Question- Highlight the institutional problems present in the Indian Judiciary.
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Model Answer
INTRODUCTION:
The Constitution of India envisages a ‘fiercely independent judiciary’, which allows it to act as an active participant in India’s social revolution.
MAIN BODY:
Institutional Crises in Indian Judiciary–
• Related to Appointment of judges: Tussle between government and judiciary on the issue of appointment of judges, resulting in administrative losses such as increasing number of pending cases. As per national judicial data grid report, 3.4 crore cases are pending in Indian judiciary.
• Allocation of matters: Rift between CJI and other senior judges of Supreme Court on issue of ‘master of the roster’.
• Corruption Allegations: Lack of a systematic mechanism to deal with allegations of corruption in the higher judiciary.
• Arbitrary assertion of Judicial Sovereignty: Indian judiciary’s legitimacy of upholding Constitutional morality took a blow with Shyam Narayan Chouksey case on the national anthem, interfering with the powers of executive and legislature through directives as seen in liquor ban case, environmental guidelines, excessive recourse to Article 142 with an objective of law-making etc.
• Delicate political balancing rather than working on high ideals: Supreme Court’s judgment on politically and religiously controversial issues such as Babri masjid case, triple talaq case have been criticised by Constitutional experts.
• Judicial Delays: As per the study commissioned by Union Law ministry in 2016, India’s top courts take an average 10-15 years to decide on a case. It perpetuates the feeling of justice delayed is justice denied.
CONCLUSION:
Independent and effective judiciary in the Indian parliamentary system is an absolute necessity. Therefore, in place of executive intervention, judicial discipline, use of technology (digital) and adequate infrastructure development could maintain the independence of the judiciary.
