Only Takeaways: Please write down these notes and make wise use of these important points in GS Papers.
- The Vice President of India, has said that the language used in the courts should be understood by the petitioners who are seeking justice.
Independence of Judiciary:
- Our Constitution envisages independence of judiciary from the executive, the Legislature and Judiciary should share healthy mutual respect and should complement each other.
- The Judges and members of the Bar Association of the crucial historical milestones witnessed by the Allahabad High Court, like the trial of the Chauri Chaura case, the Meerut Conspiracy case and the INA Trials.
- The Vice President proclaimed that Judiciary is a key pillar of our democratic polity and suggested that judiciary should strengthen democracy by ensuring speedy justice, even handed justice and justice that is perceived to be entirely fair.
- Judiciary is a key pillar of our democratic polity. It is meant to be the dispassionate monitor of Constitutional values. It is expected to safeguard the letter and spirit of the Constitution.
- The Article 348 (2) of the Constitution provides for usage of official language of the State in the Court. If you so decide, you must consider digitization in the Official language of the State for the benefit of litigants.
Problems and Suggestions:
- There was a huge volume of cases pending in Indian courts. He recommended that Courts must make use of innovative tools such as Lok Adalats, Gram Nyayalays and Fast Track Courts for speedy justice disbursal.
- Delay in judicial proceedings affects the image of the country. We can further improve on our position in the Ease of Doing Business ranking if we can avoid delays in judicial litigations. Apparently, large amount of money is locked up in long pending tax-related litigations. 95000 tax related cases involving more than Rs 3 lakh crores are pending before High Courts for last 3 years.
- The Vice President advised that the endless possibilities of Information Technology should also be fully exploited to make procedures more transparent and less cumbersome.
- The importance of the use of local languages in the procedures of Courts in India for their easy comprehension by the common people.
- The Government of India has taken a number of steps for improved justice delivery. The National Judicial Data Grid is a case in point. World Bank praised the National Judicial Data Grid in the Ease of Doing Business Report for 2018, that it made possible to generate case management reports, thereby making it easier to “Enforce Commercial Contracts”.
- The Vice President expressed his deep concern at the existence of a large number of unfilled vacancies in the judicial system and expressed hope that the efforts being made by the government to bridge the gap in human resources would bear fruits soon. He acknowledged the dedication of the Judges of the Allahabad High Court who agreed to dispose urgent criminal cases during the vacations.
- Applauding the functioning of the National Judicial Data Grid which found place in Ease of Doing Business Report for 2018 for facilitating the enforcement of commercial contracts, the Vice President said that we should avoid delays in judicial litigations and create a robust regulatory architecture to inspire more confidence among investors.
- The Vice President spoke about the rise in the number of cyber-crimes which have opened up an all together new dimension in jurisprudence.
- Cyber-crimes and their ramifications transcend defined jurisdictions and expressed hope that the courts would equip themselves to deal with them.
- The need to implement Anti Defection law, with sincerity and also fast track disposal of election petitions.
- The need to be cautious about invoking provisions in law that have a bearing on the stature of constitutional and judicial authorities like impeachment proceedings.
- The courts to stand by the truth at all times so that each citizen will feel confident that truth alone would triumph in this country.
- A robust regulatory architecture gives confidence to investors. Time bound approval of applications and disposal of appeals is absolutely essential.
Indian Society and Legislature:
- The Indian society is changing at a fast pace. As the previously marginalized groups like women, dalits exercise their constitutional rights, they are actively seeking social justice.
- The Legislature has been sensitive to the need to protect the rights of these groups and has provided for resolute action and time-bound disposal of such cases. This legislative intent has to be carried out in practice.
India’s economy is on a growth path. We are currently among the fastest growing economies in the world. The whole world is now looking towards India as an investment destination. However, we need to ensure that there is a transparent, predictable policy regime and a sound judicial, regulatory system in place.