Indian judiciary Archives - Lokmarg

CJI Chandrachud Brings Mojo Back To Judiciary

‘CJI Chandrachud Brings Back Transparency, Proficiency, Easy Access to Court’

By LokMarg 29th August 2023

Bhavesh Kumar, an LLM student at National Academy of Legal Studies & Research, Hyderabad, says law students have found a new role model in CJI DY Chandrachud. His views:

The Supreme Court of India has witnessed several new initiatives in the first nine months of the dynamic leadership of the Chief Justice of India (CJI), Dr Dhananjaya Y Chandrachud. Long pending Constitutional Law cases have been taken up for hearing, and the court has not shied away from asking tough questions from the government.

He definitely is bringing the mojo back into the judiciary, building up on the strengths as well as shedding light upon the shortcomings and improving the overall framework. From taking suo moto cognizance regarding the Manipur incident video that emerged online, asking the Centre and State to appraise the steps taken on the issue to suspending Rahul Gandhi’s two year prison sentence in the defamation case, the Supreme Court is substantiating the independence of the judiciary pillar of our vibrant democracy.

Live streaming of constitutional bench hearings and AI enabled live transcripts of court arguments are a big leap towards transparency and accessibility to the highest court of the country. There is a definite expansion of the horizons, giving so much to youth to look up to our CJI as a role model.

‘The Role of Judiciary in a Changing World’ by Hon’ble Justice Sundaresh Menon, Chief Justice, Supreme Court of Singapore, was organised by the Supreme Court of India this month, and they also conducted the first ever Hackathon for identifying innovative ideas and exploring practical propositions for enhancing and bringing competence to the already existing processes from ‘filing to listing’ of judicial matters.

The CJI launched the eSCR (electronic version of the Hon’ble Supreme Court Reports) as a tribute to the nation. With more than 34,000 judgments available online, the portal provides facility to search judgments based on various parameters like, phrase, words, name of the judge, bench strength, volume, citation, date of decision etc. With an aim to provide access to judgments in scheduled languages, the new feature provides translated versions of Supreme Court judgments in Indian languages making it a huge boon for not only the legal minds but also making things elementary for those interested in looking judgments up for any reason at all.

ALSO READ: ‘Tardy Justice Breeds Calls For Extra-Judicial Measures’

Dr Chandrachud also gave a visionary outlook to the process of scanning and providing soft paper books for paperless court functioning to ensure that judiciary uses technology to its optimum level. ‘AI assisted Legal Translation Advisory Committee’ was also constituted with domain experts in the field of Artificial Intelligence as the Members of the Committee, to evaluate and oversee the advancement of as well as propose actions to additionally improve the utilisation of AI tools for translation of legal documents in various vernacular languages within the Supreme Court of India. Even the online RTI portal, introduced on November 24th, 2022, marks a significant stride towards transparency, the elimination of paper-based application submissions, appeals, and online payment of fees via methods like net banking, card payments, UPI, and more.

Our Chief Justice is entrusted with upholding justice and ensuring a fair application of laws and his dedication to impartiality and fairness sets an example to treat others equitably and stand up against injustices. His effective leadership skills and a strong sense of responsibility inspire young people to take on leadership roles and responsibilities in their own lives and communities.

The ethical conduct he carries can motivate young people to prioritize integrity and honesty in their own actions. Furthermore, his significant impact on shaping legal precedents and guiding the direction of the legal system can encourage anyone to pursue careers in law and contribute positively to legal reforms and progress.

As told to Deepa Gupta

Political Postings For Retired Judges Send A Wrong Signal

By LokMarg 10th March 2023

Syed Rizwan Mustafa, a legal expert in Lucknow, says there should be a cooling-off period before assigning new responsibilities to retired Supreme Court judges

The debate over giving plum postings to retired Supreme Court judges is not new. Our Parliament and the National Law Commission have deliberated over the subject and its ethicality on various occasions. The most favoured view over such appointments is that there should be a cooling-off period – two or three years – for the retired judges to take up any office of profit in the government.

Supreme Court judges retire at the age of 65 and there is no harm if their experience and jurisprudence is utilized to serve the country or its institutions. Indeed, there are some offices on which only retired judges from the Supreme Court and high courts can be posted. For example, the chairman of the NHRC (National Human Rights Commission) can only be occupied by a retired Chief Justice. Or, the head of Law Commission must be a retired judge.

The matter of concern is political appointments or posts that carry a lot of power and benefits. For example, the appointments to State Raj Bhawan or nomination to the Rajya Sabha are purely political and carry a lot of weight. Such appointments send a wrong signal.

The most recent case has been the new responsibilities given to the judges of the bench which pronounced the Ram Lala–Babri Masjid dispute verdict. The bench comprised the then Chief Justice of India Ranjan Gogoi, Justice Ashok Bhushan, Justice SA Bobde, Justice DY Chandrachud (current CJI), and Justice SA Nazeer.

While Justice Nazeer has been recently appointed as the governor of Andhra Pradesh, CJI Gogoi was sent to the Rajya Sabha four months after his retirement. Similarly, Justice Bhushan, who retired in July 2021, was appointed as the director of the National Company Law Appellate Tribunal (NCLAT) after four months of his leaving office while Justice Bobde is serving as the Chancellor of Maharashtra National Law University.

ALSO READ: Has SC Blurred Separation Of Powers?

While all of these appointments, made by the current ruling dispensation, are legal and valid, these can be debated on moral and ethical grounds. The interesting part is all parties indulge in such practices while in power but decry the same when in the Opposition. This duality in itself raises doubts about these appointments.

The Law Commission, in its 14th report, had observed that retired Supreme Court justices should not be given government postings. The report also maintained that the government is a party to most of the cases in the apex court and therefore, such appointments send a wrong message to the common people. Justice AP Shah, the former chairman of the Law Commission, had also said that there should be a cooling off period of three years for retired judges when they are offered posts by the government.

Senior BJP leader and Union minister Nitin Gadkari has advocated a cooling period of two years earlier. The former Law Minister late Arun Jaitley was also of the view that appointments immediately after retirement affect the new responsibilities. However, this view is no longer being pursued by their own government. Nonetheless, the issue is debatable and it will not be simple to reach a permanent settlement.

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As told to Rajat Rai

Indian Judiciary To Go Paperless soon: Rijiju

By LokMarg 6th December 2022

Union Law and Justice Minister Kiren Rijiju on Tuesday asserted the Indian judiciary will go completely paperless in the near future.

Speaking at the inauguration of the Delhi High Court new building, the Minister said, “I had a detailed meeting about the e-Court projects. For e-courts I have also requested the Chief Justice of India (CJI) to complete the task in his tenure.”
He said lawyers in the country should be prepared for paperless work adding that the Ministry has conveyed to law officers that very soon the system will have to go paperless.

“When we talk about the judiciary which is totally digital, then it will have a huge impact on the justice delivery mechanism itself. It will also help in delivering fast result,” Rijiju said.

While stating that as the central government has a well-defined role, Law Minister Rijiju said, the Centre cannot do much for High Court infrastructure as it is the State government who has to look after the expenditure for developing the infrastructure.

“We have to make the judiciary more interesting and attractive so that aggrieved people should be able to come to courts with ease,” he said

On Tuesday, the Chief Justice of India DY Chandrachud inaugurated a new ‘S block’ of the Delhi High Court. Besides the Chief Justice of India, Law and Justice Minister Kiren Rijiju, Minister of Housing and Urban Affairs Hardeep Puri, Justice Sanjay Kishan Kaul, Justice Hima Kohli, Justice Sanjeev Khanna of Supreme Court, Delhi Lieutenant Governor Vinai Kumar Saxena and Delhi Chief Minister Arvind Kejriwal were guests of honour at the inauguration function.

According to the Delhi High Court communication, the ‘S block’ building is truly a new benchmark in judicial infrastructure as well as public architecture made possible by the support of the Government of India, the Government of Delhi and all Government regulatory as well as project management agencies who worked synergistically to serve in the cause of justice.

According to Delhi High Court’s press communication, the new building has Delhi International Arbitration Centre with 18 new arbitration rooms and huddle rooms. It will also have a Judicial Convention Centre with Full Court Facility, a 285-seater Auditorium, 200 lawyers’ Chambers, and Common meeting rooms with other facilities for lawyers including a cafeteria.

The new Block will also have offices across 6 floors and a large 300 capacity Parking facility across three basements. (ANI)

For Timely Justice, Our Judiciary Is Taking A Lot Of Steps: Modi

By LokMarg 26th November 2022

Prime Minister Narendra Modi on Saturday said that for timely justice, the Indian judiciary is taking a lot of steps such as e-initiatives launched today to ensure ease of justice for all.

During the Constitution Day celebrations program in the Supreme Court, the Prime Minister also launched various new initiatives under the e-court project. The project is an effort to provide services to litigants, lawyers, and the judiciary through the ICT enablement of courts.
The initiatives launched by the Prime Minister include Virtual Justice Clock, Justis mobile App 2.0, Digital court, and S3WaaS Websites.

The day has been celebrated as Constitution Day since 2015, to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949.

“Our country as the “mother of democracy”, is strengthening our constitutional beliefs. With the strength of Pro-People Policies, we are empowering the poor, marginalized, and women with simplified laws. The eyes of the entire world are on India. Rapid development, rapid economic growth… the world is applauding India,” said PM Modi while addressing the event.

The Prime Minister further said that our biggest strength is our Constitution. “We the people” in our constitution aren’t just three words but is a belief.”

“For timely justice, our judiciary is taking a lot of steps… including the e-initiatives that were launched today, ensuring ease of justice for all,” PM Modi.

He said that everyone should enhance India’s prestige before the world and bring its contribution before them.

“New opportunities are coming up before India. Crossing all hurdles, it’s going ahead. A week from now, India will get the G20 presidency. It’s big! As Team India, all of us should enhance India’s prestige before the world and bring its contribution before them. It’s our collective duty,” he said.

The Prime Minister said, “I congratulate all of you for the e-initiatives and ensuring access to justice. Mahatma Gandhi used to say that our rights are our duties. In this “Amrit Kaal”, the countrymen have to fulfill their duties.”

He said that the spirit of India’s Constitution is youth-centric and the development of the country is on the shoulders of the youth.

“Our constitution is open, futuristic, and known for its progressive views. The spirit of our constitution is youth-centric. The development of our country is on the shoulders of the youth. From sports to startups, from information technology to digital payments, Yuvashakti is contributing to India’s progress,” said PM Modi.

The Prime Minister also urged youths to take part in debates and discussions on Constitution to understand the constitution better.

“To make the youth understand the constitution better, I urge them to participate more in discussions and debates regarding the constitution. The youth must know of the constituent assembly debates. It will strengthen India,” he added.

He said that the constituent assembly included 15 women.

“From Durgabai Deshmukh to Hansa Mehta to Rajkumari Amrit Kaur, all were instrumental in empowering the women of India,” he said.

PM Modi said that the vision for Amrit Kaal is a judicial system in which it is easy and speedy justice for all. (ANI)

Weekly Update: High-risk Lives of Food Delivery Men; Where Are All The Judges?

By Lehnga Singh 2nd May 2022

Last weekend, in north Delhi, a food delivery man zipping on his motorcycle to meet a deadline crashed into a car. The gory accident led to at least three deaths. Anyone who has been commuting or driving on the roads in India’s big cities would have seen the sheer number of food delivery people on their bikes, weaving in and out of traffic, often breaking traffic rules, in their quest to deliver food from restaurants and other outlets to consumers. They operate on tight schedules, and what they earn depends largely on the number of deliveries they can complete each day.

On paper, in India, where the per capita income per month is a measly ₹1,025, a delivery person for the more popular app-based food delivery platforms can earn up to ₹50,000 a month. In addition, many of them can get cash incentives linked to their performance. But all of these come at a cost. It is hard work, involving bike rides through India’s notoriously frenetic traffic and carrying huge loads on their backs.

Besides the risks of driving against tight deadlines and carrying loads, delivery persons for services such as Zomato and Swiggy often have to put in 12-14 hours a day in order to earn enough to make ends meet. Last year, a couple of them took to social media anonymously to talk about the conditions under which they work. One of them compared their status to that of slaves.

India’s urban middle class and richer strata of households have got used to the convenience of ordering food that can be delivered to their homes, sometimes even round-the-clock. But behind the ease of clicking an app and getting what you want–the platform has also led to a mushrooming for food outlets in most cities–is the darker reality of the risks that those who work in food delivery face. The north Delhi incident took place soon after a leading food delivery company offered deliveries within 10 minutes after a customer placed an order. The market has turned competitive and companies are pushing the limits to offer an edge over their rivals.

The employment opportunities that such Business-to-Consumer (B2C) services offer to India’s burgeoning youth is certainly welcome but it is also necessary for the players in the business to ensure that basic safety, health and other work-related conditions are protected. Delivery persons are usually not employees; they work on contracts that provide little in terms of health insurance or other safety nets; and often the pressure on them can force them to take risks as happened when the delivery person in Delhi lost his life.

Where Are All The Judges?

India’s chief justice N.V. Ramana recently revealed that there are more than 40 million cases pending in lower courts. That is a mind-boggling number that could take decades, if not longer to be disposed of.

What that huge backlog signifies is the acute shortage of judges in the Indian judicial system. Take the situation in high courts alone. In India’s 25 high courts, the number of total judges sanctioned is 1,104 of which 833 judges are permanent and remaining 271 sanctioned for additional judges. But as on date, 35% of these posts are vacant because there are no candidates available. In lower courts, the situation is worse.

India’s judicial system is hugely inadequate when it comes to judges. India’s ratio of judges to population is ridiculously low. For every million people there are just 20 judges. In the US it is 107; and in the UK, 51.

At the same time the volume of litigation is on the rise in India. Delays are commonplace and legal relief, particularly for the poor, is often fraught with years of waiting and incurring high costs. If India has to reduce the backlog of pending cases, the crucial thing would be to attract more judges to the judicial system. For obvious reasons, legal professionals prefer to work as advocates and lawyers rather than as judges. Judges in India, particularly in the lower courts, get salaries that are low compared to what a lawyer can earn. The starting basic salary of a district judge is ₹26,000. This has meant that in lower courts it is difficult to attract competent judges to fill posts.

It is time for a major reform of the judicial system. And if India has to tackle the growing backlog of legal cases that are pending, it must start by attracting more judges to head its courts.