“The First Door of Justice: Overcoming Struggles in the Lower Judiciary”

03 Sep “The First Door of Justice: Overcoming Struggles in the Lower Judiciary”

This article covers “Daily Current Affairs” and topic details of the District Judiciary and related issues.

Syllabus mapping:

GS-3: Polity- The organization, envisaged role, and actual working of the subordinate judiciary.

For Prelims:

What is the Lower judiciary, constitutional provisions, district Judge appointment, other judicial officers, and organization of the lower judiciary?

For Mains:

What are the features of the lower judiciary, issues grappled to the lower Judiciary, steps taken by the government to improve the performance, and way forward to make the lower judiciary as face of the judicial system in India?

Why in the News?

President of India Graces Valedictory Session of National Conference of District Judiciary. President Droupadi Murmu attended the closing session of the National Conference of District Judiciary, organized by the Supreme Court of India. During the event, she unveiled the Supreme Court’s new flag and insignia. In her address at the valedictory session of the National Conference of District Judiciary, President Droupadi Murmu highlighted both the progress and ongoing challenges facing the judiciary at the district level. She acknowledged recent improvements in infrastructure, facilities, training, and human resources for district courts but emphasized that more work is needed to fully address these areas.

What is the Lower Judiciary/ First door of the Judiciary?

Definition: The lower judiciary refers to the network of courts that operate below the High Courts and Supreme Court in India, including District Courts and Subordinate Courts such as Magistrate Courts and Civil Judge Courts. These courts handle the bulk of cases involving civil disputes, criminal offenses, family matters, and other legal issues, serving as the first point of contact for litigants and playing a crucial role in the initial adjudication of legal matters.

SIGNIFICANCE OF THE LOWER JUDICIARY:

1. The foundation of the Legal System: The lower judiciary, consisting of district and subordinate courts, is the bedrock of the legal system. According to the CJI, the lower judiciary serves as the initial point of contact for most individuals seeking justice, handling a vast array of cases ranging from civil disputes to criminal offenses. Scholars like Upendra Baxi emphasize that these courts are essential in ensuring that justice is accessible at the grassroots level, providing the primary interface between the legal system and the public.
2. Accessibility to Justice: Lower courts ensure that justice is accessible to ordinary citizens by being present in various districts, thus avoiding the need for long-distance travel to higher courts. Scholars like Upendra Baxi emphasize that these courts are essential in ensuring that justice is accessible at the grassroots level, providing the primary interface between the legal system and the public.
3. Case Management: These courts handle the majority of the judicial caseload, including both routine and complex cases. Their effective management of cases is vital for maintaining the smooth operation of the judicial system. The Malimath Committee Report underscores the importance of efficient case processing at the lower court level to manage the overwhelming volume of cases and ensure timely justice.
4. Public Confidence and Trust: Effective functioning of the lower judiciary is essential for maintaining public trust in the legal system. When lower courts operate efficiently, they reinforce confidence in the justice system, promoting a sense of fairness and accountability. The 14th Law Commission Report highlights that public trust in the judiciary is closely linked to the efficiency and integrity of lower courts.
5. Judicial Independence and Integrity: Ensuring the independence of the lower judiciary is crucial for fair adjudication. These courts must operate free from external influences to uphold justice impartially and maintain the integrity of the judicial process. The Bangalore Principles of Judicial Conduct emphasize the importance of judicial independence and integrity at all levels of the judiciary, including the lower courts.
6. Implementation of Legal Reforms: Lower courts are instrumental in implementing legal reforms and new legislation. Their adaptation to changes in laws and procedures is crucial for the effective administration of justice. The Law Commission of India has frequently recommended reforms to modernize lower courts, recognizing their role in the successful realization of legislative changes and legal innovations.

Issues faced by the LOWER JUDICIARY:

The lower judiciary, comprising district courts and subordinate courts, is often described as the “first door of justice” due to its critical role in providing access to justice for the majority of the population. However, this vital segment of the judicial system faces numerous challenges:

1. Case Pendency: Overall Case Pendency: Approximately 4.5 crore (45 million) cases are pending across various courts in India. Moreover, there is a significant portion of the backlog is in lower courts, including district and subordinate courts.
2. Vacancies: Around 30% of judicial posts in the district and subordinate courts are vacant as of 2023. In District Judges, Approximately 300 out of 1,200 sanctioned positions are vacant while in Subordinate Courts about 1,500 out of 5,000 total posts are unfilled.
3. Infrastructure: Over 40% of district and subordinate courts lack proper facilities such as modern computers and reliable internet.
Courtrooms and Equipment: Many courts are missing basic amenities and technological tools needed for efficient case management and record-keeping.
4. Women Representation: Judicial Representation: Women make up about 30% of the judicial workforce in lower courts. Women in lower courts face challenges such as work-life balance issues, societal biases, and fewer opportunities for career advancement compared to their male counterparts.
5. Under Trials: Approximately 70% of the prison population consists of undertrials, totaling over 3 lakh (300,000) individuals. Many undertrials remain in custody for extended periods, often exceeding the maximum sentence they would receive if convicted, due to delays and backlogs.
6. Resource Allocation: Financial and human resources for lower courts are often inadequate, including limited support staff, access to legal research tools, and effective case management systems.
7. Access to Justice for Marginalized Groups: The lower judiciary struggles to effectively serve marginalized and economically disadvantaged groups. These individuals often face barriers in accessing justice due to the distance of courts, procedural complexities, and financial constraints.
8. Corruption and Interference: Corrupt practices at the Bar and interference at the clerical level undermine the integrity of the judicial process and the pursuit of justice.
9. Outdated Laws: Many existing laws are over a century old and have become obsolete. These laws need to be repealed or amended to remain relevant and effective.

Recent government Initiatives /Policies to make the lower judiciary more effective:

1. Modernization and Accessibility of Justice
Judicial Modernization: Recognizes efforts to modernize courts and make justice more accessible.
National Conference: Notes the significance of the National Conference of the District Judiciary in addressing key issues such as case management and human resources.
Judicial Wellness: Commends the focus on Judicial Wellness to promote health and well-being in the judiciary.

2. Investment in Judicial Infrastructure
Financial Investment: Details the investment of nearly 8,000 crore rupees in judicial infrastructure over the past decade.
Infrastructure Developments: Mentions the construction of over 7,500 court halls and 11,000 residential units for judges.

3. Technological Advancements
e-Courts Project: Highlights the third phase of the e-Courts Project, which includes creating a unified technology platform.
Emerging Technologies: Discusses the use of AI and Optical Character Recognition to enhance case management and predict future litigations.

4. Legal Reforms
Bhartiya Nyaya Sanhita: Introduces significant changes in the legal framework, including the abolition of colonial-era laws and the recognition of electronic records as evidence.
Training and Awareness: Urges training for district judiciary personnel and public education on new legal frameworks.

5. Addressing Women’s and Children’s Safety
Fast-Track Courts: Supports the establishment of fast-track special courts and deposition centers for key witnesses.
District Monitoring Committees: Advocates for active District Monitoring Committees to coordinate efforts and ensure swift justice in cases of atrocities against women and children.

6. Lok Adalat and Alternative Dispute Resolution (ADR) Mechanisms: Lok Adalat and ADR mechanisms are implemented to alleviate the burden on traditional courts by offering alternative dispute resolution options. Regular Lok Adalat and the promotion of mediation and arbitration provide efficient ways to resolve disputes outside the conventional court system.
7. National Judicial Data Grid (NJDG): The National Judicial Data Grid (NJDG) aims to centralize case data across courts to improve management and resource allocation. It offers real-time updates on case status, pendency, and disposal rates, facilitating better oversight and case management.

Various measures to improve the performance of the Lower judiciary:

1. Improving Infrastructure and Resources: Modernize court facilities and technology, as recommended by the Law Commission and scholars like Upendra Baxi. The U.S. Federal Judiciary’s infrastructure program offers a model for upgrading resources.
2. Filling Judicial Vacancies: Address the shortage of judges by expediting recruitment, as suggested by the Law Commission and Justice J.S. Verma. Germany’s structured recruitment process can guide India’s efforts.
3. Enhancing Case Management: Implement advanced case management systems to handle high caseloads, as per the High-Level Committee. Singapore’s e-litigation system serves as a useful example.
4. Local Justice System Proposal: Reflecting on the Constitution’s delegation of powers to local Panchayats and Municipalities, the President proposed considering a similar local justice system. She suggested that providing justice in local languages and conditions could bring justice closer to the people.
5. Need for Coordinated Efforts: The President stressed the need for coordinated efforts between the judiciary, government, and police to tackle issues related to evidence and witnesses. She highlighted that some judicial decisions, particularly in heinous crimes, are delayed, causing a loss of public faith in the judicial process.
6. Access to Justice for Marginalized Groups: The President, expressed concern about the difficulties faced by poor people, especially those from rural areas, who often endure injustice due to the mental and financial strain of engaging with the judicial system. She called for measures to alleviate these challenges and to address the culture of adjournments. Australia’s legal aid system can serve as a model for improving access.
7. Focus on Children and Juveniles: The President highlighted the need for better support for children of incarcerated women and juvenile delinquents. She advocated for improvements in their health, education, mental health, and legal aid, emphasizing their future potential and the need for targeted interventions.
8. Implementing Technological Innovations: Advance the e-Courts project and digitalize court processes, supported by the Supreme Court e-Committee. Estonia’s digital court system offers a template for modernization.
9. Training and Capacity Building: Invest in regular training for judges and staff, as advised by the Law Commission and Justice M. N. Venkatachaliah. The UK’s continuous professional development programs are a useful benchmark.
10. Addressing Corruption and Ethical Issues: Enforce strict anti-corruption measures and ethical standards, as recommended by the Law Commission and Professor Debasree Chakraborty. Hong Kong’s anti-corruption framework can guide reforms.
11. Reforming Outdated Laws: Update and codify outdated laws to reflect modern needs, as suggested by the Law Commission and Justice S. Muralidhar. New Zealand’s approach to regular legal reform can be a model for India.

CONCLUSION:

The journey toward a ‘Viksit Bharat’ and a ‘Naya Bharat’ is deeply intertwined with the modernization of our District Judiciary. As we embrace recent reforms and work towards a more efficient and robust lower judiciary, our collective efforts will pave the way for a justice system that is both accessible and effective. The commitment to this vision not only strengthens the foundation of our legal system but also upholds the values of justice and fairness that define our democracy. Together, we can realize the dream of a Developed India by 2047, ensuring that every citizen’s right to justice is fully honored.

Download plutus ias current affairs eng med 3rd Sep 2024

PRELIMS QUESTION:

Q. With reference to the lower judiciary in India, Consider the following statement:
1. A District Judge is also known as a Session judge when he/she Presides over civil cases.
2. The district judge cannot impose capital punishment.
3. The District judge is the head of the district administration in that district.
How many of the above-given statements are correct?
A. Only one
B. Only two
C. All three
D. None

ANSWER: D

MAINS QUESTION:

How can the implementation of frequent Lok Adalat’s and alternative dispute resolution mechanisms be optimized to manage the case backlog and expedite the resolution of cases in lower courts?

(150 words 10 marks)

Munde Dhananjay Navnath