The Big Picture - Strengthening Judicial Apparatus

Hello and welcome to Rajya Sabha Tv… You’re watching the big picture with me Frank Rausan Pereira. Expressing concern over pendency of cases, Chief Justice of India Ranjan Gogoi on Sunday said that more than two lakh cases are in courts for 25 years, while over 1,000 cases have not been disposed of even after five decades. Speaking at a public function, Gogoi said though the judiciary faces criticism for the huge number of pending cases, it is not entirely responsible for the delay as the executive also has some responsibility in the justice delivery mechanism. He also expressed hope that the Centre will accept his proposal to raise the retirement age of high court judges to 65 years from the current 62. Meanwhile the Lok Sabha on Monday gave its nod to a bill to increase the strength of Supreme Court judges from the present 30 to 33. As of now, the Supreme Court has a sanctioned strength of 30 judges, plus the chief justice of India which makes it 31 judges. On this edition of The Big Picture we will analyse what needs to be done to strengthen our judicial apparatus. Joining me on the program today are:

Guest - Justice Yatindra Singh, Former Chief Justice, Chhattisgarh High Court.
Prof. S. K. Verma, Former Director, Indian Law Institute.
Satya Prakash, Legal Editor, The Tribune.

Anchor - Frank Rausan Pereira

[adeitykaushik]

Strengthening Judicial Apparatus
Introduction
* pendency of cases-more than two lakh cases are in courts for 25 years, while over 1000 cases have not been disposed of even after five decades
* 2012- national court management systems report -15 cr cases-pendency in next 3 decades, requirement-75000 judges
* proposal to raise the retirement age of high court judges to 65 years from the current 62
* Lok Sabha on Monday gave its nod to a bill to increase the strength of Supreme Court judges from the present 30 to 33. the Supreme Court has a sanctioned strength of 30 judges, plus the chief justice of India which makes it 31 judges. 8 judges- independence

Root of the cause
* Executive- responsibility in the justice delivery mechanism
* High courts responsible for appointment
* Manpower & Infrastructure collapse-trial courts-more than 5000 vacancies, 2.74 cr cases pending, 20:1million- lowest in the world
* Frequent adjournments, lengthy procedures, related issues
* Technology- typewriters being used

Tacking the problem
* Quality & no of judges & courts, filling vacancies
* Banning post retirement appointments
* Indian Judicial service-upsc, high court should not select judges
* Dst level monitoring, punctuality
* Technology, mediation, consultation & Lok adalats

Way Forward
* Executive- constructive administration can save court’s time, appointments & monitoring
* New cases should not be taken on the cost of unsettled pending cases, timeframe & prioritisation
* Technology & paperless courts
* Acting upon multi-stakeholder Resolutions

Conclusion
Population & literacy that drives case filing has increased manifold but the number of judges & quality has not kept up with the development. There has to be an administrative uniformity & a proper white paper on entire Indian Judiciary to get an overhauled picture

[shashiketan]

*80. PENDENCY OF CASES:*
- More than two lakh cases are in courts for 25 years, while over 1, 000 cases have not been disposed of even after five decades.
- SC pendency ~ 60, 000 not huge: By deciding one case in SC: many other cases may go null & void in lower courts.
- Report of Court management system: grim situation in next 3 decades - Pendency will rise to 15 cr cases - required Judges ~75K

Cause of Pendency:
- Even though allotted strength is high - there is vacancy of Judges in lower courts.
- Quality of lower judiciary is low: Away from metropolitan cities - Lack of monitoring.
- Lack of Infrastructure
- Judges trying to do everything: Judical, Appointments, Administrative work.
- Lack of use of technology: Trial courts still using typewriters, files & papers still being used.
- Issue of listing of cases.
- Government is the biggest litigant.
- Taking up new cases & leaving old cases.

Executive & Judiciary:
- Role of executive: Finances for judiciary, Judicial services - no role in appointment of judges.
- Has taken serious steps in repealing archaic laws.
- Executive wrote to judiciary which was converted to PIL for issuing notification to lower courts.
- Executive not making decisions & keeping it open for courts.

Way Forward:
- Quality of judges have to be improved.
- No. of judges have to be increased : 20 judges per million lowest in the world highest in US 107 per million.
- Retirement age should be same for HC & SC.
- Ban post retirement appointments
- Indian judicial service : Lower Level - Public service commission & Higher Judicial service: Selection from HC
Public service commission or other methodology for recruitment of judges in higher judicial service.
- Proper monitoring at district level.
- Use Technology: Go paperless.
- Some separate forum for govt. cases - Like Consumer courts

With rising level of literacy, people are getting more & more aware about their rights & its violation. Number of cases in the courts is going to increase. Judiciary & Executive must find a proper mechanism to deal with pendency of cases.

[dlrathod]

I think Satya Prakash sir has got permanent job in RSTV.😆
BTW salute to your knowledge, sir.
Jai Hind.

[Theunexplorer]

One of the Best shows on YouTube!!
Very very beneficial for upsc aspirant like me.
Thank you Rajya Sabha TV

[rameshiyer]

Fine discussion on problems ailing our judiciary esp on enormous pendency of cases from trial Courts to the SC. As Mr Satya Prakash rightly said, a White Paper should be drafted which should take a holistic view of our entire legal system, as other stakeholders like prosecutors, defence lawyers too contribute to many ills in the system, particularly in indiscriminate adjournment on frivolous grounds often in collusion with the judges too.

[YashwantSingh]

Great Panel and a very informative discussion.

[Samp]

Our judiciary needs reforms, the english judiciary system is unsuited and undemocratic and not as per our needs..Decentralise it based on domain expertise, separate for land related, corporate, financial issues, problems..Etc..

[AmalAmal-bwbw]

Thank you so ooo much for caption🙏🙏🙏❤️❤️❤️❤️❤️

[pramodlaw]

Please do add judicial aspirant student or advocate to the panel so that more effective discussion can be done and their opinion can also be considered.

[ganeshofficials]

Good explanation of all honable guest they gave a good information on judiciary thank you a lot

[tarunkadian]

One Reason would be that People in Society are moving away from Each other, Cases that were hithereto decided amicably are now going to Courts.

[destroyerofevil]

1st time watching big picture and i become fan of it ❤️

[amanjain]

I always wait for new debate. I got addicted to big picture

[princessunlimited]

I think there should be some limit on contempt of court as judges have become absolute in terms of punishing anyone criticizing them or their judgements..

[jayshelke]

Satya Thank You 😅😁😅♨️
♨️♨️Thanks RS Maharashtra ♨️♨️

[govind]

RSTV the background cracking music comes often in your videos and actually distracts the viewers from valuable discussions. please fix the problem

[bumble-tumble]

The Problem of pendency of cases could be addressed by an innovative solution of NIGHT SHIFT Courts with the capability of solving civil cases and business-related problem at a Token amount. This will not need any new infrastructure and will also solve the problem of Employment and fast solving of cases in addition to the reduction in crime cases at night due to more vigilantism arising out of Night Shift Courts.

[rashmisai]

Ind 20 judge per 1mn
US 107 judge per 1mn

[arvind_ias]

My notes -

-sc wants age of retirement of hc judges from 62 to 65
-improve quality and quantity of judges
-ban post retirement jobs
-absentism, coming to work late at subordinate court
-piles of paper, typewriters
-1000 odd cases which are 50 yr old -cji

[vinaymalik]

What is that sound ...it is annoying...