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November 22, 2024

Daily legal Current : 22 Nov 2024/Judicial reform in India: Challenges  & Way forwards

Judicial reform in India: Challenges  & Way forwards

Responsive Judicial System:

Article published in Indian express: 22 Nov,2024

  • Exactly one year ago, the Supreme Court’s Centre for Research and Planning (CRP) published a report, ‘State of the Judiciary’, in which the current Chief Justice of India (CJI) Sanjiv Khanna’s suggestions find a place.

What are challenges that article highlights?

  • The administrative bottlenecks
  • Subordinate Court Backlogs – Over 45 million civil and criminal cases are pending
  • 55 per cent of a judicial officer’s day in the criminal courts is spent on routine administrative tasks such as issuing summons and setting dates, rather than substantive judicial work.

❖ Case Management Problems -Poor case-flow management systems

❖ Structural Issues – Limited resources and infrastructure

❖ Administrative Overload on Judges

  • Shortage of qualified people in the court registries.
  • There is a 27 per cent shortage of non-judicial staff across the country. Some states like Bihar, Rajasthanand Telangana had shortages veering nearer to 50 per cent.

Reforms Needed :

❖ Performance Metrics for Judges & positive reinforcemnet for performers (SC Centre for

research and planning)

❖ Empower supervisory authorities (High Courts) to oversee subordinate court performance

❖ Leveraging Technology – VC facility – Summoning etc

❖ Induction of Experts from Outside the Judiciary

  • Divesting administrative responsibilities
  • open reviews of case disposal
What is Open review?

Open reviews involve a transparent and systematic examination of how cases are being managed and disposed of by lower courts.

This can include:

  • Performance audits of judges and court staff.
  • Monitoring the pendency of cases and reasons for delays.
  • Identifying procedural bottlenecks or inefficiencies in case management.
  • Ensuring accountability and adherence to prescribed timeframes for different case types.

Case study: Cataract Blindness Project of the 1990s/

Steps Taken :

  • e-filing
  • digitization
  • half the district courts
  • Delhi High Court’s Zero Pendency Courts project

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