Calling out the criticism of the Indian judiciary, Pg6

Key Highlights:

• Sanjeev Sanyal, a member of the Prime Minister’s Economic Advisory Council, has criticized the Indian judiciary as the "single biggest hurdle" to India becoming Viksit Bharat.
• The article argues that such criticism is a misinformed caricature that overlooks the judiciary's role in India's democracy.
• The author contends that the courts are overstretched and under-resourced, mirroring failures in other wings of government.
• The piece highlights that poorly drafted laws and the government's own litigation practices contribute significantly to judicial delays.
• The author emphasizes that the government's criminal law reforms and the new Income-Tax Act may lead to further litigation.
• The article concludes that weakening the judiciary undermines the foundation of true development and that reforms should address structural failings beyond delays and vacations.

Detailed Insights:

• The criticism of the judiciary often serves as a scapegoat for societies seeking quick fixes, deflecting attention from administrative and legislative failures.
• Section 12A of the Commercial Courts Act, 2015, which mandates pre-suit mediation, is cited as an example of how parliamentary enactments, not judicial actions, can lead to ineffective procedures.
• The "99-to-1 problem" refers to the drafting of laws to guard against abuse by a small fraction of people, leading to complicated rules that affect the majority.
• The government's role as a major litigant, with practices such as filing routine appeals and ministries fighting over contractual matters, contributes significantly to judicial delays.
• Judges face heavy caseloads and continuing vacancies, requiring them to work long hours, including weekends, to prepare for hearings and draft judgments.
• The government's criminal law reforms primarily involve renaming existing legislation, while the new Income-Tax Act may introduce new complexities and litigation.
• The most acute pressures are felt in the district courts, where most Indians encounter the justice system, highlighting the need for comprehensive reforms.

Key Concepts Involved:

• Viksit Bharat: A vision for India's development and economic prosperity in the coming years.
• Section 12A of the Commercial Courts Act, 2015: Mandates pre-suit mediation in commercial disputes.
• Constitutional Democracy: A system of government with independent checks on executive power.