oppn parties Increase Judicial Infrastructure, Fill Vacancies and Stop Frivolous Adjournments To Clear Pendency

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
oppn parties
Increase Judicial Infrastructure, Fill Vacancies and Stop Frivolous Adjournments To Clear Pendency

By Sunil Garodia
First publised on 2022-05-02 03:52:01

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

After six years, the conference of Central and state leadership and top judges was held in New Delhi on Saturday, April 30, 2022. Speaking on the occasion, CJI N V Ramana said that non-performance by the executive, poorly drafted laws by the legislature and alarmingly low number of judges which stand at just 20 per million people, were the main reasons behind the huge backlog of cases. While these are valid reasons for much of litigation, they are not the only reasons for pendency.

Justice Ramana said that "if tehsildars acted on farmers' grievances, if the panchayats and civic bodies discharged their duties, if the revenue authorities acquired land following due process, if service laws were applied fairly and if police investigations were fair and no illegal arrests made, majority of the cases would not come before the courts". He added that "of the legislature passes a law, with clarity of thought, foresight and with people's welfare in mind, the scope of litigation is minimized".

While these are valid points and the executive and the bureaucracy must act with efficiency, diligence and fairness by adhering to the letter and the spirit of the law at all times to prevent litigation, is it also not a fact that whenever executive action is taken, the party against whom or in whose favour such action is taken finds some fault with the action and approaches the courts for redress? For instance, even when someone is awarded compensation, they think it is too low and file a case to get an enhanced amount. Is it also not a fact that however well a law is drafted, there are litigants and lawyers who will challenge its provisions in a court of law? No law can be foolproof and every law is interpreted by litigants and lawyers as per their reading and they approach the courts to get the correct judicial reading.

Hence, if cases will come to court even if the executive acts fairly and even if laws are enacted after due debate and discussion, what is needed is to find out ways to how to deliver speedy justice and avoid pendency. Thus, the third point made by CJI N V Ramana is most important. If India has just 20 judges per million people, it cannot hope not to have pendency of cases, especially when both the government and the people have a tendency to rush to the courts even for small matters. The Centre and the states agreed at the conference to increase judicial infrastructure and establish a national judicial infrastructure development authority with state units in which the chief justices and chief ministers of respective states would be members. This is a good development and should be fast-tracked.

The need is to set up more courts, increase the number of judges, fill vacancies in a planned manner and dispose of cases fast by not allowing too many adjournments. In an editorial, The Times of India has suggested that the retirement age of judges in the Supreme Court and the High Courts should be raised to 70. This is a good suggestion and the government can look into it as it would increase productivity. The matter of appointment and transfer of judges should also be revisited (after the scuttling of the NJAC) and the executive and the judiciary must agree upon a formula which results in a smooth process of such appointments and transfers. The main thing is that the process should be so strong that there should be no vacancies in high courts and the Supreme Court at any time.