Judicial Reforms in India :part 1
Judicial reforms are aimed at modernizing, strengthening, and making the judiciary more effective to ensure timely, accessible, and quality justice. They address both structural and procedural issues in the judicial system.
1. Why Judicial Reforms Are Needed
The judiciary is one of the three pillars of democracy (Legislature, Executive, Judiciary).
Society evolves continuously, creating new legal challenges.
Judicial reforms ensure:
Timely justice
Equality and fairness
Adaptation to technological and social changes
Reduction of backlog and pendency
2. Key Issues in the Indian Judicial System
| Issue | Details |
|---|---|
| Shortage of Judges | Around 35% posts in subordinate courts vacant; India has 17 judges per million (very low). |
| Appointment of Judges | Collegium system criticized for opacity and lack of accountability. |
| Pendency of Cases | Millions of cases pending, especially in lower courts. |
| Poor Infrastructure | Only 0.09% of GDP allocated; courts lack modern facilities. |
| Human Resources | Shortage of clerks, stenographers, public prosecutors, etc. |
| Gender Diversity | Only 11 women judges in Supreme Court history; no female Chief Justice yet. |
| Undertrials | 76% of prison inmates are undertrials (NCRB 2020). |
| Procedural Delays | Delays in service of summons, outdated CPC, CrPC, Evidence Act. |
| Burden of Extra-Judicial Work | Judges diverted to administrative/legal services work. |
3. Impact of Judicial System Challenges
Delay in Justice – Some cases take decades to resolve.
Quality of Justice – Judges’ workload affects careful examination of cases.
Financial Burden – Prolonged litigation increases costs for parties.
Economic Impact – Disputes delay business, investment, and infrastructure projects.
Erosion of Trust – Public loses faith in judiciary due to delays, corruption, or inefficiency.
4. Factors Hindering Judicial Reforms
| Intrinsic Factors | Extrinsic Factors |
|---|---|
| Resistance to change | Political interference |
| Corruption within judiciary | Insufficient resources/funding |
| Insufficient capacity for reforms | Overburdened courts |
| Bureaucratic red-tapism | Lack of public awareness |
5. Key Areas for Judicial Reforms
Structural Reforms
Increase the number of judges and courts.
Strengthen subordinate judiciary and tribunals.
Procedural Reforms
Modernize CPC, CrPC, Evidence Act.
Introduce case management and digital filing systems.
Reduce adjournments and delays.
Administrative Reforms
Improve court infrastructure.
Enhance support staff, court management, and training.
Technological Reforms
E-Courts, video hearings, online case tracking.
Digital record-keeping for faster retrieval.
Access to Justice
Legal aid for marginalized groups.
Awareness programs on legal rights.
Simplification of procedures for citizens.
Accountability and Transparency
Reforms in the collegium system or alternative appointment mechanisms.
Public grievance redressal mechanisms for judicial inefficiency.
6. Ongoing Reforms & Initiatives
E-Courts Mission Mode Project – Digitalization of courts.
National Judicial Data Grid (NJDG) – Case pendency and disposal tracking.
Fast-Track Courts – To reduce backlog in specific categories (women, SC/ST, sexual offences).
Legal Services Authorities (LSA) – Provide free legal aid and awareness.
Alternative Dispute Resolution (ADR) – Mediation, Lok Adalats, arbitration.
7. UPSC Key Points
Judicial reforms are continuous and dynamic, not one-time.
Focus on accessibility, speed, transparency, and efficiency.
Linked to funding, infrastructure, and human resources.
Cases of judicial delay can impact governance, economy, and social trust.
Important for Constitutional balance and rule of law.
Leave a Reply