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Civilization emerges from the lawless jungle riding on the back of a juridical system that resolves disputes through non-violent means. India has had an uneven history in this regard but the relatively stable structure that we had inherited from the British is crumbling because people are now, often, taking the law into their own hands. Justice is being denied to large sections of the population simply because of abnormal delays, There are so many examples of this sorry situation that it is pointless to give specific instances. The fact is too well known. The question is: What can we do about it?

Measurement is the first step that leads to control and eventually, to improvement. Every one of those 3 crore and more cases need to be captured in a searchable database. This is not as intractable a problem as it sounds. Every court in the country publishes a daily cause list that has the essential details of every case that is scheduled to be heard on a day. Fortunately, all this data is in digital format and most of it can be found online. A reasonably sophisticated text analysis software can be developed to extract this data and convert it into a form that can be stored in a structured searchable database for subsequent analysis.

The next step would be to track changes in the cause list over successive dates and determine the “speed” at which a case is moving through the system. The biggest cause of delay in the system is because hearings are postponed, often on trivial grounds, and the next date of hearing is months away. So, by tracking cause lists over a couple of months, it would be possible to determine, how many times each case comes up for hearing and what is the interval between these hearings. From this, it would be possible to build a life history of every case.

Some people may balk at the sheer volume of the task and the fact that the difference processing must be done every day, but thanks to open-source technologies like Hadoop, this problem can be addressed very comfortably.

Within a short period, this will create a real-time picture of the topology of juridical delay across the entire country. Where are the hot spots? Where are the biggest bottlenecks? What kinds of cases are held up the most?

Which courts are the biggest culprits?

Instead of crying hoarse about the delay in general, we can now seek out troublesome areas and focus the best minds in the juridical system to come out with specific solutions to the most difficult problems. Solutions will emerge, once the contours of the problem are clearly visible.

One specific approach to the de-bottlenecking problem would be to motivate judges to improve the efficiency or throughput of the system. Judges have immense authority to allow or disallow adjournments based on their perception of the situation on the ground and this in turn has a direct impact on juridical delay.

However, they are not motivated to expedite matters. Continuing with our belief in measurements, we may consider a mechanism to monitor their performance and offer a set of performance-related rewards—though this may be unheard of in government service.

Those with a deeper understanding of the judicial process may produce a better metric but one can begin with a simple one that depends on just two factors. First, the number of final judgments that a judge delivers every month, and second, the number or fraction of judgments of a judge that are subsequently overturned on appeal at the next level, The first would be a measure of speed and the second would be a measure of quality or reliability of the work done by a judge. By creating a composite metric that gives an appropriate weightage to both factors, it should be possible to measure the performance of most judicial officers in the country.

This simplistic measure may not be appropriate for judges, who are seized of complex matters like constitutional law or international jurisprudence but should be good enough for almost all those involved in more run-of-the-mill cases—and this would constitute most cases that are clogging the system.

Such a mechanism is no different from a formal performance appraisal system that is used by most well-managed corporate organizations to evaluate all but the most senior members of the management.

It should not be beneath the dignity of any judge to be evaluated in a similar manner, especially because the evaluation would be done within the framework of the juridical system of the country and not by any external agency that may have a mala fide agenda.

Going along With the corporate analogy, it may be a good idea if judges were to view themselves less as lofty dispensers of justice and more as providers of dispute-resolution services. From this perspective, a litigant is no longer a supplicant begging for relief but a customer who, through his court fees and taxes, is paying for the resolution Of a dispute.

If judges can reconcile themselves to the fact that the relationship between a litigant and a judge is no different from that between a customer and a vendor, then many Of the best practices Of the corporate world can be transferred to the rather archaic corridors of the judiciary.

Q1: What is most likely to be the source of this passage?
(a) Law Commission Report
(b) Research Paper on Judicial Reforms
(c) Letter to the Editor of a Daily Newspaper
(d) Opinion Editorial of Journal
Ans: (a)

Sol:  (a) Law Commission Report:
A Law Commission Report is a document prepared by a statutory body tasked with reviewing and recommending reforms in the legal system. The passage discusses various issues within the judicial system, such as delays, lack of transparency, and accountability, and suggests potential reforms to address these problems. Such detailed analysis and recommendations align with the purpose of a Law Commission Report. Therefore, this option is the best choice.

(b) Research Paper on Judicial Reforms:
A research paper on judicial reforms would also likely discuss problems within the judicial system and propose solutions. However, research papers often have a more academic tone and may include more extensive citations and references to existing literature. The passage does not include such citations or references, nor does it have the formal structure typically associated with academic research papers. Therefore, while this option is plausible, it is not the best choice.

(c) Letter to Editor of a Daily Newspaper:
A letter to the editor of a daily newspaper is usually shorter in length and more focused on expressing personal opinions or experiences rather than providing a detailed analysis of systemic issues like those discussed in the passage. Additionally, letters to the editor often respond to specific events or articles published in the newspaper, whereas the passage seems to stand alone as a comprehensive discussion of judicial system problems. Therefore, this option is less likely to be the source.

(d) Opinion Editorial of Journal:
An opinion editorial in a journal typically presents the author's viewpoint on a specific issue or topic. While the passage does express opinions about problems within the judicial system, it also provides a detailed analysis of these issues and suggests potential reforms. Opinion editorials often have a more informal tone and may not delve into as much detail or provide as many recommendations as the passage does. Therefore, while this option is plausible, it is not the best choice.

So, the correct answer is (a) because the detailed analysis of problems within the judicial system and the suggestions for reforms align with the purpose and structure of a Law Commission Report.

Q2: Which of the following best describes the author’s opinion on the current judicial system?
(a) Legal Infrastructure is inadequate to handle the volume of cases reaching the courts.
(b) IT department within the judicial machinery is archaic and inept in performing its tasks.
(c) There are abnormal delays in the judicial system due to a lack of visibility and Accountability.
(d) The immense autonomy that lies with judges allows them to act as per their whims and fancies.
Ans: (c)

Sol: (a) Legal Infrastructure is inadequate to handle the volume of cases reaching the courts.
While the passage might hint at issues with the legal infrastructure due to delays, it doesn't explicitly state that the infrastructure is inadequate to handle the volume of cases. The focus of the passage is more on delays and lack of visibility and accountability rather than on the volume of cases.

(b) IT department within the judicial machinery is archaic and inept to perform its tasks.
The passage does mention IT as one factor contributing to delays, but it doesn't solely blame the IT department. Moreover, it doesn't suggest that the IT department is archaic or inept, rather it mentions modernization efforts. Therefore, this option is not the best choice.

(c) There are abnormal delays in the judicial system due to lack of visibility and Accountability.
This option closely aligns with the passage. The author discusses delays and attributes them to the lack of visibility and accountability in the judicial system. Lack of transparency and accountability leads to delays, as mentioned in the passage. Hence, this is the best choice.

(d) The immense autonomy that lies with judges allows them to act as per their whims and fancies.
The passage does not discuss the autonomy of judges as a primary reason for delays. While it mentions judges' discretion, it doesn't suggest that their autonomy leads to delays. Therefore, this option is not the best choice.

So, the correct answer is (c) because it accurately reflects the author's opinion as expressed in the passage.

Q3: Which of the following qualities is shown by the judges according to the author?
(a) They are quite high-headed and don’t see themselves as public servants.
(b) They are incompetent and keep adjourning the cases.
(c) They are not motivated enough to carry out their duties.
(d) They are apathetic to hardships faced by litigants.
Ans: (d)

Sol: (a) They are quite high-headed and don’t see themselves as public servants.
The passage does not explicitly state that judges are high-headed or have a sense of superiority. While it does mention that judges enjoy significant autonomy, it does not suggest that they see themselves as anything other than public servants. Therefore, this option is not supported by the passage.

(b) They are incompetent and keep adjourning the cases.
The passage does not imply that judges are incompetent. It mentions delays in the judicial system, but it attributes these delays to broader systemic issues such as lack of visibility and accountability rather than the incompetence of individual judges. Therefore, this option is not supported by the passage.

(c) They are not motivated enough to carry out their duties.
The passage does not directly address the motivation levels of judges. While it discusses delays and lack of transparency, it does not suggest that judges lack motivation to carry out their duties. Therefore, this option is not supported by the passage.

(d) They are apathetic to hardships faced by litigants.
This option aligns with the information provided in the passage. The passage mentions that judges enjoy significant autonomy, which can lead to decisions being made without sufficient consideration for the impact on litigants. This lack of consideration for the hardships faced by litigants suggests a degree of apathy. Therefore, this option is supported by the passage and is the correct answer.

So, the correct answer is (d) because the passage suggests that judges may be apathetic to the hardships faced by litigants due to the significant autonomy they enjoy.

Q4: The tone of the passage can be best described as:
(a) Laudatory
(b) Searing
(c) Didactic
(d) Persuasive
Ans: (d)

Sol: (a) Laudatory:
A laudatory tone would imply that the passage is praising or expressing admiration for something. However, the passage primarily discusses problems and challenges within the judicial system, such as delays, lack of transparency, and accountability. It does not contain expressions of praise or admiration. Therefore, this option is not the best choice.

(b) Searing:
A searing tone suggests intense criticism or condemnation. While the passage does criticize aspects of the judicial system, such as delays and lack of transparency, it does so in a relatively measured and analytical manner. It doesn't convey a sense of extreme outrage or condemnation. Therefore, this option is not the best choice.

(c) Didactic:
A didactic tone implies that the passage is instructive or educational, aiming to teach or impart knowledge. While the passage does provide information about issues within the judicial system, its primary purpose seems to be to inform the reader rather than to explicitly teach or instruct. The tone is more analytical than didactic. Therefore, this option is not the best choice.

(d) Persuasive:
A persuasive tone aims to convince or sway the reader's opinion. In the passage, the author discusses problems within the judicial system and suggests potential solutions, such as increased transparency and accountability. By presenting these arguments and solutions, the author is attempting to persuade the reader that these changes are necessary. Therefore, this option is the best choice as it accurately reflects the overall tone of the passage.

So, the correct answer is (d) because the passage aims to persuade the reader by presenting arguments and suggesting solutions to problems within the judicial system.