Open Forum

New Delhi, 12 May 2016

Judicial Expansion:

VITAL TO CLEAR CASES BACKLOG

By Dhurjati Mukherjee

The judiciary has been playing an exemplary role be in the political, social, environmental and religious spheres. Despite, some politicians alleging that the courts are transcending its role and limit, they fail to realize this is because the judiciary has exposed the Government’s inefficiency, callousness and corruption at different tiers of the Administrative system.    

Shockingly, a measly 0.2 per cent is the annual budget for the judiciary compared to 4.3 per cent in UK, 1.4 per cent in US and 1.2 per cent in Singapore. Undeniably, this needs to be enhanced at least four times to address the urgent need for proper infrastructure, increased strength of judges and staff.

Further, in 1956 there were 22 lakh cases pending in courts which has now gone up to over 3 crores, an increase of 1500 per cent. The huge backlog includes cases over 90 lakhs in subordinate courts and around 30 lakh cases in high courts.

Indeed, so pathetic is the judicial infrastructure existing at the bottom level which needs to be addressed immediately. This was underscored at a recent conference of Chief Ministers and judges wherein the Chief Justice of India TS Thakur chided the Government for shortages of judges which threatens the country’s development.

Expressing dismay of the judicial system’s neglect, the CJI recalled that the Government had promised to raise the judges’ strength to 40,357 in 1987, yet three decades later the number stood at 7675. The vacancy in the High Courts has now touched 470.

More scandalous, as of  last month there are just 25 Supreme Court judges, 594  in High Courts which total a mere 619 judges in the higher judiciary for a population of over 1.25 billion people. Overall, the judge-population ratio is way below the desired level.

According to the 2011 census, there are just around 16 judges per million which has now considerable come down. In comparison Australia has 41, Britain 50, Canada 75 and America 107, highlighting the low priority given to our judicial system.

Predictably, the inadequate judicial back-up results in a humungous backlog of cases, leading to inordinate delays in settlements thereby affecting the poor and economically weaker sections.

Clearly, the reason for neglect of development of judicial infrastructure by subsequent Governments at the Centre and States can be attributed to judgments which indict Governments for their inefficiency and corruption.   

Obviously, the political class does not want a strong judiciary at all levels. Asserted former Supreme Court judge AK Ganguly, no Central Government wants a strong judiciary notwithstanding this is one of the basic requirements in our Constitution.

Undeniably, this situation cannot be allowed to continue and alternative dispute resolution, such as Lok Adalats needs to be promoted. Also, there should be some mechanism of resolving disputes amicably or through an authority.

Presently, the High Courts’ jurisdiction is so extensive that they are overburdened with all kinds of social, political or economic problems. Some legal experts, including former CJI Altamus Kabir avers that “a strong network of national legal services should be set up in every sub-division to provide justice to people through para-legal volunteers”.  

Certainly this is an innovative step as litigation involves a lot of money which the poor cannot afford. According to a nation-wide survey (by a Bengaluru NGO Daksh) the loss of wages for litigants attending court hearings is estimated at over Rs 50,000 crores a year at an average of Rs 1746 per case per day.

Consequently, the economically weaker sections and low income groups mostly loose genuine cases and do not get justice from our judicial system as they cannot afford high expenses. 

Therefore, making justice accessible and affordable is a long-felt need which President Mukherjee emphasized in his speech at the 150^th anniversary celebrations of Allahabad High Court recently. Said he, it has to be seen that justice is not denied to any citizen on account of economy or any other disability.

Furthermore, even though he underlined the judiciary’s strengths, the President regretted, “It is yet to fully meet the aspirations of our people for speedy and affordable justice which shows the pendency of cases in the country”.    

Meanwhile, the decision of the Chief Justice to appoint ad-hoc judges for a period of two years till they attain the age of 62, as per Article 224A is a step in the right direction. These judges would preside over ‘holiday courts’ and primarily tackle criminal cases where appeals have not been heard for over the last five years. In fact, ‘holiday courts’ is a new concept agreed upon by State Governments and the judiciary during the two-day conference. 

Bluntly, there is an imperative need to strengthen the judicial infrastructure at the sub-divisional and district courts all over the country and appoint more judicial magistrates and judges. It is only through new recruitments on an urgent basis can pending cases be disposed off.

It should be ensured that all cases, whether civil or criminal, should be settled within a maximum period of three years, which should steadily be brought down to two years after two-three years.

The famous axiom: Justice delayed is justice denied is true in our country and hence needs to be kept in mind while formulating a future strategy.

The Government needs to give the same importance to judiciary as it does to the civil services. Perhaps, due to the fact that unlike most civil servants who toe the line of the Party in power, the judiciary has mostly taken a principled stand.

Raising a moot point: Is lack of good governance the cause for an in increased number of people approaching courts for justice? And multiplying the number of cases?  

In sum, there has to a systematic action plan to ensure that poor people get justice at all costs. If bank interests can be waived and gas connections given free, why cannot there be a panel of advocates in each court who would fight cases free of cost for those who cannot afford to pay?  

The Government should fix rates for advocates who represent the poor and economically weaker sections. Additionally, cases of the poor should be taken up on priority.

Time now for the Government to come out with a White Paper on what it plans to do. How long would it take to fill up judges vacancies and judicial magistrates? Creation of new posts in the 12^th and 13^th Plan period should be time-bound and States should be directed to improve the judicial infrastructure.

This would go a long way in improving our judicial system and making it accessible to the masses. ----- INFA 

(Copyright, India News and Feature  Alliance)