DMPQ-The judiciary has been the nation’s moral conscience, speaking truth to political power, upholding the rights of citizens, mediating Centre-state conflicts, providing justice to the rich and poor alike. But still Judiciary is Craving for reforms. Comment

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The judiciary must reform as the task of dispensing justice is growing bigger and bigger. The delay in justice delivery, non-accessibility of justice to poor are some of the issues which are being faced by citizens. There are following reforms that Judiciary must adhered to which are as follows:

  • The concept and notion of hierarchy has to be done away with. By calling district courts and magistracy the “lower” judiciary, grave disservice is done to their role and importance in justice delivery. Use of terminology steeped in hierarchy should be discontinued.
  • More focus on appointment of District judges to High Courts and Supreme courts. The basic crux is timely fill up of vacancy and more focus on recruitment at district level.
  • The entire system of appointments to the higher judiciary requires reform, influenced as it is by considerations of rep­­resentation (region, caste, religion, the latter two often operating negatively). Representation is important but should not be a determinative factor. Appointment has to be on Merit.
  • Equally important are considerations of gender—to see that an adequate number of women are represented on the bench. It is a pity that despite such large numbers of women in law colleges, very few join the legal profession.
  • An egregious failure of the Supreme Court and high courts has been the reluctance to take disciplinary action against one’s own colleagues for misconduct. A marked contrast is visible when it comes to action taken by them against judges lower down the pecking order, for much lesser offences.- Creates disciplinary mechanism
  • Establish a permanent Constitution Division of SC
  • The motto of the Indian judicial system as it turns 70 ought to be JALDI—Justice, Access and Lowering Delays in India. This requires a multi-pronged 10-year mission with all stakeholders—successive chief justices, judges, governments (central and state), lawyers, registry staff, researchers and academics—working in concert to ensure quicker access to justice to litigants.

 

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