Indian Judiciary

When I was in school, one of my teachers said, “What we learn from history is that we do not learn anything from it.” I find this statement profoundly accurate today, especially when it comes to designing systems and protocols. Had we learned from our past, we wouldn’t be grappling with such a dysfunctional system; instead, we could have created a much more effective and efficient framework.

The Indian judiciary, the third pillar of democracy, is entrusted with the vital role of acting independently, fairly, and on the basis of facts. Historically, it has achieved remarkable milestones in protecting fundamental rights, human rights, and environmental issues, as well as handling numerous other national and international matters. Many principles and concepts articulated by the Indian judiciary have even been cited globally, attesting to its influence and significance.

However, despite its commendable efforts, the judiciary faces several challenges, most notably, issues related to physical infrastructure and resources. The shortage of staff at both administrative and judicial levels worsens the situation, leading to delays and inefficiencies.

As the world embraces technological advancements, transforming global connectivity and efficiency, the Indian judiciary continues to rely heavily on physical presence, expecting citizens to travel long distances to access justice. Modern problems demand modern solutions; the adoption of technology is essential to bridge this gap.

It is high time we implement the changes we have long advocated, that justice must reach the doorstep of every citizen in India. In this context, I propose a series of focus points that are crucial yet have not received adequate attention:

1. LANGUAGE ACCESSIBILITY

India is a linguistically diverse country. Court procedures and documents should be available in multiple languages recognized by the Eighth Schedule of the Indian Constitution and beyond. Courts should operate in a multilingual manner, incorporating sign language and Braille, ensuring that no one is excluded from understanding processes and procedures.

2. DIGITALIZATION

Building a robust digital infrastructure is imperative. Court operations such as case filing, document exchange, pleadings, and virtual hearings should be fully digitized. This would reduce reliance on physical presence, making justice more accessible and expedient for all.

3. UPGRADATION OF SYSTEMS AND PROCESSES

Reforms should extend to revenue offices, SDM offices, municipalities, and police stations, key institutions handling land records, civic registration, law enforcement, and more. These institutions must operate efficiently through digital systems that support multiple languages. Modernized, digital processes would streamline paperwork and reduce disputes, ensuring that cases are expedited and accessible.

4. TRANSPARENCY IN COURT PROCESSES

Enhancing transparency is vital. Maintaining a detailed digital flowchart at the court’s website for each case that indicates all stages of a case such as orders passed, adjournments, or rescheduled dates would give litigants a clearer understanding of their case’s progress and reasons for any delays.

5. COURT TRANSCRIPTIONS AND RECORD ACCESSIBILITY

Providing court transcriptions in both typed and video formats would help petitioners and respondents better understand ongoing proceedings, ensuring greater clarity and accountability.

It’s important to emphasize that longstanding issues like staff shortages and insufficient infrastructure must also be addressed with equal urgency.

The key to resolving these problems isn’t to make the system the centre of attention but to refocus it on the people it serves, the citizens of India. When the judiciary’s primary focus aligns with the needs of the common man, effective solutions will follow.

While there has been criticism regarding the appointment process of judges at the Hon’ble High Court and the Hon’ble Supreme Court of India levels, I believe that only experts can accurately assess the competence of potential judges. A panel-based recommendation system, which involves experienced judges, appears more rational than nominations driven by political or legislative bodies.

Additionally, the recent the Hon’ble Supreme Court of India judgment recommending that young professionals gain practical experience by practicing before judicial appointments is a promising step. This hands-on exposure helps future judges understand the nuances and intricacies of the legal field far better than purely academic preparation.

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Advocate on RecordIndian judiciaryPulkit PrakashreformSupreme Court of India