Major Challenges to The Indian Judiciary: A Critical Analysis | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Constitution of India is a distinctive document formulated to address crucial national matters, affirming the nation's commitment to ensuring every citizen's fundamental rights encompassing social, economic, and political justice within our Sovereign, Secular, and Socialist Democracy.
• The Constitution of India upholds a range of rights classified as 'Fundamental Rights' in Part III and provides guidelines for a welfare state in Part IV known as 'Directive Principles of State Policy.'
• Post-independence, the government has strived to establish a welfare state, granting extensive powers to administrative and executive bodies for effective governance. However, this approach has sometimes led to arbitrary actions, prompting the judiciary to protect citizens' rights by interpreting the constitution as the ultimate guardian.
• In the present context, it is crucial for the Indian Judiciary to adapt to contemporary challenges by embracing the essence of the Secular Socialist Republic, interpreting the country's legal framework through a lens of radical humanist jurisprudence. This involves developing innovative judicial approaches such as affirmative action and an activist court methodology to uphold the principles enshrined in the Constitution of India.

Major Challenges to the Indian Judiciary

Judicial Accountability and Independence

• Judiciary in India faces challenges related to accountability and independence, impacting the quality of judgments, backlog of cases, and issues of judicial corruption.
• Former Chief Justice of India, Y.K. Sabharwal, emphasized the importance of transparency and accountability in judicial conduct to maintain public trust.
• The Constitution of India ensures judicial independence but also mandates mechanisms for judicial accountability, such as the impeachment process for removal of judges.
• Challenges include maintaining a balance between judicial independence and accountability to uphold a just and accountable society.

Appointment System of Judges

• The appointment of judges in India has faced challenges with instances of executive interference affecting judicial independence.
• Historical cases like S.P. Gupta v. Union of India highlighted the debate over the appointment process, emphasizing the role of the Executive and the judiciary.
• The Supreme Court rulings, like in the Supreme Court Advocates on Record Association v. Union of India, have shaped the appointment process, emphasizing the role of the Chief Justice of India and the Collegium system.
• Proposals like the establishment of a National Judicial Commission have been suggested to reform the appointment process for higher judiciary positions.

Backlog of Cases

• The Indian judicial system faces a significant backlog of cases due to factors like legal complexities, insufficient resources, and traditional methods.
• Data from various reports show a high number of pending cases in the Supreme Court, High Courts, and subordinate courts, highlighting the need for judicial reforms and increased manpower.
• Recommendations such as the establishment of fast track courts, alternative dispute resolution methods, and setting time limits for case disposal have been proposed to address the backlog.
• Efforts to modernize the judicial system and enhance efficiency are crucial to tackle the backlog of cases effectively.

Infrastructure

• The infrastructure of Indian courts requires updating and development to meet the evolving needs of the justice system.
• Improvements in court buildings, case management systems, use of information technology, and accessibility to legal services are essential for enhancing the efficiency and dignity of court proceedings.
• Information technology can play a vital role in case management, court administration, and public access to legal information, leading to a more transparent and efficient judicial system.
• Efforts to establish electronic courts and computerization of court records can streamline legal processes and improve overall judicial functioning.

Judicial Activism

• Judicial activism involves the judiciary addressing policy issues of public importance beyond its traditional role as an adjudicator.
• While judicial activism can bring about social change, it is essential to maintain the separation of powers and uphold the basic structure of the Indian constitution.
• Balancing judicial activism with the need to respect the roles of other branches of government is crucial to prevent conflicts and ensure a harmonious functioning of the democratic system.
• Superior courts must exercise their jurisdiction judiciously, focusing on vital matters and avoiding unnecessary interference in trivial issues to maintain a balance of power and prevent judicial overreach.

Conclusion

• The Indian judicial system serves as the bedrock of India's social evolution, and as such, it must uphold and adapt to the Constitution of India with a flexible approach. Despite facing numerous challenges such as accountability, judicial activism, case backlogs, infrastructure deficiencies, and judicial appointments, there exist viable solutions in various innovative approaches of the 21st century.
• By embracing novel dimensions, the judiciary can effectively address these challenges and fulfill the aspirations outlined in the preamble of the Constitution. This may involve implementing necessary amendments to introduce incremental changes to the system, ultimately facilitating the achievement of peace and prosperity for the people of India within the framework of a true democracy.