The Chief Justice of India (CJI) recently announced during an online e-inspection software inauguration, that the Supreme Court’s judgments would now be translated into four languages – Hindi, Tamil, Gujarati, and Odia. This new initiative is being hailed as a significant step towards the ‘Indianisation of the Judiciary.’
The term ‘Indianisation of the Judiciary’ refers to the localization of the justice delivery system. The CJI emphasized that courts should be litigant-centric, with the simplification of justice delivery being a key concern.
India’s Age-Old Judicial System and Related Recommendations
India boasts of the oldest judiciary system in the world, dating back 5000 years. While this system has historically been effective, trustworthy, and democratic, modern judicial statements often draw heavily from western jurisprudence, sidelining India’s own ancient system of justice delivery.
The Malimath Committee (2000) suggested translating a Schedule to the Code into all regional languages to ensure the accused are aware of their rights. The All India Judicial Services (AIJS), first proposed by the 14th report of the Law Commission in 1958, recommended that India should have 50 judges per million population.
Initiatives for Improving the Judicial System
Several measures have been initiated to improve the judicial system in India. These include video conferencing for case hearings during the lockdown. In May 2020, an AI-based portal, called Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE), was launched to assist judges with legal research.
The National Mission for Justice Delivery and Legal Reforms aims at liquidating arrears and pendency in judicial administration. Additionally, Rs. 9291.79 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for the Development of Infrastructure Facilities. The government is also leveraging information and communication technology for enabling district and subordinate courts.
Challenges in the Indian Judicial System
Despite these improvements, the judicial system faces numerous challenges. These include a massive backlog of cases, incarceration of undertrial prisoners, delays in judicial recruitment, and allegations of favouritism in CJI appointments. Critics argue that the judiciary’s British origins do not address the needs of the Indian population adequately.
Possible Ways Forward
Immediate filling of vacancies and establishing timelines for the appointment of judges could improve the state of affairs. The AIJS could play a crucial role in developing a better judicial system.
India also needs an active investigation policy to prevent wrongful charging and punishing of innocent people. Innovative solutions like the recently launched multilingual initiative are significant steps as it ensures that citizens can access and understand judgments in their own language.
UPSC Civil Services Examination Questions
Some UPSC exam questions related to this topic include – ‘With reference to National Legal Services Authority, consider the following statements…’, ‘In India, Legal Services Authorities provide free legal services to which of the following type of citizens?’ and ‘With reference to the Indian judiciary, consider the following statements…’ These questions test the candidates’ understanding of the working and challenges of the Indian judiciary system.
