Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Issues in the Subordinate Judiciary.
Context:
The lower judiciary – litigation, pendency, stagnation India’s lower judiciary is struggling with massive pendency, inefficiency, and structural weaknesses, with nearly 4.69 crore cases pending in district courts and overburdening the system.
Key Highlights:
Issues in the Subordinate Judiciary:
Prolonged Litigation and Pendency:
- Inefficient Procedures: The Code of Civil Procedure and Civil Rules of Practice, intended to streamline court proceedings, often contribute to delays.
- Subordinate judges spend a significant amount of time on administrative tasks like issuing summons, receiving vakalatnamas, and calling cases, leaving them with limited time for substantive case disposal.
- Ministerial Work Overload: The current system forces judges to handle clerical and ministerial tasks, diverting their attention from core judicial functions.
Solutions to Improve the Subordinate Judiciary:
Procedural Reforms:
- Dedicated Ministerial Court: Establish a dedicated court in each district court to handle ministerial tasks such as calling cases, recording ex parte evidence, issuing summons, and receiving vakalatnamas and written statements.
- Streamlined Case Listing: The ministerial court can prepare a daily list of cases for trial and arguments, which can be posted on the website in the evening.
- Automatic Continuation of Final Decree Proceedings: Make final decree proceedings an automatic continuation of preliminary decree proceedings, eliminating the need for a fresh application.
- Simplify Execution Proceedings: Reduce the number of rules under Order XXI of the Code of Civil Procedure and streamline the process of execution of decrees and awards.
Enhanced Training and Development:
- High Court Bench Training: Mandate that newly appointed civil judges and senior civil judges undergo training with different High Court Benches to observe court proceedings, judge-lawyer interactions, and judgment analysis.
- Continuous Professional Development: Implement ongoing training programs to keep judges updated on new laws, legal developments, and best practices.
Improving the Quality of Judicial Appointments:
- Prioritize Experienced Lawyers: Emphasize the appointment of experienced lawyers with a proven track record in various branches of law.
- Rigorous Selection Process: Implement a rigorous selection process that assesses candidates’ legal knowledge, analytical skills, and judicial temperament.
Addressing Pendency in the Higher Judiciary:
- Expeditious Disposal of Cases: The higher judiciary should prioritize the expeditious disposal of cases while ensuring a thorough and fair hearing.
- Embrace Modern Technology: Implement technology-driven solutions such as e-filing, virtual hearings, and case management systems to improve efficiency.
Improving India’s lower judiciary demands comprehensive reforms better procedures, stronger training, updated laws, and higher-quality appointments to boost efficiency, cut pendency, and ensure timely justice.
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