GS 2: PolityGS 2: Governance

Calling out the criticism of the Indian judiciary, Pg6

Article critiques blaming judiciary for India's slow development, highlighting legislative failures and government's litigation practices as key issues.

Practice MCQs

833 Students attempted
Attempt Now

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.
Previous
1/15Next
SuperKalam
SuperKalam is your personal mentor for UPSC preparation, guiding you at every step of the exam journey.

Download the App

Get it on Google PlayDownload on the App Store
Follow us

ⓒ Snapstack Technologies Private Limited