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.