75 years of the Supreme Court of India
Kartavya Desk Staff
Syllabus: Polity: Indian Judiciary
Source: PIB
Context: Prime Minister Narendra Modi inaugurated the National Conference of District Judiciary in New Delhi, commemorating 75 years of the Supreme Court of India with a new stamp and coin.
Important Points highlighted by PM:
• Role of the Supreme Court: The Supreme Court is the highest judicial authority in India, responsible for upholding the Constitution and ensuring justice.
• Judicial Infrastructure: Significant investments have been made in judicial infrastructure, including the development of court halls and residential units for the district judiciary.
• e-Courts Project: Modernizing courts through digital technology to improve efficiency, with the third phase of the e-Courts project approved in 2023.
• Bhartiya Nyaya Sanhita: New legal framework focusing on ‘Citizen First, Dignity First, and Justice First’, including the repeal of colonial-era laws and introduction of modern practices.
• Judicial Training and Wellness: Efforts to enhance the capabilities and well-being of the judiciary through training programs and wellness initiatives.
• Modern Technology Integration: Adoption of emerging technologies like AI and Optical Character Recognition to improve case management and predict case trends.
• Focus on District Judiciary: Emphasis on improving the first touchpoint of justice for common citizens through modernization and better infrastructure.
• Legal Reforms: Implementation of stricter laws for crimes against women and children, and the introduction of community service as punishment for minor crimes.
• Coordination and Fast-Track Courts: Establishment of fast-track special courts and District Monitoring Committees to expedite cases related to serious crimes and ensure effective justice delivery.
Key points about the Supreme Court (SC) and Indian judiciary:
Aspect | Details
Role | The highest judicial authority, final court of appeal, power of judicial review.
Judicial System | Federal structure with three tiers: Supreme Court, High Courts, and Subordinate Courts.
Brief History | – Established by Regulating Act 1773 in Calcutta.
– High Courts created in 1861, Federal Court in 1935.
– The Supreme Court of India was established on 28 January 1950.
Constitutional Provisions | – Part V, Chapter 6: Articles 124-147.
– CJI and up to seven other judges.
Organisational Structure | – 31 judges currently, including CJI.
– Increased to 34 judges by Supreme Court (Number of Judges) Bill, 2019.
Seat | Delhi, with CJI authorized to appoint other seats with Presidential approval.
Appointment of Judges | – Appointed by the President after consultation with CJI and relevant judges.
– Senior most judge convention for CJI appointment, modified by Supreme Court judgments.
Controversy and Collegium System | – Evolved interpretations of ‘consultation’ from the exchange of views to concurrence.
– Collegium system requires multiple senior judges’ consultation for appointments.
Qualifications | – Citizen of India.
– High Court judge for 5 years, advocate for 10 years, or distinguished jurist.
Oaths/Affirmations | – Bear true faith in the Constitution.
– Uphold sovereignty, and perform duties without bias.
Tenure | – Until age 65.
– Can resign or be removed by the President on Parliament’s recommendation.
Removal Process | – Impeachment by Parliament supported by the special majority for proved misbehaviour or incapacity.
Salaries and Allowances | – Determined by Parliament, cannot be varied to disadvantage except during a financial emergency.
Independence | – Secured by fixed service conditions, security of tenure, financial autonomy, etc.
Jurisdiction and Powers | – Original jurisdiction in federal disputes.
– Does not extend to certain matters like pre-Constitution treaties and inter-state water disputes.
Issues:
Aspect | Summary
Judicial Accountability | – Allegations of sexual harassment against the CJI.
– Tension between judicial independence and accountability.
– Judiciary is retributive, not rehabilitative.
– Out of RTI’s ambit, leading to information asymmetry.
– Opacity highlighted by the 2019 press conference of 4 judges.
Judicial Overreach | – Concerns over the judiciary encroaching on executive functions.
Contempt of Court | – Excessive use to silence dissent.
Credibility Crisis | – Controversy over the appointment of ex-CJI Ranjan Gogoi to the Rajya Sabha in 2020.
Vacancies and Case Pendency | The judge-population ratio is 20 per million.
| – ~88% case clearance rate leading to 5 crore pending cases (Economic Survey 2018).
Reforms Needed:
To address the challenges facing the Indian judiciary, several key reforms are essential. Introducing a new Judicial Standards and Accountability Bill would enforce strict standards and accountability for judges. A comprehensive Code of Conduct, enforceable by law, is needed to ensure judicial integrity. The Contempt of Court Act, 1971, should be amended as per the Law Commission’s recommendations to prevent its misuse. Establishing an independent Lokpal specifically for the judiciary could enhance oversight. Addressing the issue of judicial vacancies by implementing the Law Commission’s suggested formula and expanding the All India Judicial Service would improve the quality and efficiency of the judiciary. Utilizing Information and Communication Technology (ICT) solutions, such as the LIMBS system, and exploring alternative dispute resolution methods, including Lok Adalats and Gram Nyayalayas, can help manage caseloads and expedite justice.
Conclusion:
The accessibility, affordability, and speedy justice are fundamental pillars of an efficient judicial system. Continuous assessment and reform are crucial for strengthening and reinforcing the justice delivery system in India, ensuring it meets the needs of its citizens effectively and fairly.
Insta Links
• Judicial Pendency
Mains Links:
Critically examine the Supreme Court’s judgement on the ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (USPC 2017)
Prelims Links:
With reference to the Indian judiciary, consider the following statements: (USPC 2021)
• Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
• A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither I nor 2
Ans: (c)