- The incumbent Chief Justice of India UU Lalit will have a very brief stint at the helm of affairs but has initiated a few positive reformist measures which should help in clearing the litigation clog. Undeniably, the country’s judicial delivery system is under duress for want of speedy delivery of justice needs no elaboration. The mounting number of cases crying for disposals is on the rise perpetually. Millions of undertrials languishing in jails is a matter of grave concern. The axiom justice delayed is justice denied embarrassingly taunts the system as scores of innocents may be wasting their lives in anticipation of relief. However, the frustratingly slow process associated with our justice delivery system was given a definite fillip by the incumbent CJI in his own ways.
PC: FPJ Editorial
- Now, CJI UU Lalit will be paving way for Justice DY Chandrachud to take over the reins next month for a two-year plus term, the longest tenure in a decade. You may be aware that his stint on many important constitution benches and his authorship of impactful majority and dissenting verdicts has made the CJI designate a focus of more than usual interest. He also chairs the Supreme Court’s e-committee that oversees the e-courts project and other digital initiatives like virtual hearings and the more recent live-streaming of court proceedings. The moot point to ponder over here is with such a good track record on the judicial and administrative side, the big question is whether there will be interventions to resolve the growing pendency burden.
- Mind you, managing SC affairs itself is a full-time job, and putting the entire onus on resolving the pendency on CJI seems unfair. Indeed, the pendency problem straddles SC, high courts, and lower courts with different factors perpetuating it at each level. Appreciatively, the current CJI’s attempt to reform the listing of regular and admission matters in SC by having more matters heard daily and disposed of and setting up constitution benches after four years of relative disinterest on this front were the most refreshing initiatives. Hopefully, Justice Chandrachud will continue these reforms. However, speeding up delivery at HC and subordinate court levels is harder. Yes, delayed filing of judicial vacancies is one aspect deserving speedy address.
PC: Way Legals
- Note that there are five vacancies to be filled in SC presently and 336 in HCs Further, the process of identifying replacements should start early as the retirement date of every judge is known in advance. Also, HC judges retiring at 62 years doesn’t make sense at all and allowing them to stay till 65, on a par with SC judges, should be seriously considered. The scrapping of a plethora of outdated and poorly drafted laws will be helpful too. Moreover, adhering to the maxim bail, not jail would go a long way in easing the increasing burden on the system. In conclusion, the judiciary and governments have to come together to make the system better by helping ordinary citizens. Expectations about fresh attempts on these matters must be met.
