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The administration of justice involves more than just convicting the guilty and clearing the innocent; it also involves making sure that trials are fair and proceed quickly. of light of this, talk about the causes of the rise of undertrials ...
Roadmap for Answer Writing 1. Introduction: Set the Context (40-50 words) What are Tribunals? Begin by briefly explaining what tribunals are, their constitutional basis, and their purpose. Mention the constitutional amendments and their role in easing the burden on the judiciary.Example: “Tribunals ...
Model Answer Challenges Faced by Tribunals in India Tribunals were introduced in India through the 42nd Amendment of the Constitution under Articles 323A and 323B to reduce the burden on the judiciary and expedite the resolution of disputes. However, while tribunals aimed at easing judicial congestiRead more
Tribunals were introduced in India through the 42nd Amendment of the Constitution under Articles 323A and 323B to reduce the burden on the judiciary and expedite the resolution of disputes. However, while tribunals aimed at easing judicial congestion, they have encountered significant challenges over the years.
One of the major concerns surrounding tribunals in India is the appointment process of tribunal members. The central government appoints the Chairperson and other members, which leads to a perceived breach of the separation of powers. Judicial independence is compromised when the executive is involved in judicial appointments, especially in cases where the executive itself is a party to the dispute (Source: Constitutional Law of India by H.M. Seervai).
Despite being established to address case backlog, tribunals themselves are burdened with a high pendency of cases. For instance, as of December 2022, over 80,000 cases were pending before various benches of the Central Administrative Tribunal (Source: Annual Report of the Central Administrative Tribunal, 2022). This backlog is a result of systemic inefficiencies, absenteeism, and overwork of tribunal members.
Vacancies in tribunals are another significant problem. As of March 2021, the Armed Forces Tribunal had 23 vacant posts out of a sanctioned strength of 34 members, rendering several benches dysfunctional (Source: Ministry of Defence Annual Report). This hampers the tribunals’ ability to function effectively and delay justice.
The frequent appointment of retired judges and bureaucrats to tribunal positions has raised concerns about the loss of judicial independence. These appointments, often influenced by political considerations, may compromise the objectivity of decision-making (Source: Indian Journal of Public Administration).
The lack of uniformity in the functioning of various tribunals—especially concerning service conditions, tenure, and reappointment processes—adds to the complexity of their administration. Tribunals operating under different ministries face challenges due to inconsistent governance standards (Source: Report of the Law Commission of India).
To address these challenges, it is essential to ensure tribunals’ autonomy, impartial appointments, and uniformity across different bodies. Additionally, a National Tribunals Commission could provide a regulatory framework to enhance the effectiveness and independence of tribunals in India.
See lessAppointing people after retirement guarantees that judicial decision-making is not influenced by unfavorable incentives when it comes to institutional design. Remark.
Judges are appointed to various quasi-judicial bodies and government positions post-retirement such as NHRC, NGT, Rajya Sabha MP, Governor etc. These are not barred in the constitution. A report by Vidhi Centre for Legal Policy pointed out that as many as 70 out of 100 judges retired from the SupremRead more
Judges are appointed to various quasi-judicial bodies and government positions post-retirement such as NHRC, NGT, Rajya Sabha MP, Governor etc. These are not barred in the constitution. A report by Vidhi Centre for Legal Policy pointed out that as many as 70 out of 100 judges retired from the Supreme Court have taken up assignments in the many tribunals and commissions. However, these appointments raise questions on integrity of the judges as many perceive that such appointments act as an incentive for the judges to decide cases in favour of the state. This undermines judicial independence, erodes public trust, and violates basic tenets of the constitution such as separation of power. Therefore, there is a need to adopt a right institutional design to prevent perverse incentives in judicial decision-making. Since the presence of judges can bring valuable experience and legal knowledge to various institutions, some measures can be taken to preserve judicial impartiality and independence:
Independence of judiciary forms a part of the basic structure of the Indian Constitution. Further, being the guardian of the Constitution, the judiciary needs to be insulated from pressures and inducements. Functioning of judiciary without any bias, favoritism or appeasement is a must for maintaining tenets of democracy in India.
See lessHow much and how should a judiciary be responsive to the public while yet taking into account the government’s constitutional structure?
The judiciary should be an independent and accountable body. Most importantly, an independent judiciary will be accountable to the society it serves as a pillar of democracy to ensure justice is given impartially. Multiple ways are there to achieve accountability. Judicial review empowers the judiciRead more
The judiciary should be an independent and accountable body. Most importantly, an independent judiciary will be accountable to the society it serves as a pillar of democracy to ensure justice is given impartially.
Multiple ways are there to achieve accountability. Judicial review empowers the judiciary to inspect the acts of executive and legislative powers, thus keeping these powers in adherence to the constitution. Public interest litigation is yet another statutory power for the citizenry of the nation. Citizens may seek justice in cases involving collective grievances through this mechanism. Its operation further enhances accountability and transparency. An important boost from outside comes from examination of the media. This could also be mechanisms like impeachment which provide a constitutional way of removing judges who have violated the code of conduct.
This would be so only until the possiblity of accountability is well placed with judicial independence. Too visible or too much outside interference would erode that subjective independence of the judiciary. The calibration must hold the judiciary accountable without compromising its fearless delivery of justice.
See lessRoadmap for Answer Writing 1. Introduction Define judicial independence. Highlight its significance in a democratic framework. Mention the relevant constitutional article (Article 50) that ensures this independence. 2. Constitutional Provisions Supporting Judicial Independence Article 124: Establishes the Supreme Court and guides the appointment of judges on ...
Model Answer Introduction Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mRead more
Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mandates the separation of the judiciary from the executive, which protects human rights and upholds the rule of law, foundational elements of a democratic society.
Several articles in the Indian Constitution reinforce judicial independence:
Judicial independence is vital for several reasons:
Strengthening judicial independence is critical for nurturing democracy. It is through collaborative efforts and active participation from all stakeholders that a just, equitable, and resilient society can be built.
See lessRoadmap for Answer Writing 1. Introduction Briefly introduce the NJAC Act, its purpose, and the context of judicial appointments in India. Mention the significance of the Supreme Court’s judgment. 2. Background of NJAC Act Explain the formation of the NJAC and its intended reforms to ...
Model Answer Introduction The National Judicial Appointments Commission (NJAC) Act, 2014, aimed to reform the appointment process of judges in the higher judiciary of India. However, it was declared unconstitutional by the Supreme Court in the landmark case of Supreme Court Advocates-on-Record AssocRead more
The National Judicial Appointments Commission (NJAC) Act, 2014, aimed to reform the appointment process of judges in the higher judiciary of India. However, it was declared unconstitutional by the Supreme Court in the landmark case of Supreme Court Advocates-on-Record Association v. Union of India (2015).
In October 2015, the Supreme Court, in a 4:1 majority verdict, struck down the NJAC Act and the 99th Constitutional Amendment, emphasizing the need to protect judicial independence.
While the Supreme Court’s concerns about judicial independence are legitimate, critics argue that the NJAC Act represented a potential opportunity for reform that could have preserved judicial integrity while enhancing accountability. The reinstatement of the collegium system, criticized for its lack of transparency, left significant questions about future judicial appointments unresolved.
See lessRoadmap for Answer Writing Introduction Define judicial activism and its significance in the Indian context. Introduce the ‘basic structure’ doctrine established in the Kesavananda Bharati vs. State of Kerala case (1973). State the thesis: Judicial activism has been instrumental in reinforcing democratic principles in ...
Model Answer Introduction The Indian judiciary has played a crucial role in shaping the democratic framework of the country through its power of judicial review. Judicial activism, particularly the introduction of the 'basic structure' doctrine in the landmark Kesavananda Bharati vs. State of KeralaRead more
The Indian judiciary has played a crucial role in shaping the democratic framework of the country through its power of judicial review. Judicial activism, particularly the introduction of the ‘basic structure’ doctrine in the landmark Kesavananda Bharati vs. State of Kerala case (1973), has been essential in safeguarding democratic ideals.
Judicial activism has significantly enhanced the protection of fundamental rights. For instance, Article 21, which guarantees the right to life and personal liberty, has been expansively interpreted. In Maneka Gandhi vs. Union of India (1978), the Supreme Court ruled that this right includes the right to live with dignity. Furthermore, in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017), the Court recognized the right to privacy as a fundamental right under Article 21, demonstrating the judiciary’s proactive stance in evolving human rights jurisprudence.
Public Interest Litigation has emerged as a vital tool for judicial activism in India. The Supreme Court’s decision in S.P. Gupta vs. Union of India (1981) relaxed the traditional rule of locus standi, allowing any citizen to seek legal remedies in matters of public interest. This democratization of access to justice empowers marginalized voices and promotes accountability.
The judiciary has also actively protected the environment, linking it to the right to life under Article 21. In M.C. Mehta vs. Union of India (1986), judicial interventions led to the closure of polluting industries in Delhi, exemplifying the judiciary’s commitment to environmental justice.
Judicial activism has been crucial in upholding secularism, as seen in S.R. Bommai vs. Union of India (1994), and promoting social justice, exemplified by the Vishaka vs. State of Rajasthan (1997) case, which established guidelines against workplace sexual harassment.
Overall, judicial activism has played a significant role in the evolution of Indian democracy by enforcing rights and ensuring accountability. While debates on the balance between judicial activism and restraint continue, the judiciary’s proactive role remains vital in protecting the democratic fabric of the nation.
See lessRoadmap for Answer Writing To effectively answer the question “What are the key issues related to judicial accountability in India, and what measures can be taken to address them?”, follow a structured approach that includes an introduction, analysis of key issues, ...
Model Answers Key Issues Related to Judicial Accountability in India Appointment of Judges The current collegium system, where judges select other judges, concentrates power in the hands of a few. This lack of transparency raises concerns about the judiciary becoming a self-perpetuating body, potentRead more
By implementing these measures, the judiciary can maintain its independence while improving its accountability.
See lessRoadmap for Answer Writing Introduction Briefly introduce the Gram Nyayalayas Act, 2008. State its purpose of enhancing access to justice at the grassroots level. Key Features of the Gram Nyayalayas Act, 2008 Establishment of Courts: Explain how Gram Nyayalayas are set up for every intermediate ...
Model Answers Key Features of the Gram Nyayalayas Act, 2008 The Gram Nyayalayas Act, 2008 was established to create grassroots-level courts aimed at improving access to justice in rural areas. Key features include: Establishment: Gram Nyayalayas are to be set up for every intermediate-level PanchayaRead more
The Gram Nyayalayas Act, 2008 was established to create grassroots-level courts aimed at improving access to justice in rural areas. Key features include:
The Gram Nyayalayas Act, 2008 plays a crucial role in enhancing access to justice for marginalized groups, promoting equality in legal representation, and ensuring that justice is both affordable and expedient for rural citizens.
See lessRoadmap for Answer Writing 1. Introduction (100-120 words) Define judicial pendency: Briefly explain judicial pendency as the backlog of unresolved cases in courts. Importance of timely resolution: Highlight why the timely resolution of court cases is vital for upholding the rule of law ...
Model Answers Introduction The timely resolution of court cases is fundamental to ensuring access to justice and upholding the rule of law. However, judicial pendency, or the backlog of pending cases, has become a significant challenge in India. As of recent reports, over 4.70 crore cases remain penRead more
The timely resolution of court cases is fundamental to ensuring access to justice and upholding the rule of law. However, judicial pendency, or the backlog of pending cases, has become a significant challenge in India. As of recent reports, over 4.70 crore cases remain pending across various courts. This delay undermines public trust in the judiciary and hampers the delivery of justice.
Addressing judicial pendency requires continued reforms in infrastructure, judicial staffing, and technological integration to improve access to justice and the efficiency of the judicial system.
Sources:
Undertrial prisoners are those people who are facing trial in any court and during such trials are kept in judicial custody in prison. As per National Crime Records Bureau (NCRB) report, undertrials in prisons increased to 69 % in 2019 from 67 % in 2016. The high proportion of undertrials is indicatRead more
Undertrial prisoners are those people who are facing trial in any court and during such trials are kept in judicial custody in prison. As per National Crime Records Bureau (NCRB) report, undertrials in prisons increased to 69 % in 2019 from 67 % in 2016. The high proportion of undertrials is indicative of the violation of the right to personal liberty under Article 21 with the process of justice delivery itself becoming a punishment.
Factors behind increasing number of Undertrials
Measures taken to ameliorate issues faced by undertrials:
To secure the rights of undertrials, recommendations of India’s Law Commissions need to be followed including separation of law and order and investigation wings of the police department; reducing prison overcrowding by liberalization of bail conditions. Furthermore, recommendations of the Malimath committee need to be given special consideration.
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