SC links sense of ‘stagnation’ in lower judiciary to long litigation, Pg10

Key Highlights:

• The Supreme Court linked the sense of stagnation in the lower judiciary to prolonged litigation and pendency in Indian courts.
• There are 4.69 crore cases pending in district courts, including 3.69 crore criminal cases and 1.09 crore civil cases.
• Justice M.M. Sundresh emphasized that a vibrant district judiciary is part of the basic structure of the Constitution.
• Chief Justice Gavai noted that talented individuals are deterred from joining the judicial service due to the feeling of stagnation.

Detailed Insights:

• The court observed a growing sense of inertness among district judiciary members, especially younger individuals, due to limited career advancement opportunities.
• The lack of qualitative services from judicial officers due to systemic issues is seen as acting contrary to the Constitution.
• A weak district judiciary can lead to increased litigation, with many cases reaching the Supreme Court due to long pendency even on bail petitions.
• The court is considering whether judicial officers with seven years of legal experience can use the Bar quota for District Judge appointments.

Key Concepts Involved:

• Pendency: The state of cases being unresolved or awaiting judgment in the courts.
• Basic Structure of the Constitution: Fundamental principles that cannot be altered by amendments.
• Bar Quota: A reserved percentage of seats for practicing lawyers in judicial appointments.