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Indianisation of the Judiciary The Chief Justice of India (CJI) recently announced that the Supreme Court's decisions will henceforth be translated into four languages: Hindi, Tamil, Gujarati, and Odia, at the launch of online e-inspection software. It is a step toward the judicial system becoming more Indian. What is the Indianisation of the Judiciary? The world's oldest judicial system is found in India. Our history as a legal and judicial system goes back 5,000 years. In actuality, no other legal system has a more illustrious and illustrious history than Bharat-Varsh. Courts must put the interests of litigants first, and the…
26 January, 2023
Judicial reforms
Women’s Representation in the Courts It was only the third time in the Supreme Court's history that a bench comprised entirely of female justices heard cases. More on the news: Apex Court's all-woman bench: Chief Justice of India D Y Chandrachud has appointed Justices Hima Kohli and Bela M Trivedi to the bench. The Supreme Court had an all-woman bench for the first time in 2013, and the second time in 2018. Women in the Supreme Court: Justice M Fatima Beevi was appointed as the Supreme Court's first woman judge in 1989, following her retirement as a judge of the…
07 December, 2022
Judicial reforms
Live-Streaming of the Supreme Court’s Proceedings The Supreme Court (SC) recently made the decision to stream live its proceedings in significant Constitution Bench matters starting on September 27, 2022. The broadcast of judicial sessions has made positive systemic improvements possible. ??????? What is the History? In the case of Swapnil Tripathi v. Supreme Court of India (2018), the Supreme Court had decided in favour of live-streaming the proceedings at the top court. It was decided that the right to access justice under Article 21 (Protection of Life and Personal Liberty) of the Constitution includes the live streaming of court hearings.…
23 September, 2022
Judicial reforms
TELE LAW SERVICE Was launched in 2017, the Tele-Law program of the Department of Justice is an effective and reliable e-interface and pre-litigation mechanism which aims to connect needy and marginalized persons, in need of legal advice, through Para Legal Volunteers (PLVs) with Panel Lawyers via video conferencing or telephonic facilities available at Common Service Centres situated at the Panchayat level. The Union Minister of Law and Justice announced that from this year, Tele-law service was being made free of cost for the citizens in the country. Feature of tele law service: Accessibility: It is…
22 July, 2022
Judicial reforms
REFORM IN JUSTICE DELIVERY SYSTEM The Chief Justice of India stated that the pendency of cases is a major issue and the problem is intensifying very rapidly. Judicial reform is not merely a policy matter and human sensitivities should be kept at the centre of all the deliberations on this issue. Data More than 40% of cases are decided after three years in India, whereas in many countries less than 1% of cases are decided after three years. About 70% of prisoners in India are undertrial and are mostly poor citizens and backward classes. Challenges of the Judicial System Lack…
08 July, 2022
Judicial reforms
NALSA (National Legal Services Authority) Act 1987 The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of society and to organize Lok Adalats for amicable settlement of disputes. NALSA is located at New Delhi. Hon’ble Mr. Justice N. V. Ramana, The Chief Justice of India is the Patron-in-Chief. In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the…
21 December, 2021
Judicial reforms
The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 Recently, the President promulgated Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 through which the Appellate authorities under nine laws have been replaced with High Courts. (Click here to read about Administrative Tribunals in India) The Ordinance amended the Finance Act 2017 to include provisions related to the composition of search-cum-selection committees, and term of office of members in the Act itself. The Finance Act 2017 It empowered the central government to notify rules on qualifications of members, terms and conditions of their service, and composition of search-cum-selection committees for 19 tribunals (such as Customs, Excise, and…
07 September, 2021
Judicial reforms
Schemes for Judiciary Cabinet has approved the continuation of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary for a further five years from 01.04.2021 to 31.03.2026 at a total cost of Rs.9000 crore, out of which Central share will be Rs.5357 crore including Rs. 50 crore for the Gram Nyayalayas Scheme and their implementation in a Mission Mode through National Mission for Justice Delivery and Legal Reforms. Need for the scheme: Several courts are still functioning in rented premises with insufficient space and some in dilapidated condition without basic amenities. Lack of residential accommodation to all…
19 July, 2021
Judicial reforms
Tele Law Programme under the Department of Justice Tele–Law began its humble journey in 2017 by covering 170 districts in 11 States through 1800 CSCs. In 2019, 115 Aspirational Districts were added taking the number of CSCs to 29,860. The tele-Law programme is presently operational in 633 districts (including 115 Aspirational Districts) across 34 States/UTs through a network of 50,000 CSCs. The programme connects the disadvantaged and needy seeking legal advice from Panel Lawyers through an e-interface platform available in Common Service Centres(CSC). Tele-Law saw a surge of 369% growth in the number of beneficiaries seeking legal advice during the…
07 July, 2021
Judicial reforms
Draft rules for live-streaming and recording court proceedings Draft Rules released by the Supreme Court e-Committee for live-streaming and recording court proceedings propose a 10-minute delay in transmission and exclusion of communally sensitive cases and matters that involve sexual offences and gender violence against women. The right of access to justice, guaranteed under Article 21 of the Constitution, “encompasses the right to access live court proceedings”. The Supreme Court in Swapnil Tripathi v Supreme Court of India (2018) had ruled in favour of opening up the apex court through live streaming. Earlier, the Chief Justice of India (CJI) launched an…
08 June, 2021
Judicial reforms
The Supreme court must hold Circuit benches Introduction It is ironic that it has taken a pandemic to acknowledge the significance of fair and equal access to the Supreme Court through virtual hearings Increasing reach Even at the time the Constitution was being debated by the Constituent Assembly, geographical access to the Supreme Court was flagged as a concern. The B.R. Ambedkar-led Drafting Committee was nevertheless of the view that the Court must have a specified place of sitting and that litigants should “know where to go and whom to approach”. However, the framers of the Constitution agreed that the…
06 April, 2021
Judicial reforms
Master and the roster-Judicial Reforms Introduction This article talks about the misuse of the exclusive power of CJI as a Master of the Roster and the need for judicial reforms. Singular power (Against the Principles of Natural Justice) Singular Power: This is the singular power of the CJI as the Master of the Roster – i.e., the vesting of exclusive discretion in the Chief Justice to constitute benches and allocate cases. In fact, this power lay at the heart of the controversy surrounding the proceedings the Court has now closed. It enabled Justice Gogoi to institute suo motu proceedings despite…
02 March, 2021
Judicial reforms
Judicial Activism and Liberty In early November 2020, after the overnight listing of a defective petition, the Supreme Court of India granted bail to the television anchor, Arnab Goswami. In a section of the judgment, delivered later on November 27 and titled “Human Liberty and the role of courts”, the top court noted that “human liberty is a precious constitutional value”; that “the writ of liberty runs through the fabric of the Constitution”; that it was important for courts across the spectrum to ensure that “criminal law does not become a weapon for the selective harassment of citizens”; that the…
20 January, 2021
Judicial reforms
Judicial Reforms Justice Lokur discusses the Judiciary and the Judicial Reforms needed for the country. Judges should not be “hypersensitive” about criticism. It was high time judges sat down for introspection on what had gone wrong and what was to be done, he said. There should be a “robust, strong, uninhibited and informed criticism of the functioning of the judiciary”. #joinourtelegram# The Supreme Court has been at the centre of a furious public debate on various aspects, including a Chief Justice of India becoming a Rajya Sabha member after retirement and the trial and punishment of civil rights lawyer Prashant…
08 January, 2021
Judicial reforms
Gujarat High Court 1st to Live Stream Court Proceedings on Youtube The High Court allowed the open court proceedings through the video conferencing, except the proceedings to be conducted in camera. In camera means in private chambers of a judge, with the press and public excluded. It observed that the initiative of live telecast is on an experimental basis and the aspect of continuing with or adapting the modality of live court proceedings will be decided based on the outcome of this trial. The Supreme Court in Swapnil Tripathi v Supreme Court of India (2018) has ruled in favour of…
27 October, 2020
Judicial reforms
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