India has just 13 judicial posts per million people, though the Law Commission had recommended 50 judges per million of the population, based on the ratio prevalent in the US in 1981. Vacancies are massive, and the scarcity is worsened in some states due to judicial absenteeism. This also explains why India ranks a lowly 172 when it comes to enforcement of contracts in the World Bank’s ranking on ease of doing business. Newly appointed judges will need additional court rooms. Building those courtrooms would spur much needed investment.
Prime Minister Narendra Modi’s call to create an All India Judicial Service to expand the lower judiciary is welcome. India’s legal infrastructure is stunted. The reform meant to improve the subordinate judiciary is long pending, and will help reduce the backlog of cases. A rigorous recruitment process, akin to the All India Civil Services Examination, will draw in good people and also ensure a gradual supply of talent for elevation to the high courts and the Supreme Court.
India has just 13 judicial posts per million people, though the Law Commission had recommended 50 judges per million of the population, based on the ratio prevalent in the US in 1981. Vacancies are massive, and the scarcity is worsened in some states due to judicial absenteeism. This also explains why India ranks a lowly 172 when it comes to enforcement of contracts in the World Bank’s ranking on ease of doing business. Newly appointed judges will need additional court rooms. Building those courtrooms would spur much needed investment.
We need comprehensive judicial reform to cover the whole gamut of requirements: more judges, streamlined procedure to hear cases continuously, sort cases by the legal principle at stake, and identify settled judicial opinion, so that junior courts do not waste time and money delivering judgments that are guaranteed to be overturned by a higher court. Videographed court proceedings that can be subjected to audit by a body drawn from former members of the higher judiciary makes sense. Globally, electronic court systems have been found to have cut the time and costs associated with filing, administering, tracking and resolving legal disputes. They allow for more efficient record management in courts. However, states have a distance to go.
Courtesy: The Economic Times
