Judicial Reforms in India in recent Times

Introduction:

“The courts must reform, so that they can preserve.”- Justice Chelameswar

A strong and impartial judicial system is the need for the well functioning of a state. The mechanism of law in India dates back to ancient times and has undergone substantial reforms since then. Many of the laws prevalent during the British era are annulled now because it was the need of the state.  Why a judicial reform is essential to be incorporated in a system and why do we need to bring reforms in the current legal scenario, let’s talk about in detail in this article.

What are Judicial Reforms?

Judicial reforms are either the complete or partial change brought about in the legal system of a country. Therefore, the modifications or alterations brought about in the country’s judiciary system is judicial reform.

Multiple types of alterations are present.

These include:

• codification of law (the process of collecting and rewording the law of a certain area, under any particular jurisdiction, especially in civil law jurisdictions),
• removing old laws (such as the quashing of the hundred and fifty-year-old law that declared adultery to be a crime punishable by law according to Section 497 of The IPC ),
• changing the present laws,
• writing and forming new laws, or
•  changing of an inquisitorial system(court investigates facts of the case) to an adversarial system(court acts as an impartial coach between the plaintiff and the defendant)

 Judicial reforms are necessary. Reforms have been occurring in the judicial system, since long dating back to the era of Manu, to the period of Alexander II, to Lord Cornwallis who introduced reforms in three phases 1787, 1790 and 1793 respectively and to this day. Judicial reforms are therefore necessary, to be changed by the state from time to time.  (Team, 2019).

Why do We Need Judicial Reforms?

Independence of the judiciary is directly connected with human rights and liberties of the society. Rights and various other liberties enshrined on the citizens would be reduced to the level minimum and will lose its value if not directly enforced by courts. Hence, it is necessary that the judicial system is duly guarded, strengthened and well-organized from the roots. So, the freedom to operate independently of the judiciary is an indispensable condition for the protection of the rights of the citizens. The independence of the judiciary is put to the actual test when situations are difficult or the judiciary is used for political propaganda. At such times judiciary is itself on a trial basis. The judiciary also faces threat from the inside. The judiciary can enjoy the repetitive confidence of the people only if it proceeds with dedication and hard work.

Subsequent delay in the rendering of cases by the courts frustrates the purpose of justice. The judiciary is facing the threat of mounting arrears and endless delays. The system can yield results only if we abide by the norms of the system. Delay leads to dismay and creates disillusionment in, those who put up their faith in the system. (India)

Current Scenario

• The amount of cases pending in various courts in India is staggering. [1]
• The solution lies in expanding court infrastructure and judges in courts.
• The present scenario of infrastructure in the judicial setup is highly under-utilised.
• Tribunals such as the Income Tax Tribunal, work on half-day basis maximum times.
• Adding to the adversity, most courts are closed for Christmas and summer vacations.
• Judges are not held accountable for efficiency and performance.
• Thousands of Indians find it difficult to afford to go to court as legal costs are high and legal procedures are very complicated.
• Personal hearings are mostly not required in terms of most tax matters.
• Article 21 of the Constitution of India enshrines people with the right to Speedy trials.   Any delay in expeditious disposal of criminal trial infringes the right to life and personal liberty guaranteed under article   21   of the Constitution.   The right to life and liberty according to article The debate on judicial arrears has thrown up a number of ideas on how the judiciary can set its own house in order.
• The office of the Chief Justice of India is transferable. After the Emergency period, this practice was imposed. The Chief Justice is a new man, who comes for a limited period rather unaware and new to the place and passes his time anyhow. He has to widely rely on others for policy decisions in various matters of administrative importance.
• Poor have to face problems regarding seeking justice due to the highly sophisticated, costly and slow judicial procedure.
• Lawyers in addition to being champions of various laws also have a social responsibility of helping the ignorant and the underprivileged to attain justice. This element is highly absent from present times. (NETWORK, 2020)

Recent Judicial Reforms

1. Judicial Appointments Commission

After the necessity for Judicial Reforms arose in India, FDR / Lok Satta had proposed various recommendations for Judicial Reforms including the creation of an All India Judicial Service (AIJS) and National Judicial Commission (NJC) respectively to ensure ease of work in the lower courts and incrementing accountability in the judicial system.[2]

The power of appointment of judges by the Supreme Court is highly unconstitutional and abrogates the system of checks and balances in accordance with the executive and legislative.

Formation of All-India Judicial Service (AIJS)

The number of judges in the trial courts whose capability and standard are a necessary driving force for enhancing the integrity of the whole justice system. Hence, it is highly recommended to create All-India Judicial Service, just like the Indian Administrative Services and Indian Police Service. FDR/Lok Satta in 2010 had urged for the examination to facilitate the formation of the Indian Judicial Service. [3]

• Speedy implementation of The Gramnyayalayas Act, 2008

The government in an address to the Parliament committed for the simpler, faster and better dispensation of justice in the lower courts and a policy of zero tolerance for violence against women, and to safeguard the criminal justice system for its effective implementation.

The Gram Nyayalaya Act was legislated in 2008, for ensuring speedy justice deliverance in accordance with the summary procedure. (Reforms)

The Way Forward

• The number of judges should be increased in courts keeping in mind accountability and expertise.
• The number of working hours in courts should be increased and judges should devote full time to judicial work.
• It has also been suggested that the Gujarat and Delhi model of evening courts should be adopted.
• The number of fast track courts should be increased.
• Lok Adalats can deal with petty cases outside the normal court channel. The willful consent of both the parties is the prime factor to be taken into account while delivering judgements at Lok Adalats.
• It is recommended that a certain time period should be decided for the deliverance of justice.
• Cases involving criminal offences should use the option of plea bargaining as suggested by the Malimath Committee should be utilized. [4]
• Legal aid related awareness should be promoted and broadcasted.
• Employment of certain procedural innovations should be done. Clubbing of cases belonging to the same category should be done and ultimately given priority by the court (NETWORK, 2020)

References:

Judicial Reforms – Why India Needs it ?

Judicial Reforms

Judicial Reforms in India UPSC

https://www.civilserviceindia.com/current-affairs/articles/judicial-reforms-in-india.html

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• [1] The Economic Survey of 2019-2020 dedicates a chapter to the pendency of tax cases and revenue cases.

• [2] The introduction of the National Judicial Appointments Commission (NJAC) Act, 2014 and The Constitution Act, 2014 point out on the active participation of the two organs of the government and transparency in the judicial system.

• Similarly, the Judicial Standards and Accountability Bill, 2013 which seeks to create a permanent and credible mechanism to look into complaints filed in regard with judges, and create mechanisms of judicial liability has lapsed with the dissolution of 15th Lok Sabha.

• [3] Article 312 of the Constitution provides for the creation of an All–India Judicial Service (AIJS) common to the Union and the States. 

• [4] (Plea Bargaining: If the accused admits his crime then in return he is given less punishment which will result in speedy delivery of justice.)