03rd December 2024 (9 Topics)
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Indian justice system needs to be fair — not just fast
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Context
India's judiciary faces significant case pendency due to structural inefficiencies. Proposed solutions such as measuring judge performance by case disposal rates and recruiting retired officials to address delays have sparked concerns about balancing speed with fairness. Additionally, the absence of video conferencing facilities in district courts and challenges in undertrial legal aid highlight key barriers.
Speed vs Fairness in Judicial Disposal
- Balancing Speed and Fairness: Focusing on speeding up case disposal may undermine fairness if the quality of trials suffers. Rushed judgments could lead to increased appeals, thereby further clogging the system.
- Performance Metrics for Judges: Evaluating judges based on their case disposal rates may incentivize them to prioritize easier cases, potentially neglecting complex or sensitive cases, which would affect the fairness of the judicial process.
- Impact of Frequent Adjournments: Frequent adjournments, often necessary for gathering evidence or waiting for significant events, ensure a fair trial. Limiting adjournments could lead to hasty decisions, harming the justice system.
Structural Issues and Alternatives
- Involvement of Retired Officials: Appointing retired officials for administrative roles could lead to inefficiencies, as they may not be well-versed in judicial procedures, potentially complicating efforts to streamline case disposal.
- Structural Bottlenecks in the Judicial Process: Delays in case disposal are often due to bottlenecks at different stages, such as investigation, evidence gathering, and missing files. Identifying and addressing these critical delays could improve efficiency without compromising fairness.
- Challenges with Video Conferencing: While video conferencing can expedite proceedings, it risks undermining the rights of undertrials, as they may not receive adequate legal counsel or suffer from mistreatment in custody. Physical presence ensures better oversight of the accused’s condition.
Practice Question
Q. Critically examine the challenges posed by structural inefficiencies in India's judicial system, with regard to case pendency, fairness, and the proposed solutions to improve the system.
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