Judiciary is the bulwark of Bharat’s democratic edifice. It grapples with the formidable task of dispensing swift and equitable justice in the times of rapidly evolving Bharat. Despite concerted efforts to curtail the burgeoning backlog of cases, a substantial number of legal disputes languish in the judicial labyrinth, casting a pall over public confidence in the judiciary’s efficacy in performing its pivotal role of safeguarding the rule of law. To revitalize the judiciary’s credibility and ensure that justice is not merely served but also perceived to be served, a comprehensive overhaul of the judicial system is imperative.
A multifaceted approach to address the judicial quagmire is crucial. Judiciary, that is both efficient and impartial is indispensable for a thriving democracy, and it is imperative that we collectively strive to re-cloak it and ensure that justice is not merely a lofty ideal but a tangible reality for all.
Judiciary epitomizes rule of law and is like a jewel in the crown of the world’s largest democracy, that is Bharat. It is crucial for the judiciary to be independent in order to be virtuous and empowered enough to be able to preserve the mandates enshrined in the Constitution of India.
In a recent meeting between our Prime Minister Narendra Modi and Chief Justice of India D.Y. Chandrachud at the inauguration of the National
Conference of District Judiciary in New Delhi, our Prime Minister called Judiciary the guardian of our democracy and expressed specific concern over crimes against women and stressed upon the need for better coordination among the criminal justice system to ensure swift justice as stringent laws are already there to deal with such crimes. Swift justice would give greater assurance of the safety of women, he added. The Prime Minister said that works have been done at many levels over the past 10 years to end judicial delays and that the government has spent about 8,000 crores for the development of judicial infrastructure. The Chief Justice of India also said that the quality of work and the conditions in which the judiciary provides justice to citizens determine whether they have confidence in the judicial system. President Droupadi Murmu at this conference unveiled a new flag and insignia for the Supreme Court of India to commemorate its 75th Anniversary that symbolizes justice and democracy.
As on September 1, 2024 there are almost 82,243 pending cases out of which almost 10,238 are more than ten years old as per the Supreme Court of India Virtual Justice Clock data. Such a huge pendency rate at the Apex Court of Justice raises pertinent questions as regards effective and speedy justice. It specifically lays stress upon the much needed judicial reforms to raise the confidence level of the citizens in the judiciary.
The legal precedents benchmark the progress of legal reasoning and decisions over a particular issue. They lay a strong foundation for the future construction of the edifice of law. For instance, it was emphasized by the Supreme Court of India in the landmark case of Hussainara Khatoon v. Home Secretary, State of Bihar (1979) that the right to speedy justice is a fundamental right, implied under Article 21 of the Constitution of India.
The Common Law Jurisprudence is the forefather of the justice system in Bharat. To quote the words of prominent British statesman, William Ewart Gladstone “Justice delayed is justice denied. A long delay in the administration of justice is as much injustice as a perversion of it.” He underscored the importance of timely justice and emphasized that delayed
justice would tantamount to denial of justice as it would undermine the very purpose of the legal system and erode public confidence in the rule of law.
Bharat, the second most populous, fast developing Nation is struggling with the burgeoning pendency of litigation, such that there is an imminent need for reforms in the justice delivery system to effectively deal with the issue and promote speedy redressal of pending disputes. Such pendency is a poignant reminder that the pursuit of justice must be timely and efficient.
There are numerous instances when during the incessant delays the petitioner dies and the very cause of action often dies with them, such that with the untraceable whereabouts of the legal heirs who again are the hapless victims of circumstances, there is no one left to carry the cause forward and the court may often dismiss the case as infructuous.
In the case of P.C.Modi v The Jawaharlal Nehru Vishwa Vidyalaya and Another (2023), the petitioner, a sports teacher, sought to challenge his age of retirement, as he was discriminated against the other class of teachers by the College which gave him an early retirement. After almost eighteen years, by the time he got justice from the Supreme Court which upheld that the teacher be treated like other teaching staff, the petitioner had already retired. The petitioner had lost the opportunity to serve the remainder of his tenure due to the delayed justice delivery system.
Given the multifaceted jurisdiction of the final court of appeal such as original, appellate, advisory and review, there is an impending need to raise the sanctioned strength of judges from the current strength of 34 which is grossly disproportionate for a population size of about 143 crores.
The humongous work pressure upon judges often takes a toll on their mental health. The Chief Justice of India while speaking at the inaugural ceremony of the ‘National Conference on the District Judiciary’ at the Supreme Court in his address underlined how judicial officers dealing with a variety of cases and the emotional baggage of the parties, need to balance their professional work with mental well being too. A greater pressure lies on the shoulder of the Supreme Court Judges as the Apex Court is also the designated court of ‘complete justice’. To quote the words of the CJI, “These multifarious responsibilities bring extraordinary challenges. It is difficult for a judge not to be affected by the actual face of suffering that each of us encounters every day – a family which is coming face to face with a gruesome crime, an undertrial who is languishing for years or the children in a parental matrimonial dispute. Judges are despite being professionals, affected by their own brush with reality. Their mental health may suffer as a consequence”.
Judges and advocates equally face issues of mental fatigue, emotional detachment, stress, anxiety and a lack of work-life balance. There is a need to incorporate empathy on either side of the dias to make the system more efficient. Little empathy is needed on the part of the victim to understand the human nature of judges and the advocates, who are bound by legal procedures and nuances to ensure the delivery of comprehensive justice. Similarly, little empathy is expected on the part of the judges to not unnecessarily delay the process, to take voluntary retirement if they themselves are not physically or mentally fit to perform their job efficiently, to not get biased easily which is an inherent feature of human nature, to maintain rationality of decision, to not give unnecessary adjournments and to understand the fact that empathy towards advocates can also help with speedy justice as advocates ultimately fight for the cause of their clients, which demands patient hearing within the bounds of Natural Justice, instead of hasty disposal or dismissal of cases. The Supreme Court has plenary power to interpret and apply the law in a manner that serves justice by providing equitable relief that may not be available from the lower strata of judiciary.
The “culture of adjournments” should go, President Droupadi Murmu said in her address at the closing ceremony of the two-day National Conference of District Judiciary. She further said that poor villagers should not fear coming to courts, apprehensive that prolonged litigation fuelled by the “culture of adjournments” would make their lives worse. They should not prefer to suffer injustice quietly rather than seek justice in court. President Murmu
coined the phrase ‘black coat syndrome’ for the high stress levels that ordinary citizens experience in the courtrooms. She compared it to the ‘white coat syndrome’ which the patients feel in the hospitals.The President said the rural population of India considered judges in the lowest to the highest courts as Bhagwan. But their faith and confidence would fail, their smiles would disappear from their faces, if cases take 10 to 32 years to finish. Her excellency Murmu thus drew attention to the perennial problem of pendency in courts.
There is also a dire need of the hour to actively promote Alternative Dispute Resolution (ADR) mechanisms like mediation and arbitration to reduce the burden on the Courts. Advocates must be trained with the required skill set so that they are well equipped to resolve disputes in a speedy manner and thereby help alleviate the burden from the shoulders of the traditional courts.
Technology integration not just at the apex court but also at the high courts and the lower courts is also required to promote e-filing, efficient record keeping and virtual hearing of the cases, in order to speedify the justice delivery mechanism.
The legal fraternity must remember the words articulated by Lord Hewart that “Justice should not only be done but should also be seen to be done”. The integrity of the judicial system hinges not only on the outcomes of cases but also on the perceptions of justice held by the community. When justice is visible and transparent, it fosters trust in the legal system, ensuring that individuals believe in the fairness and impartiality of judicial proceedings. Upholding this principle is essential for maintaining the rule of law and the legitimacy of the judiciary in a democratic society by strengthening public confidence. Let justice find its wings and fly, let it no more wait in the wings and die.
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