Short On judges justice a dish served cold

Lets know how well judicial reforms have performed and what have been done to tackle the situation of failing of Indian judiciary on Cases

Que :- How Well Judicial Reforms have performed & What have been done to tackle the situation of failing of Indian Judiciary on cases.. Support your answer with examples.

Ans :- Indian judiciary in dire straits :-

  • Nearly 2.6 crore cases are pending in the district and subordinate courts across the country
  • There are only 16,874 judges to try them — that’s around 1,540 cases per judge
  • Vacancies are another problem, with 5,580 or 25% of posts lying empty against the sanctioned strength of 22,454 judges

Reform efforts in the judicial sector

  • Most States and their High Courts do not adhere to the schedule laid down by the Supreme Court for filling up judicial vacancies
  • The recruitment process does not take place in a regular and timely manner in a number of States
  • In its judgement in the All India Judges’ Association case, the Supreme Court had outlined three ways of appointing district judges
  • As per the Supreme Court, a two-tier process comprising a written exam and an interview should take 153 days, whereas a three-tier examination procedure comprising a preliminary exam, a written test, and an interview should take 273 days

Systemic defects in the appointment process

  • Exams are not conducted frequently enough to fill vacancies as they arise
  • Even when they are, the High Courts are often unable to find enough meritorious candidates to fill the vacancies advertised.
  • Unclear recruitment procedures and difficulties in coordination between the High Courts and the State Public Service Commission also frequently give rise to disputes and litigation surrounding recruitment, further stalling the process

SC initiated reform

  • Last year, the Supreme Court’s Centre for Research and Planning came up with an extensive research on the manpower requirement of district courts across the country
  • Earlier this year, the Supreme Court had initiated its own public interest case to look into the viability of a centralised selection mechanism for appointment of judicial officers in subordinate judiciary

Other measures

  • The earliest attempt to address the issue of backlog was in the Rankin Committee Report, 1924-2012
  • It concluded that quality of judicial administration can be improved only when the problem of arrears is tackled
  • The 120th Law Commission of India report on Manpower Planning in Judiciary, 1987, contained significant suggestions for reducing pendency and, for the first time, suggested a judge strength fixation formula
  • It suggested that the judge-population ratio in India be increased immediately from the then ratio of 10 judges to 50 judges per million
  • The report said since the demographic factor is the predominant consideration while delimiting legislative boundaries, demographics should be the basis for fixing judge strength

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