Role and Challenges in India’s Judicial Landscape
India is a federal State with a single and unified judicial system with a three-tier structure – SUPREME COURT (at top), HIGH COURT (at state/s level) and SUBORDINATE COURTS (at district level).
Constitutional Framework & Hierarchy
- Part VI (State): Spanning from Article 233 to 237 of the Indian Constitution.
- The state judiciary includes a High Court (HC) and a hierarchy of subordinate courts, also known as lower courts, operating under the HC at district and lower levels.
Judicial Appointments
District Judges (Art 233)
The GOVERNOR of the state, in consultation with the HC, is responsible for the appointment, posting, and promotion of district judges within the state.
Qualification Criteria:
- He should not already be in the service of the Central or the state.
- He should have been an advocate for seven years.
- He should be recommended by the HC for appointment.
Other Judges
Made by the Governor of the state after consultation with the STATE PUBLIC SERVICE COMMISSION and the HC of the concerned state.
Control and Jurisdiction
- High Court Control: The High Court has authority over district courts and other subordinate courts, including the posting, promotion, and leave of individuals in the state’s judicial service who hold positions below that of a district judge.
- Magistrates: The Governor may direct that the above-mentioned provisions relating to persons in the state judicial service apply to any class or classes of magistrates in the state.
- Structure Variation: The states determine the organizational structure, jurisdiction, and nomenclature of the subordinate judiciary, leading to slight variations between states.
- Generally, there are three levels of civil and criminal courts below the state’s High Court.
Schematic- Hierarchical Structure
1. District Judge
He is the highest judicial authority in the district.
- In civil matters, the district judge is referred to as the District Judge.
- In criminal matters, the district judge is known as the Sessions Judge.
- The district judge has both original and appellate jurisdiction in civil and criminal cases.
- The district judge performs both judicial and administrative functions and has supervisory authority over all subordinate courts within the district.
- Appeals: Appeals against the district judge’s orders and judgments can be made to the High Court.
2. Sessions Judge Powers
The Sessions Judge has the authority to impose any sentence, including life imprisonment and the death penalty.
Note: Capital punishment passed by him is subject to confirmation by the HC, whether there is an appeal or not.
3. Courts Below District Level
Below the District and Sessions Court, there is:
- The Court of Subordinate Judge for civil cases.
- The Court of Chief Judicial Magistrate for criminal cases.
Economic Survey 2018-2019: Critical Issues
- Indian judiciary system has over 53 crore pending cases (subordinate courts comprises about 87.54%).
- Case Clearance Rate (CCR) for Subordinate courts – 89%. (Due to CCR below 100%, cases are accumulating – Resulting pendency).
- Additional judges required in year – 2279.
- To eliminate the backlog within the next five years, 8,152 additional judges are required.
- Lower courts are currently operating at 79% of their sanctioned strength.
- The backlog impedes dispute resolution, contract enforcement, investment, project progression, tax collection, and increases legal costs, raising the cost of doing business and lowering the EoDB (Ease of Doing Business) rank.
Subordinate courts play a crucial role in the lives of common people by conducting trials and resolving civil disputes.
Challenges Upholding Common Man’s Rights
Subordinate courts are closely involved in matters that affect the life of the common man, such as conducting trials and settling civil disputes.
But, high levels of vacancy for the posts of judges and pendency of cases are major issues which impedes efficient and effective justice delivery to citizens.
Issues Encountered
- Issues in Recruitment: Sluggishness and procrastination in the process of calling for applications, holding recruitment examinations and declaring the results. (Subordinate courts are working at 79% their sanctioned strength).
- Pendency of Cases: District and Subordinate courts account for 54 percent of pending cases.
- Lack of uniformity in frequency of hearings among the Lower courts in the country.
- Inordinate delays in evidence collection and examination of witnesses which impacts the overall process of the court.
Multi-Dimensional Impacts of Judicial Pendency
Justice & Society
- Delayed Justice, Denied Justice: Speedy trial is a part of right to life and liberty (Art 21).
- Erosion of Social and Ethical Infrastructure: Negative effect on social development, higher crime rates and erodes credibility of institutions.
- Overcrowding of Prisons: Beyond 150% of the capacity, results in “violation of human rights”.
Economy
- Affects the Economy: Judicial delays cost India around 1.5% of its GDP annually.
- Pendency obstructs dispute resolution and contract enforcement.
- Discourages investments, stalls projects, hampers tax collection.
- Escalates legal costs, increasing the cost of doing business.
WAY FORWARD
- Coordination: A smooth and timely appointment process necessitates close coordination between the High Court and the State Public Service Commissions.
- Capacity Building: Enhancing the induction process and building the capacity of both manpower and resources.
- Enhancing Infrastructure: Improving court infrastructure and utilizing ICT tools such as LIMBS and e-Courts.
- Proportionate Recruitment: Of legal and paralegal staff too has to be addressed.
- Specialisation: Survey (2018) highlights the need for more judges specialised in criminal cases as these form a major portion of pending cases along with lower CCR.
- Create an All-India Judicial Service (AIJS) to attract the best talent in India’s legal profession.
- Increase in Number of Working Days: Average annual working days for subordinate courts is 244– could improve productivity and efficiency.