Syllabus: GS-II, Subject: Polity, Topic: Judiciary and tribunals, Issue: Issue with global university ranking system
Context: Recently SC acknowledged the ineffectiveness of the bail system
- Indian prisons are overcrowded (118%) with 75% under-trial.
- In Satender Kumar Antil vs CBI case, SC has recognized the ineffectiveness of bail system and has issued comprehensive guidelines –
- Timelines for bail application disposal and the need for separate legislation.
- Emphasized on the principle of ‘presumption of innocence’ and advocated for ‘bail not jail’ as the norm.
    Ways to reform the system:
- Gather empirical evidence on parameters such as– bail application rates and acceptance/rejection proportions.
- Effective enforcement of safeguards against arbitrary arrest.
- Reducing the discretionary power in bail adjudication which often leads to denial of bail or imposition of onerous conditions for granting bail.
- Re-evaluation of the current bail system which assumes risk of financial loss is necessary to ensure the presence of the accused in court.
