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Problems in judiciary

By enhancing transparency,
improving ef ciency, increasing
diversity, and strengthening
grievance mechanisms, India can
build a robust and accessible
judicial system

Cumbersome procedures: Filing

and resolving complaints against
judges can be lengthy and
challenging, discouraging access
to justice and accountability
(Source: Law Commission of
India, "Report No. 230 on
Reforms in the Judiciary

Underrepresentation of
marginalized groups: The
judiciary largely re ects upper-
caste, upper-class backgrounds,
hindering access to justice and
raising concerns about potential
biases (Source: Vidhi Centre for
Legal Policy, "Towards a More
Diverse Judiciary: A Review of
Af rmative Action Policies in
India,"

Lack of clear criteria: The

absence of de ned criteria for
selecting judges opens the door
for favoritism and personal
preferences (Source: Law
Commission of India, "Report No.
272 on Transparency in the
Judiciary,"

Allocation to ministry of law

Abbot 0.1% since 2002-03

( except 2017-18, 0.2)

% of GDP 0.01-0.02

84 18 15
Judicial pendency Judicial accountability Transparency JUDICIAL Judicial infrastructure Access to justice and Grievance redress Women in Judiciary Challenges - structural
APPOINTMENTS diversity mechanisms
Section 2(h) of RTI includes SC includes the physical premises of Despite the bene ts of wider A dysfunctional criminal justice
as a public authority Constitutional provision related courts, tribunals, lawyers' The judiciary largely re ects Cumbersome and ineffective representation of women in the system, absence of well-
chambers, digital and human judiciary, Indian courts have considered legislation and need
to appointment upper-caste, upper-class procedures: Addressing
Voluntary disclosure under resources infrastructure backgrounds, creating disparities complaints against judges can be signi cantly fewer women as for domain expertise, are being
Section 4(1)(b): Poor quality in access to justice (Source: Vidhi long and challenging,
proactive disclosures by several Article 124 (2): Appointment compared to men. Discuss. Also, seen as the new challenges for
Centre for Legal Policy, "Towards discouraging access to redressal
High Courts on their websites of SC judges suggest some measures to the Indian judiciary. Discuss.
Introduction Why Cases Pile Up in Solution Conclusion a More Diverse Judiciary: A (Source: Law Commission of
marks the failure of the High o CJI- By President after Review of Af rmative Action India, "Report No. 230 on bridge the gender gap in Indian
Indian Courts: A Courts to discharge the statutory judiciary.
Stat** from National Judicial data Law Commission of India in its 120th Aforementioned reforms should consulting such judges of the SC Policies in India," 2020). Reforms in the Judiciary,"
Multifaceted Challenge report on Manpower Planning in Judiciary obligation
grid ignite hope for swifter verdicts, and HC as the President deems
increase to 50 judges/ million In-house process of inquiring
building a stronger legal future necessary. Stats - only 11judges in supreme
Section 8: Section 8 of the RTI
Act restricts the number of o Other Judges- By President
Introduction Stats Reasons for poor Need for reforms Initiative corruption charges(1997): Court court history, more than 95%
Appoint retired judges: Invoke ruled that such cases shall be males
grounds for denying information. after consulting CJI and other SC infrastructure kept con dential.
article 224A to appoint retired 86 87 87 87 Less than 15% judges in HC
But RTI rules of several High Good judicial infrastructure for 27% of courtrooms in the Chief Justice Ramana National Mission on e-Courts:
judges of High courts in High Need lacking Reform Conclusion and HC judges as he considers This often results in many currently are women
Courts have included additional courts in India has always been subordinate judiciary have suggests one central agency Aims to computerize and
courts for a temporary period to Adoption of a charter necessary - 1. Inadequate Funding: credible cases getting ignored
grounds an afterthought. It is because of computers on judges’ dais National judicial infrastructure electronically interconnect all
clear case pendency Constitutional duty: role of ‘Restatement of Values of Reforms must ensure judges can this mindset that courts still • Limited Budget Allocation: courts
Accountability Judicial Life’ by Supreme court Article 217: Appointment of authority- for overseeing
Guardian, Protector, and The media shall study and. rule without fear or favor while Cumbersome process: Rejection operate from dilapidated Government funding often falls
upholding their responsibility to HC judges 22% of trial court complexes short of the actual requirement, infrastructure development of
watchdog for rule of law and to in 1997 and Bangalore Comment on judgement of modes of payment like postal structures making it dif cult to
Three-pronged approach as do not have toilet facilities for subordinate courts in India
recommended by Justice Ramana: uphold the rights of people. ● Removal procedure is long Principles of Judicial Conduct in academically so that judges
act with fairness and integrity. orders, asking for only court fee o Chief justice of HC: BY effectively perform their functions restricting investment in court
President after consultation with women, while 16% don’t have buildings, Source: PRS India, "
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2002. stamps as accepted payment
—Improving judicial infrastructure through ● Against constitutionalism: and dif cult. know that they are being
such a facility for men. Financial:
the use of e-platforms and setting up of mode which are available at only CJI and governor of the state Former CJI Ramana • Lack of Diverse Funding
The principle of checks and ● Opacity in operation: ● Judicial Standards and watched. - Arun Shourie( former
more courts a few locations. concerned.
Sources: Reliance solely on • Increased Budget Allocation: Bene ts Cause Consequences of the Possible solution Conclusion
balance ensures no organ of judiciary restricts outside body’s Accountability Bill, 2010 - minister of communication and government funds hinders
— Disputes settlement at the pre-litigation 620 court complexes that still Advocate for a signi cant Gap:
Establishes the National Judicial IT ) o Other Judges: By President
stage through counselling. state misuses its power. involvement in the investigation Logistical challenges: Most HCs operate from rented premises exploration of alternative increase in the government Voice to section of Society • Implementing quota systems or Justice will be served if gender
Oversight Committee-> may ● Comprehensive code of after consultation with CJI and
— Strengthening the existing Alternative ● To uphold public trust: of corruption cases and sets up and S.C. require the physical
and only 54% of the total
sources like private budget speci cally for judicial reservations for women in diversity is found on the bench” -
Dispute Resolution (ADR) mechanism
issue advisories or warnings to conduct for judges ling of application with the governor of the concerned state contributions, CSR initiatives, or infrastructure Lack of diversity in decision-
in-house mechanisms. complexes have basic Bring different perspective in
making: A predominantly male judicial appointments. Justice Indu Malhotra
Shortage of judges and staff: judges, and also recommend Registry, and a hearing before a and chief justice of concerned court fees. • Diversi cation of Funding judiciary . Deep-rooted Patriarchy:
Judicial Independence: judge to determine whether medical facilities. judiciary may not fully understand
their removal to the President. HC. Sources: Explore alternative
• Inadequate number of judges: De nite time frame to dispose of Without accountability, Judicial ● Contempt of court: Being 1. Enhancing Transparency: records should be given. Inspire younger women • Societal biases: Traditional speci c needs and experiences of Fast-track promotions:
● The Supreme Court (SC) The Centrally Sponsored Scheme funding channels like private

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judge-to-population 21 per the cases: Set annual targets and independence can be used for utilized for rightful critics also. only 11 percent of the washrooms gender roles often discourage women litigants. Introduce fast-track promotion
• Open Collegium System: (CSS) for Development of contributions, CSR initiatives,
million ration far less than action plans for the subordinate approves live-streaming of court Financial transparency: Most are accessible to disabled women from pursuing careers schemes for women judges to
the personal bene t of judges E.g. contempt proceedings Introduce public hearings and Collegium System: a committee Infrastructure Facilities for Districts court fees, or user charges to Constitutional obligations _ article
Erosion of public trust: An
developed countries judiciary and the High Courts— proceedings. HCs do not proactively publish citizens 14,15, 16, 39,42 in demanding ones like the address the slow climb to senior
against and Prashant Bhushan. independent panels for judicial and Subordinate Judiciary has been supplement government
ES 2018-19 of the Chief Justice of India, four judiciary. imbalanced judiciary can weaken
• Vacant positions: Many executive in uence post- ● Draft Memorandum of appointments, replacing the details of their budgets
in force since 1993-1994 funding.
position
judicial positions remain vacant ● Judicial overreach: Activism senior judges of the Supreme Breaking Patriarchal Barrier of • Stereotypes: Women are often
public con dence in the fairness
Supreme court in Vasantha Case: retirement positions on different Procedure, 2016: opaque collegium system.
• Public-Private Partnerships:
towards citizen grievances has
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due to delays in appointments Court take decisions related to terming women incapable for perceived as lacking the • Adopting a more transparent
Separate supreme courts function tribunals and bodies can be o Include “merit and integrity” • Increased Access to Encourage partnerships with Missed opportunities for social
and promotions, exacerbating encroached on a line of Information: Law Commission appointments and transfer of Non-utilization of funds: litigation jobs necessary temperament or and objective selection process
the shortage. into the court of appeal and used to in uence as “prime criteria” for the private companies for change: Women judges can
overreach. E.g National anthem of India, "Report No. 272 on judges in the SC and HC Most of the funds allocated intellectual capacity for judicial
bring unique perspectives to based on merit and established
constitutional court. appointment of judges. infrastructure development and Global commitment: SDG 5 and
• Inadequate support staff: case, Highway liquor ban. Transparency in the Judiciary," roles. ( criteria.
Judges lack suf cient quali ed o Permanent secretariat in Govt can raise objection but if
under the central sponsored maintenance, leveraging their SDG 16 -> having gender equality cases involving gender
Increasing court productivity: Make court proceedings, expertise and resources. discrimination • Providing mentorship and
clerks, research assistants, and Supreme Court for maintaining judgments, and investigative Collegium again recommends scheme remain unutilised and women’s representation in Systemic Barriers:
—Increase the number of Cumbersome procedures: public institutions such as the support networks for women
other support staff, hindering working days records of high court judges reports readily available to the then appoint because states do not come Planning and Prioritization: • Opaque and subjective Discouragement for women lawyers aspiring to become
their ef ciency. Law Filing and investigating judiciary
● SC vs Subhash Chandra public. forward with their share, appointment process creates seeking justice: Lack of female
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—Deployment of modern judges.
Commission of India, "Report complaints against judges can • Long-Term Vision: Develop a
technology Agrawal case: CJI is declared as leading to lapse of annual opportunities for unconscious role models in the judiciary can • Promoting work-life balance
No. 235 on Rede ning the Role be complicated and time- long-term vision for judicial
bias and gender stereotyping. discourage wome
a public authority under the RTI • Judicial Standards and budgetary allocation infrastructure development, initiatives within the legal
of Court Staff in India," 2011). Grouping of cases: Cases of consuming, discouraging people Lack of quotas or reservations:
act. Accountability Bill, 2010 focusing on sustainability, profession.
speci c types having high from coming forward. Law Unlike other sectors, the Reinforcement of patriarchal
Inef cient court procedures: — requires judges to declare their • Raising awareness about the
pendency shall be identi ed and Commission of India, "Report assets and liabilities
Lack of one coordinating • MM
judiciary doesn't have any norms: A judiciary dominated by
importance of gender diversity
a special committee shall be men can implicitly validate
• Outdated and complex legal No. 230 on Reforms in the 85 85 85 agency prevents its • Decentralization: Consider af rmative action policies to in the judi ciary through public
framework: -India's legal appointed for the same Case laws - Lacuna in Collegium Memorandum of Reform Conclusion decentralizing infrastructure existing gender stereotypes and
Judiciary," successful execution development and decision-
increase women's
power dynamic education campaigns.
system, inherited from the System: Procedure (MOP representation.
Improving ef ciency of 2. Strengthening Grievance
British Raj, suffers from archaic making processes to address
litigation: Lack of transparency Redressal: First Judges Case (S P Gupta replace it by a ‘National Judicial collegium system has served in • Old boys' club mentality: The Weakening of democratic
procedures and cumbersome regional needs and priorities Anti-harassment & disc rimination
Case) 1981 - Consultation with Appointments upholding judicial independence. selection process for higher
formalities, delaying case o Promoting ADR: Pre litigation • Streamlined Procedures: Against Constituent Assembly Seniority & Merit: For the in the central committee, more effectively. representation: When the mechanisms: Establish robust
Commission’ (through Ninety-ninth However, addressing concerns judiciary positions relies heavily
processing: Bar C ouncil of mediation Judicial Appointment: The Simplify procedures for ling CJI doesn’t mean concurrence views: rejected the proposal to promotion of a High Court Chief Amendment Act, 2014) was struck there is no representation Technological Integration:
composition of the judiciary fails internal mechanisms to address
o Regular conduct of Lok Adalats about transparency, on collegiums dominated by to re ect the diversity of society, it
India, "Report on Court collegium system results in and addressing complaints and it only implies exchange of vest the CJI with veto power Justice or a judge to the down by the court of the judiciary as an and prevent harassment and
& Gram Nyayalayas in villages accountability, and diversity is • Modernization of IT senior male judges, undermines the principles of
Modernization,"). judges appointing judges with against judges, ensuring swift views. Greater say to the over appointments. Supreme Court, the criteria of discrimination against women
and effective resolution. Early Finalisation of
crucial for its continued legitimacy institution. So, the ultimate Infrastructure: Invest in perpetuating existing power equality and democratic judges,
• Lack of automation and virtually no role of executive and executive. ● Opaqueness: closed-door seniority, merit, and integrity and effectiveness. structures. (
Role of Media: The media as the Memorandum of Procedure consumer of the scheme is upgrading IT infrastructure in representation
technology: Automation and 4th pillar of democracy should do legislature. • Independent Oversight Body: ● Second Judges Case, 1993: affair with no prescribed norms would be followed. courts, including hardware,
technology solutions, like Judicial Standards and (MoP) absent from the entire Challenges within the Sensitization programs: Conduct
periodic and constructive Consultation with CJI means regarding eligibility criteria, or ● Written explanation: - If a software, and network SDG
electronic ling and case reporting on the pendency of Limited access to information: Accountability Bill, 2010 process connectivity, to enable e- lings, Profession: sensitization programs for judges,
management systems, are National Judicial Oversight concurrence i.e. advice tendered even the selection procedure senior Chief Justice is Enhancing Transparency:
cases. Bring awareness and Court proceedings, judgments, online case management, and lawyers, and court staff to combat
by CJI is binding on the ● Merit vs Seniority: Due to the overlooked for elevation to the • Hostile work environment:
underutilized, hindering and investigative reports are often Committee— Any person can • Publishing selection criteria: gender stereotypes and
accountability virtual hearings. Women judges often face
ef ciency and transparency unavailable to the public, make a complaint against a president. However, CJI needs to seniority rule people with better Supreme Court, the reasons for Making the criteria for judicial unconscious bias. (
hardly any data that is available in • Develop robust cybersecurity discriminatory and disrespectful
(Source: National Centre for e- recommendations of the Fifteenth hindering accountability. judge to the Oversight consult two senior-most judges. quali cations and better track the same should be recorded in appointments publicly available the public domain to monitor the measures to protect sensitive behavior from colleagues,
Governance, "Report on e- Finance Commission for grants to Committee on grounds of ● Third Judges Case, 1998: CJI records have been side lined to writing. can increase transparency and utilisation of money under the legal data. lawyers, and litigants.
Courts Project," 2022). judiciary ● Non-declaration of assets by ‘misbehaviour’.
should consult with four senior- make way for someone ● The quota for jurist: Upto reduce suspicions of favoritism scheme. According to a review by
• Work-life balance: The
judges. Enhancing Public Awareness: most SC judges to form his incompetent. three judges may be appointed . Bar Council of India, VIDHI, there is no information as to
Mailman committee- reduce judge Prioritise court process demanding nature of judicial
Poor State of Subordinate Judiciary: Educate the public about their "Memorandum on Judicial how many court rooms have been
become by 21 days opinion. ● No system of checks and from the Bar or distinguished automation and ICT work with societal expectations
District courts across the country Ineffective grievance redressal: rights and available mechanisms Appointments built via the central scheme.
balances: Second Judges case jurists with proven track records. enablement for electronic court regarding domestic
also suffer from inadequate Mechanisms for addressing for seeking redressal against • Structured evaluation responsibilities
infrastructure and poor working complaints against judges are judicial misconduct. made CJI recommendation ● Committee & Secretariat: and case management,
process: Implementing a most governments did not including electronic disproportionately impact
conditions, Slovenia’s Lukenda Project is often cumbersome and ineffective binding on President -> virtually o Committee: Institutional formal, multi-stage evaluation
(Source: Law Commission of 3) Promoting Judicial Diversity: see the administration of management of court women's (
the prime example of how no say to the executive. mechanism to assist the process with clearly de ned
India, "Report No. 230 on justice as an essential schedules and migration of all
• Adjournments and stay increased investment in • Af rmative Action Measures: ● Appointments failure: The Collegium in the evaluation of parameters for assessing
courts to the uni ed national Frequent transfers: Magistrates
orders: Frequent adjournments judicial reforms cleared
Reforms in the Judiciary, Implement speci c quotas or the suitability of prospective candidates can minimize the developmental activity, 0.1
collegiums has failed to appoint court application software. are made to transfer every
granted to lawyers or delays in backlog. targets for appointing judges
judges as per the vacancies candidates.
risk of arbitrariness. cent gdp since 2002-03
obtaining evidence further from underrepresented groups three years. de ned gender
● Law Commission (230th o Secretariat: To maintain a
• Public hearings for higher No emphasis in FYP roles in the Indian society
prolong case durations. Bar like women, Dalits, and judiciary: Conducting public the availability and usage of video
Council of India, "Report on Adivasis. report): o Nepotism, corruption, database of judges, schedules conferencing facilities to assist makes it dif cult for women to
hearings for appointments to 2. Planning and Prioritization: stay away from homes for their
Adjournments in Courts," • Geographic Representation: and personal patronage are Collegium meetings, maintain the Supreme Court and Chief in speedy access to justice
careers
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records, and receives • Short-Term Focus: Prioritizing
National Commission to Review prevalent in the functioning of Justices of High Courts can
Societal and cultural factors: immediate concerns over long- Institutional Reforms:
the Working of the Constitution, the collegium system (Uncle recommendations and allow for public scrutiny and
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term infrastructure development Inadequate Infrastructure:
• Litigation culture: A tendency "Report on the Judiciary," Judges Syndrome). complaints related to judges' feedback. • Inter-departmental
leads to neglect of crucial •Lack of Judicial infrastructure:
to le lawsuits even for minor Ensure appointments re ect the postings. Coordination: Improve
o Violation of Article 74: Promoting Accountability: upgrades and maintenance, Small and crowded courtrooms,
disputes, due to lack of trust in diverse geographical coordination between various
President to act on the aid and ● Rejection criteria: The creating a cycle of recurring absence of restrooms, and
alternative dispute resolution demographics of India. • Independent oversight government departments
advice of the Council of government proposed to add problems.
involved in infrastructure childcare facilities,
mechanisms, adds to the • Merit-based Selection: mechanism: Creating an
caseload. Maintain a balance between Ministers national security and larger development to ensure
independent body to review and Judiciary’s dependence on the
• Social inequalities: Unequal diversity and merit within the public interests as a reason for recommend appointments, Executive project design, smoother project execution.
selection process to uphold the rejection of the Collegium Lack of positive role models:
access to legal resources and Unequal Representation: largely while respecting judicial monitoring and execution of the
The low number of women judges
awareness among high judicial standards. re ects upper-caste, upper-class recommendation. independence. infrastructure, remains the sole
at higher levels creates a scarcity
disadvantaged communities 4. Balancing Independence and backgrounds Vidhi Centre for prerogative of the Public Works
of inspiring examples for younger
can lead to prolonged legal Accountability: Legal Policy, "Towards a More MoP is pending due to lack of Departments (PWD
Law Commission of India, "Report women lawyers.
battles. Diverse Judiciary: A Review of
• Safeguards against Political agreement on following No. 229 on Judicial
Af rmative Action Policies in Centre state-
Other contributing factors: Interference: Reforms should
India," ● Judiciary view: Appointments,"
not compromise judicial o Recordings of reasons in
• Backlog of old cases: The independence Women
accumulated backlog from Barring Assam, NE has had only writing for overlooking a Chief • Constitutional mandate with
• Open Dialogue and Justice or a senior judge may
previous years puts additional 1 judge safeguards: Embedding the
Consensus Building: Involve
pressure on the system, making affect his/her prospects to collegium system in the
various stakeholders – judges,
it dif cult to clear new cases
lawyers, academics, and civil
Nepotism and favoritism: elevate to the Supreme Court in Constitution, along with robust
swiftly. Allegations of judges favoring the future. safeguards against bias and
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society – in a transparent
• Frivolous litigation: Filing of colleagues or overlooking merit- misconduct, can provide Problems due to poor
dialogue to build consensus on o Restriction to intake of up to
non-serious or unnecessary based candidates have tarnished stability and public con dence. infrastructure
reform measures. three judges from the bar does
lawsuits further consumes the system's image. • Performance evaluation
• Gradual Implementation: not fall within the framework of
valuable court time and system: Implementing a •• Shortage of Courtrooms
Implement reforms in a phased No external oversight: The the Constitutional provisions.
resources. system for regular evaluation of and Judges: Insuf cient
manner, allowing for system lacks an independent
• Complex nature of certain adjustments and ensuring ● The Parliamentary Standing judges, including feedback from number of courtrooms leads to
body to vet and recommend
cases: Some cases, smooth transition. Committee on law and justice: litigants and lawyers, can long case backlogs and delays
appointments, increasing the risk improve judicial performance
particularly those involving land o Rejection criteria of national in hearings.
of unchecked decisions (Source: and transparency.
disputes or nancial fraud, security and larger public • Inadequate Residential
Centre for Policy Research,
require extensive investigation Vidhi Centre for Legal Policy, Facilities for Judges: Lack of
"Justice Reform Initiative - interest are vague and it gives
and evidence gathering, "Strengthening Judicial proper housing for judges,
Reforming the Collegium System, unlimited veto power to the
contributing to delays. Accountability: A Review of particularly in remote areas,
government. Mechanisms in India," hinders effective service
Less budgetary allocation: The delivery and recruitment. (
budget allocated to the judiciary is Ensuring Diversity and
between 0.08 and 0.09 per cent of Inclusion: Technological Gap:
the GDP • Quotas or targets for • Limited Digital Infrastructure:
underrepresented groups: Lack of proper IT infrastructure
Implementing speci c quotas or in courts impedes online lings,
targets for appointing judges case management systems,
from marginalized communities and access to e-justice
like women, Dalits, and services.
Adivasis can address the
• Unequal Access to
existing imbalance. Centre for
Technology: Digital divide in
Policy Research, "Justice
rural areas and among
Reform Initiative - Reforming
marginalized communities
the Collegium System,"
further restricts access to online
• Geographic diversity: legal resources and services.
Ensuring representation from
different regions of India can
bring wider perspectives and
experiences to the judiciary.
• Emphasizing merit alongside
diversity: Implementing a
transparent system that
balances the need for diversity
with merit-based selection to
uphold high judicial standards.
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Challenges

• Balancing judicial
independence with public
accountability remains a
crucial challenge.
• Implementation of reforms
faces resistance from within
the judiciary, concerned about
preserving their autonomy.
• Finding the right balance
between merit-based selection
and diversity representation can
be complex.

Problems in judiciary

By enhancing transparency,
improving ef ciency, increasing
diversity, and strengthening
grievance mechanisms, India can
build a robust and accessible
judicial system

Cumbersome procedures: Filing

and resolving complaints against
judges can be lengthy and
challenging, discouraging access
to justice and accountability
(Source: Law Commission of
India, "Report No. 230 on
Reforms in the Judiciary

Underrepresentation of
marginalized groups: The
judiciary largely re ects upper-
fi
fi
caste, upper-class backgrounds,
hindering access to justice and
raising concerns about potential
biases (Source: Vidhi Centre for
Legal Policy, "Towards a More
Diverse Judiciary: A Review of
Af rmative Action Policies in
India,"

Lack of clear criteria: The

absence of de ned criteria for
selecting judges opens the door
for favoritism and personal
preferences (Source: Law
Commission of India, "Report No.
272 on Transparency in the
fi
fi
Judiciary,"

Allocation to ministry of law

Abbot 0.1% since 2002-03

( except 2017-18, 0.2)

% of GDP 0.01-0.02
fi
fi
fi
fi
84
Judicial pendency Judicial accountability Transparency JUDICIAL Judicial infrastructure
APPOINTMENTS
Section 2(h) of RTI includes SC includes the physical premises of
as a public authority Constitutional provision related courts, tribunals, lawyers'
chambers, digital and human
to appointment
Voluntary disclosure under resources infrastructure
Section 4(1)(b): Poor quality
proactive disclosures by several Article 124 (2): Appointment
Introduction Why Cases Pile Up in Solution Conclusion High Courts on their websites of SC judges
marks the failure of the High o CJI- By President after
Indian Courts: A Courts to discharge the statutory
Stat** from National Judicial data Law Commission of India in its 120th Aforementioned reforms should consulting such judges of the SC
Multifaceted Challenge report on Manpower Planning in Judiciary obligation
grid ignite hope for swifter verdicts, and HC as the President deems
increase to 50 judges/ million
building a stronger legal future Section 8: Section 8 of the RTI necessary.
o Other Judges- By President
Introduction Stats Reasons for poor Need for reforms
fi
fi
Appoint retired judges: Invoke Act restricts the number of
grounds for denying information. after consulting CJI and other SC infrastructure
article 224A to appoint retired 86 87 87 87
But RTI rules of several High Good judicial infrastructure for 27% of courtrooms in the Chief Justice Ramana
judges of High courts in High Need lacking Reform Conclusion and HC judges as he considers
Courts have included additional courts in India has always been subordinate judiciary have suggests one central agency
Adoption of a charter necessary - 1. Inadequate Funding:
fi
fi
fi
fi
fi
fi
courts for a temporary period to
grounds an afterthought. It is because of computers on judges’ dais National judicial infrastructure
clear case pendency Constitutional duty: role of ‘Restatement of Values of Reforms must ensure judges can this mindset that courts still • Limited Budget Allocation:
Accountability Judicial Life’ by Supreme court Article 217: Appointment of authority- for overseeing
Guardian, Protector, and The media shall study and. rule without fear or favor while Cumbersome process: Rejection operate from dilapidated Government funding often falls
upholding their responsibility to HC judges 22% of trial court complexes short of the actual requirement, infrastructure development of
watchdog for rule of law and to in 1997 and Bangalore Comment on judgement of modes of payment like postal structures making it dif cult to
Three-pronged approach as do not have toilet facilities for subordinate courts in India
recommended by Justice Ramana: uphold the rights of people. ● Removal procedure is long Principles of Judicial Conduct in academically so that judges
act with fairness and integrity. orders, asking for only court fee o Chief justice of HC: BY effectively perform their functions restricting investment in court
stamps as accepted payment President after consultation with women, while 16% don’t have buildings, Source: PRS India, "
—Improving judicial infrastructure through ● Against constitutionalism: and dif cult. 2002. know that they are being Financial:
the use of e-platforms and setting up of mode which are available at only CJI and governor of the state Former CJI Ramana such a facility for men. • Lack of Diverse Funding
The principle of checks and ● Opacity in operation: ● Judicial Standards and watched. - Arun Shourie( former
more courts a few locations. concerned. Sources: Reliance solely on • Increased Budget Allocation:
balance ensures no organ of judiciary restricts outside body’s Accountability Bill, 2010 - minister of communication and government funds hinders
— Disputes settlement at the pre-litigation 620 court complexes that still Advocate for a signi cant
Establishes the National Judicial IT ) o Other Judges: By President
stage through counselling. state misuses its power. involvement in the investigation Logistical challenges: Most HCs operate from rented premises exploration of alternative increase in the government
fi
fi
Oversight Committee-> may ● Comprehensive code of after consultation with CJI and
— Strengthening the existing Alternative ● To uphold public trust: of corruption cases and sets up and S.C. require the physical
and only 54% of the total
sources like private budget speci cally for judicial
Dispute Resolution (ADR) mechanism
issue advisories or warnings to conduct for judges ling of application with the governor of the concerned state contributions, CSR initiatives, or infrastructure
in-house mechanisms. complexes have basic
Shortage of judges and staff: judges, and also recommend Registry, and a hearing before a and chief justice of concerned court fees. • Diversi cation of Funding
Judicial Independence: judge to determine whether medical facilities.
their removal to the President. HC. Sources: Explore alternative
• Inadequate number of judges: De nite time frame to dispose of Without accountability, Judicial ● Contempt of court: Being 1. Enhancing Transparency: records should be given.
judge-to-population 21 per the cases: Set annual targets and ● The Supreme Court (SC) only 11 percent of the washrooms The Centrally Sponsored Scheme funding channels like private
independence can be used for utilized for rightful critics also. • Open Collegium System:
million ration far less than action plans for the subordinate approves live-streaming of court are accessible to disabled (CSS) for Development of contributions, CSR initiatives,
fl
fl
the personal bene t of judges E.g. contempt proceedings Introduce public hearings and Financial transparency: Most
developed countries judiciary and the High Courts— Collegium System: a committee citizens Infrastructure Facilities for Districts court fees, or user charges to
proceedings. independent panels for judicial HCs do not proactively publish
ES 2018-19 against and Prashant Bhushan. of the Chief Justice of India, four and Subordinate Judiciary has been supplement government
• Vacant positions: Many executive in uence post- ● Draft Memorandum of appointments, replacing the details of their budgets
in force since 1993-1994 funding.
judicial positions remain vacant ● Judicial overreach: Activism senior judges of the Supreme
Supreme court in Vasantha Case: retirement positions on different Procedure, 2016: opaque collegium system.
• Public-Private Partnerships:
due to delays in appointments towards citizen grievances has Court take decisions related to
Separate supreme courts function tribunals and bodies can be o Include “merit and integrity” • Increased Access to Encourage partnerships with
and promotions, exacerbating encroached on a line of Information: Law Commission appointments and transfer of Non-utilization of funds:
the shortage. into the court of appeal and used to in uence as “prime criteria” for the private companies for
overreach. E.g National anthem of India, "Report No. 272 on judges in the SC and HC Most of the funds allocated
constitutional court. appointment of judges. infrastructure development and
• Inadequate support staff: case, Highway liquor ban. Transparency in the Judiciary,"
Judges lack suf cient quali ed o Permanent secretariat in Govt can raise objection but if
under the central sponsored maintenance, leveraging their
Make court proceedings,
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Increasing court productivity: expertise and resources.
clerks, research assistants, and Supreme Court for maintaining judgments, and investigative Collegium again recommends scheme remain unutilised
—Increase the number of Cumbersome procedures:
other support staff, hindering working days records of high court judges reports readily available to the then appoint because states do not come Planning and Prioritization:
their ef ciency. Law Filing and investigating
—Deployment of modern
complaints against judges can
● SC vs Subhash Chandra public. forward with their share, • Long-Term Vision: Develop a
Commission of India, "Report technology Agrawal case: CJI is declared as leading to lapse of annual
No. 235 on Rede ning the Role be complicated and time- long-term vision for judicial
a public authority under the RTI • Judicial Standards and budgetary allocation infrastructure development,
of Court Staff in India," 2011). Grouping of cases: Cases of consuming, discouraging people
act. Accountability Bill, 2010 focusing on sustainability,
speci c types having high from coming forward. Law
Inef cient court procedures: — requires judges to declare their
pendency shall be identi ed and Commission of India, "Report
assets and liabilities
Lack of one coordinating • MM
• Outdated and complex legal a special committee shall be No. 230 on Reforms in the 85 85 85 agency prevents its • Decentralization: Consider
framework: -India's legal appointed for the same Case laws - Lacuna in Collegium Memorandum of Reform Conclusion decentralizing infrastructure
Judiciary," successful execution development and decision-
system, inherited from the System: Procedure (MOP
Improving ef ciency of 2. Strengthening Grievance making processes to address
British Raj, suffers from archaic First Judges Case (S P Gupta replace it by a ‘National Judicial collegium system has served in
litigation: Lack of transparency Redressal: regional needs and priorities
procedures and cumbersome Appointments upholding judicial independence.
formalities, delaying case o Promoting ADR: Pre litigation • Streamlined Procedures: Case) 1981 - Consultation with Against Constituent Assembly Seniority & Merit: For the in the central committee, more effectively.
Commission’ (through Ninety-ninth However, addressing concerns
processing: Bar C ouncil of mediation Judicial Appointment: The Simplify procedures for ling CJI doesn’t mean concurrence views: rejected the proposal to promotion of a High Court Chief Amendment Act, 2014) was struck there is no representation Technological Integration:
o Regular conduct of Lok Adalats about transparency,
India, "Report on Court collegium system results in and addressing complaints and it only implies exchange of vest the CJI with veto power Justice or a judge to the down by the court of the judiciary as an
& Gram Nyayalayas in villages accountability, and diversity is • Modernization of IT
Modernization,"). judges appointing judges with against judges, ensuring swift views. Greater say to the over appointments. Supreme Court, the criteria of crucial for its continued legitimacy institution. So, the ultimate
and effective resolution. Early Finalisation of Infrastructure: Invest in
• Lack of automation and virtually no role of executive and executive. ● Opaqueness: closed-door seniority, merit, and integrity and effectiveness.
Role of Media: The media as the Memorandum of Procedure consumer of the scheme is upgrading IT infrastructure in
technology: Automation and 4th pillar of democracy should do legislature. • Independent Oversight Body: ● Second Judges Case, 1993: affair with no prescribed norms would be followed. courts, including hardware,
technology solutions, like Judicial Standards and (MoP) absent from the entire
Consultation with CJI means ● Written explanation: - If a
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periodic and constructive regarding eligibility criteria, or software, and network
electronic ling and case reporting on the pendency of Limited access to information: Accountability Bill, 2010 process connectivity, to enable e- lings,
management systems, are National Judicial Oversight concurrence i.e. advice tendered even the selection procedure senior Chief Justice is Enhancing Transparency:
cases. Bring awareness and Court proceedings, judgments, online case management, and
underutilized, hindering and investigative reports are often Committee— Any person can by CJI is binding on the ● Merit vs Seniority: Due to the overlooked for elevation to the • Publishing selection criteria:
accountability virtual hearings.
ef ciency and transparency unavailable to the public, make a complaint against a president. However, CJI needs to seniority rule people with better Supreme Court, the reasons for Making the criteria for judicial hardly any data that is available in • Develop robust cybersecurity
(Source: National Centre for e- recommendations of the Fifteenth hindering accountability. judge to the Oversight consult two senior-most judges. quali cations and better track the same should be recorded in appointments publicly available the public domain to monitor the
Governance, "Report on e- Committee on grounds of measures to protect sensitive
Finance Commission for grants to ● Third Judges Case, 1998: CJI records have been side lined to writing. can increase transparency and utilisation of money under the
Courts Project," 2022). judiciary ● Non-declaration of assets by ‘misbehaviour’.
should consult with four senior- make way for someone ● The quota for jurist: Upto reduce suspicions of favoritism scheme. According to a review by
judges. Enhancing Public Awareness: most SC judges to form his incompetent. three judges may be appointed . Bar Council of India, VIDHI, there is no information as to
Mailman committee- reduce judge Educate the public about their "Memorandum on Judicial how many court rooms have been
Poor State of Subordinate Judiciary: opinion.
become by 21 days Ineffective grievance redressal: rights and available mechanisms ● No system of checks and from the Bar or distinguished
District courts across the country Appointments built via the central scheme.
also suffer from inadequate Mechanisms for addressing for seeking redressal against balances: Second Judges case jurists with proven track records.
• Structured evaluation
infrastructure and poor working complaints against judges are judicial misconduct. made CJI recommendation ● Committee & Secretariat: process: Implementing a most governments did not
conditions, Slovenia’s Lukenda Project is often cumbersome and ineffective binding on President -> virtually o Committee: Institutional formal, multi-stage evaluation
(Source: Law Commission of 3) Promoting Judicial Diversity: see the administration of
the prime example of how no say to the executive. mechanism to assist the process with clearly de ned
India, "Report No. 230 on justice as an essential
• Adjournments and stay increased investment in • Af rmative Action Measures: ● Appointments failure: The Collegium in the evaluation of parameters for assessing
orders: Frequent adjournments judicial reforms cleared
Reforms in the Judiciary, Implement speci c quotas or the suitability of prospective candidates can minimize the developmental activity, 0.1
collegiums has failed to appoint
granted to lawyers or delays in backlog. targets for appointing judges
judges as per the vacancies candidates.
risk of arbitrariness. cent gdp since 2002-03
obtaining evidence further from underrepresented groups • Public hearings for higher No emphasis in FYP
prolong case durations. Bar like women, Dalits, and ● Law Commission (230th o Secretariat: To maintain a
judiciary: Conducting public
Council of India, "Report on Adivasis. report): o Nepotism, corruption, database of judges, schedules hearings for appointments to 2. Planning and Prioritization:
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Adjournments in Courts," • Geographic Representation: and personal patronage are Collegium meetings, maintain the Supreme Court and Chief
records, and receives • Short-Term Focus: Prioritizing
National Commission to Review prevalent in the functioning of Justices of High Courts can
Societal and cultural factors: immediate concerns over long-
the Working of the Constitution, the collegium system (Uncle recommendations and allow for public scrutiny and
term infrastructure development
• Litigation culture: A tendency "Report on the Judiciary," Judges Syndrome). complaints related to judges' feedback.
leads to neglect of crucial
to le lawsuits even for minor Ensure appointments re ect the postings.
o Violation of Article 74: Promoting Accountability: upgrades and maintenance,
disputes, due to lack of trust in diverse geographical
President to act on the aid and ● Rejection criteria: The creating a cycle of recurring
alternative dispute resolution demographics of India. • Independent oversight
advice of the Council of government proposed to add problems.
mechanisms, adds to the • Merit-based Selection: mechanism: Creating an
caseload. Maintain a balance between Ministers national security and larger
independent body to review and Judiciary’s dependence on the
• Social inequalities: Unequal diversity and merit within the public interests as a reason for recommend appointments, Executive project design,
access to legal resources and selection process to uphold Unequal Representation: largely the rejection of the Collegium while respecting judicial monitoring and execution of the
recommendation.
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awareness among high judicial standards. re ects upper-caste, upper-class independence. infrastructure, remains the sole
disadvantaged communities 4. Balancing Independence and backgrounds Vidhi Centre for prerogative of the Public Works
can lead to prolonged legal Accountability: Legal Policy, "Towards a More MoP is pending due to lack of Departments (PWD
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battles. Diverse Judiciary: A Review of Law Commission of India, "Report
• Safeguards against Political agreement on following No. 229 on Judicial
Af rmative Action Policies in Centre state-
Other contributing factors: Interference: Reforms should
India," ● Judiciary view: Appointments,"
not compromise judicial o Recordings of reasons in
• Backlog of old cases: The independence Women
accumulated backlog from Barring Assam, NE has had only writing for overlooking a Chief • Constitutional mandate with
• Open Dialogue and
previous years puts additional Justice or a senior judge may safeguards: Embedding the
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Consensus Building: Involve 1 judge
pressure on the system, making affect his/her prospects to collegium system in the
various stakeholders – judges,
it dif cult to clear new cases
lawyers, academics, and civil
Nepotism and favoritism: elevate to the Supreme Court in Constitution, along with robust
swiftly. Allegations of judges favoring the future. safeguards against bias and
society – in a transparent
• Frivolous litigation: Filing of colleagues or overlooking merit- misconduct, can provide Problems due to poor
dialogue to build consensus on o Restriction to intake of up to
non-serious or unnecessary based candidates have tarnished stability and public con dence. infrastructure
reform measures. three judges from the bar does
lawsuits further consumes the system's image. • Performance evaluation
• Gradual Implementation: not fall within the framework of
valuable court time and system: Implementing a •• Shortage of Courtrooms
Implement reforms in a phased No external oversight: The the Constitutional provisions.
resources. system for regular evaluation of and Judges: Insuf cient
manner, allowing for system lacks an independent
• Complex nature of certain adjustments and ensuring ● The Parliamentary Standing judges, including feedback from number of courtrooms leads to
body to vet and recommend
cases: Some cases, smooth transition. Committee on law and justice: litigants and lawyers, can long case backlogs and delays
appointments, increasing the risk
particularly those involving land o Rejection criteria of national improve judicial performance in hearings.
of unchecked decisions (Source:
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disputes or nancial fraud, and transparency.
Centre for Policy Research, security and larger public • Inadequate Residential
require extensive investigation Vidhi Centre for Legal Policy, Facilities for Judges: Lack of
"Justice Reform Initiative - interest are vague and it gives
and evidence gathering, "Strengthening Judicial proper housing for judges,
Reforming the Collegium System, unlimited veto power to the
contributing to delays. Accountability: A Review of particularly in remote areas,
government. Mechanisms in India," hinders effective service
Less budgetary allocation: The delivery and recruitment. (
budget allocated to the judiciary is Ensuring Diversity and
between 0.08 and 0.09 per cent of Inclusion: Technological Gap:
the GDP
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• Quotas or targets for • Limited Digital Infrastructure:
underrepresented groups: Lack of proper IT infrastructure
Implementing speci c quotas or in courts impedes online lings,
targets for appointing judges case management systems,
from marginalized communities and access to e-justice
like women, Dalits, and services.
Adivasis can address the
• Unequal Access to
existing imbalance. Centre for
Technology: Digital divide in
Policy Research, "Justice
rural areas and among
Reform Initiative - Reforming
marginalized communities
the Collegium System,"
further restricts access to online
• Geographic diversity: legal resources and services.
Ensuring representation from
different regions of India can
bring wider perspectives and
experiences to the judiciary.
• Emphasizing merit alongside
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diversity: Implementing a
transparent system that
balances the need for diversity
with merit-based selection to
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uphold high judicial standards.

Challenges

• Balancing judicial
independence with public
accountability remains a
crucial challenge.
• Implementation of reforms
faces resistance from within
the judiciary, concerned about
preserving their autonomy.
• Finding the right balance
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between merit-based selection
and diversity representation can
be complex.

Constitutional provisions
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