GS 2: PolityGS 2: Governance

Judicial reform shouldn't stop at SC, Pg14

Supreme Court gets four new judges amidst rising caseload; structural reforms urged for comprehensive judicial efficiency and reduced pendency.

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Key Highlights:

  • The Union Cabinet approved a Bill to increase the Supreme Court's strength from 34 to 38 judges.
  • As of May 7, the Supreme Court has over 93,000 pending cases, a 50% increase since 2019.
  • Pendency before the SC accounts for only about 0.14% of total case pendency across all courts.

Detailed Insights:

  • The increase in SC judges aims to ease the backlog of cases, but structural reforms are essential for long-term impact.
  • The Supreme Court mostly functions at or close to its sanctioned strength, disposing of roughly 90% of cases instituted each year.
  • The Court’s expanding jurisdiction and the volume of litigation generated by the state contribute to mounting pendency.
  • Justice B V Nagarathna emphasized the need for the government to "litigate with restraint and be a model litigant".
  • Courts must keep pace with the rising volume of disputes accompanying population growth and expanding economic activity.
  • Prolonged incarceration of undertrials due to delays undermines the right to access to justice.
  • India's judge-population ratio remains far below that of countries such as the US and China, where the figure is about 150 per million.
  • Increasing the number of SC judges must form part of a comprehensive plan to reduce pendency across the judicial system.

Key Concepts Involved:

  • Pendency: The state of cases that are filed in a court but not yet resolved.
  • Undertrials: Individuals who are currently in judicial custody awaiting completion of their trial.
  • Jurisdiction: The official power to make legal decisions and judgments.
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