Reforming India’s Judicial System

The Indian judiciary is at a pivotal moment where justice and compassion must unite to address the growing challenges in the legal system. While laws and institutions provide the structure for justice, it is the compassion of those within the system that truly brings these frameworks to life. The surge in pending child sexual abuse cases, from 71,000 in 2017 to 236,000 by the end of 2023, coupled with the prolonged detention of under trials from marginalized communities highlights the urgent need for systemic reform.

Central to this reform is the integration of compassion into the justice process. Proposals to include compassion training for judicial and police officers, assess their performance through a “compassion quotient,” and ensure legal interpretations respect human rights without undermining core principles, offer a transformative approach to enhancing the judiciary.

Current Major Issues Related to Indian Judiciary

Case Pendency:
The Indian judiciary is overwhelmed with a massive backlog of cases, significantly delaying the timely delivery of justice. The Supreme Court alone faces a backlog of nearly 83,000 cases, the highest in its history. On average, cases in Indian courts remain pending for 3-5 years, with some dragging on for decades. This enormous delay not only denies litigants prompt justice but also erodes public trust in the judicial system.

Judicial Vacancies:
The shortage of judges at all levels of the judiciary continues to be a critical issue, directly contributing to case backlogs. As of July 2024, the Supreme Court has 32 judges, two fewer than its sanctioned strength. India’s 25 High Courts, with a sanctioned strength of 1,114 judges, have only 782 positions filled, leaving 332 vacancies. The situation in lower courts is even worse, with over 5,000 vacancies reported in district and subordinate courts as of February 2023. This shortage places an immense burden on existing judges and further slows the judicial process. Disagreements between the judiciary and the executive over appointments worsen the problem.

Infrastructure and Technological Gaps:
Despite efforts to modernize, many Indian courts still lack adequate infrastructure and technological support, hampering efficient justice delivery. There is a shortage of 4,250 courtrooms and 6,021 residential units for the sanctioned 25,081 district judges. Additionally, 42.9% of courtrooms have been under construction for more than three years. The e-Courts project, aimed at digitizing court processes, has made progress but faces significant implementation challenges, especially in lower courts and rural areas. Closing this digital divide is essential for enhancing access to justice and reducing case backlogs.

Lack of Judicial Accountability:
The absence of a robust judicial accountability mechanism is a major concern, affecting public confidence in the judiciary. The current system of impeachment for removing judges is rarely used and is considered inadequate for addressing misconduct that doesn’t warrant impeachment. The proposal for a National Judicial Appointments Commission (NJAC), intended to replace the collegium system, was struck down by the Supreme Court in 2015, sparking ongoing debates about balancing judicial independence with accountability. Allegations of corruption, along with controversies surrounding post-retirement appointments, have intensified calls for greater transparency in judicial functioning.

Access to Justice Barriers:
Significant barriers to accessing justice remain, particularly for marginalized and economically weaker sections of society. Over the past decade, the proportion of undertrial prisoners in Indian prisons has risen from 66% in 2012 to 76% in 2022, with many of them belonging to disadvantaged communities and facing caste-based discrimination. In a landmark ruling on October 3, 2024, the Supreme Court declared caste-based discrimination in prison manuals unconstitutional. The high cost of litigation, complex legal procedures, and language barriers often discourage individuals from seeking justice. Although legal aid services are available, they are underutilized. The India Justice Report 2019 found that while 80% of India’s population qualifies for legal aid, only 15 million people have benefited from it since NALSA’s inception in 1995.

Executive Interference and Judicial Independence:
The delicate balance between judicial independence and executive oversight remains a contentious issue. Recent incidents of perceived executive interference in judicial matters have raised concerns about the erosion of judicial autonomy. One such case is the controversial transfer of Justice S. Muralidhar from the Delhi High Court in February 2020, which is often cited as an example of executive overreach.

Judicial Overreach and Activism:
The fine line between judicial activism and overreach continues to spark debate. While judicial activism has resulted in landmark rulings protecting fundamental rights, critics argue that it sometimes encroaches upon the legislative domain. For instance, in the Anoop Baranwal case (2023), the Supreme Court ruled on the appointment process for Election Commissioners, establishing a selection committee that includes the Prime Minister, Leader of Opposition, and Chief Justice of India. Critics claim this ruling interferes with the executive’s role, disrupting the balance of power within India’s democracy.

Enforcement of Judgments:
The challenge of effectively enforcing court orders and judgments is a persistent issue. Many court orders, particularly those against government bodies, go unenforced. Despite numerous judicial directives for the government to clean up the Yamuna River, pollution levels remain high due to inadequate infrastructure, lack of political will, and powerful vested interests. This failure to enforce judgments undermines the courts’ authority and denies justice to successful litigants. The absence of a streamlined monitoring system for ensuring compliance further weakens the judicial system’s overall effectiveness.

E-filing and Digitisation of Case Records:
As of July 31, 2023, 18,36,627 cases have been e-filed, with 65% in District Courts. However, only 48.6% of District Court complexes have functional e-filing facilities. Moreover, around 12 billion pages, mostly comprising legacy records of disposed cases, need to be digitally preserved. Progress on this front has been slow, delaying efforts to streamline and modernize case management.

Measures taken by the government

National Mission for Justice Delivery and Legal Reforms:
Established in August 2011, the mission aims to improve access to justice by reducing delays and backlogs while enhancing accountability through structural reforms and performance benchmarks.

Infrastructure Development:
The Centrally Sponsored Scheme (CSS) for Judicial Infrastructure has played a crucial role in constructing court halls, residential quarters for judicial officers, lawyers’ halls, and digital computer rooms.
As of 2023, the government has allocated ₹9,755.51 crore since the scheme’s inception in 1993-94.

Digitisation Efforts:

e-Courts and IT Enablement: The e-Courts Mission Mode Project seeks to improve justice delivery through digital tools. Key achievements as of 2023 include:

Computerization of 18,735 district and subordinate courts.

Video conferencing setup for 3,240 courts connected to 1,272 jails.

e-Sewa Kendras: By 2023, 689 centers were established to provide case information, judgments, and e-filing support.

Virtual courts: 21 virtual courts across 17 States/UTs have handled over 2.53 crore cases and collected ₹359 crore in fines by January 2023.

Alternative Dispute Resolution (ADR) Mechanisms:
To promote ADR, the Commercial Courts Act, 2015, was amended in 2018 to mandate Pre-institution Mediation and Settlement (PIMS).

Lok Adalats: These nationwide courts have resolved millions of cases, settling 7.53 crore cases between 2021 and 2023.

Tele-Law and Pro Bono Initiatives:

Tele-Law Programme: Launched in 2017, this program offers legal advice to disadvantaged groups through Common Service Centres (CSCs).

As of February 2023, 34.28 lakh cases have been registered under Tele-Law.

Pro Bono Advocates: A panel of volunteer lawyers provides free legal services via platforms like Nyaya Bandhu.

What can  be done?

• Streamlining Case Management through Technology:
  India can significantly reduce case pendency by fully implementing and expanding the e-Courts project, emphasizing the digitization of court records, online case filing, and AI-assisted case management.
• Alternative Dispute Resolution (ADR) Mechanisms:
  Enhancing and promoting ADR methods such as mediation, arbitration, and Lok Adalats can greatly alleviate the load on formal courts.
• Judicial Appointments and Vacancies:
  Addressing judicial vacancies requires a twofold strategy: expediting the appointment process and increasing the sanctioned number of judges.
• Specialized Courts and Tribunals:
  Establishing additional specialized courts and tribunals can accelerate case resolution in specific legal areas.
• Legal Aid and Access to Justice:
  Improving legal aid services is vital for enhancing access to justice. India can look to the Netherlands’ model, where every citizen is entitled to subsidized legal aid based on their income.
• Judicial Performance Metrics and Accountability:
  Introducing a transparent system for evaluating judicial performance can increase accountability and efficiency within the judiciary.
• Compassion Training for Judicial Officers:
  Implementing compassion training programs for judicial officers at all levels can significantly improve the quality and fairness of justice delivery.
• Judicial Outreach and Public Education:
  Raising public awareness about the legal system can reduce unnecessary litigation and improve compliance with court orders.

Embracing compassion alongside legal principles can significantly transform the justice delivery system. Incorporating compassion training and enhancing public understanding of legal processes will foster a more empathetic and efficient judicial framework. With these reforms, India can ensure that justice is not only served but also seen as fair, equitable, and accessible to all citizens.

The End of the Blog: Reforming India’s Judicial System