 1,079 in high courts.

Conclusion :-

If Govt really wants to improve the efficiency of Judiciary then Govt need to take care of certain things like :- 

  • Budgetary allocation for judiciary must be high which will ultimately improve the poor infrastructure of courts.
  • Need to improve the salary of judges
  • Needs to fill up the vacancies and should allocate funds to setup new courts & Govt must keep aside their issues with SC because judiciary must be free from executive power if govt really want to improve the efficiency.

 

Leave a Reply