India Needs Judicial Reforms!

India is the world's largest democratic country and is governed by what is called “The Three Pillar of Democracy” in the constitution. These are Legislature, Executive and Judiciary. On behalf of the people of India, the Indian parliament adopted the constitution but unfortunately, the citizens are slowly losing confidence in the justice system. The victims feel ignored and are crying for justice, now as the country is passing through a transition phase from a developing economy towards a developed country. It is high time for laying the path for judicial reforms where citizens get timely justice! there is no stopping the reforms needed for the Judicial system in India; in the observance and the eyes of the author; which the author has discussed in depth in his upcoming book regarding; Conflict of Supremacy and judicial reforms.

“Our resistance to using any means of communication has to change. We can reach out to our citizens by using the language of discourse, which is becoming so prevalent in society. Unless we as judicial institutions shed this resistance to adopting any and all means of communication, which is so widespread in our society, we will rapidly lose the game, which is already in process, unless we do away with this fear of modern communication." says Justice D.Y. Chandrachud, while referring to himself as a "confessed geek on technology".

There are some challenges and issues, which the Judiciary in India is facing in the current scenario; such as delays in justice. Postponement in justice implies the time taken to discard a case and the time that the court would spend in deciding the matter as deferred. “Justice delayed is justice denied” in India. One of the fundamental explanations behind the postponement of justice is that the organization of courts surpasses its mien.

Secondly, communication is truly significant for each country's judiciary to be an inherent piece of society. The judiciary system’s contact with society should be made a daily practice. Many times, it’s tough for a layman to understand the language in Indian courts; as the official language is English, people should feel connected with the courts and justice system in India.

Another issue is the Judiciary Clogged State. There is no debate that the biggest issue which the judiciary faces is the huge backlog of cases, denial of ‘timely justice’ amounts to the denial of ‘justice’ itself. Timely disposal of cases is essential to maintain rule of law and provide access to justice, which is lacking in the current judicial system.

Thirdly, the development in the working of the court system also includes the use of technology. We are presently in the third decade of the twenty-first century, and with regard to the court, technology is yet to play a huge part in enhancing efficiency in the judicial system. We have seen the importance of ICT during the time of the Covid-19 period.

There are many other issues like communication, litigation, judicial infrastructure, the lacking capacity of judges and much more! To address these issues, we have come up with some incredible reforms! It starts from:

Time Bound Trials - The Concept of Time Frame should be followed, and the Judiciary should prepare a time frame, for the disposal of cases.

The Process should not be a Hurdle - The court process should not be a hurdle for the people. A vision of equal, expeditious and inexpensive justice for India’s millions, a passion for the effective delivery of social justice for the victims and a mission of constitutional fulfilment through a dynamic rule of law geared to democratic values.

Collegium System and Judges' Appointment - To maintain transparency, the selection of the High Court judges should be through a transparent and public mechanism so that the right candidate can be chosen to sit in the constitutional courts. No nepotism or favouritism!

Live- Hearings of the PIL - PIL refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially disadvantaged parties. Individuals with hidden agendas having unscrupulously filed a PIL of dubious nature can only be safeguarded by the live streaming of PIL.

The Dress Code for the System of Law - In India, we all know how the British impact still has its root. Let’s make it mandatory for every lawyer to wear a black coat or robe over a white shirt with a neckband. There should be an amendment in the said Dress Code according to India’s weather and as followed in Ancient Bharat.

The Establishment of New Courts - This is a fact that the non-availability of judges, delays the process of justice courts, so some new courts should be made in District courts for fast disposal of the cases.

The Massive need for Reforms in Revenue Courts - Revenue courts are specifically dealing with matters related to land revenue where the sufferers are poor farmers. So, to regulate them, the state should provide these with proper resources and infrastructure so that they can work effectively and efficiently.

The Appointed Senior Advocates - Advocates who are designated as Senior Advocates should contest at least 20% of the cases pro bono for needy and poor people. A list should be made by State Legal Authority; mentioning the names of advocates and cases should be provided to them.

Lastly, the Modernization of Courts i.e., Virtual Courts - The Corona period triggered the Indian Judiciary to embrace a more present-day working procedure. The courts are becoming virtual, with cases and hearings occurring over virtual conferences. Soon, the courts should be permanently converted into Virtual Mode as it will prove to be very beneficial in decreasing corruption and in saving the expenses caused in Courts. It will be massively helpful to those who are distant. Saves time, effort and money!

To put it in a nutshell, there is no stopping the reforms needed for the Judicial system in India. After all, democracy is For the People, By the People, Of the People of India!