Addressing the Judicial Backlog and Judge Shortage in India: A Call for Systemic Reforms

India, as a developing nation, faces significant challenges in addressing the problem of a lack of judges, especially in the face of the growing backlog of cases in its courts. This article explores the reasons behind the shortage of judicial personnel and suggests systemic reforms to address the issue.

Resource Allocation and Developmental Priorities

India continues to prioritize developmental programs over the expansion of judicial infrastructure, making it challenging to provide adequate courts to address the backlog of cases. Developmental programs require significant resources, and while addressing the judicial system also demands resources, these are often allocated to other more pressing developmental needs. The government's focus on growth and development means that immediate judicial reforms are often sidelined in the short term.

Diminishing Competency Levels and Corruption

The declining competency levels and increasing corruption among judicial personnel mean that simply increasing the number of courts and judges is not an effective solution. Without qualified and competent judges, the judicial system remains ineffective. Corruption is a significant deterrent to the proper functioning of the courts, as judges might manipulate decisions for personal gain, or fail to deliver justice due to unethical practices. This not only undermines public trust but also wastes resources and delays justice.

Misunderstanding of Democracy and the Constitution

There is a widespread misunderstanding about the nature of democracy and the role of the judiciary in the Indian context. Many believe that having a Prime Minister (PM) or Chief Minister (CM) with a majority in the Lok Sabha or an assembly automatically equates to democracy. However, this is a form of monarchy, not democracy. True democracy requires the proper separation of powers, where the judiciary does not become a substitute for legislative and executive functions.

The President of India, who is the only elected executive, should form the government and control the role of the judiciary. Legislatures should hold the executive and judiciary accountable. Currently, the role of the judiciary is overburdened with a deluge of cases, as people often seek judicial intervention for issues that should be handled by other bodies. This over-reliance on the courts has resulted in a significant increase in the number of pending cases, perpetuating a cycle of inefficiency and frustration among the public.

Necessity of Qualified Judges

While there are qualified advocates, the role of a judge requires more than just legal expertise. Judges must possess qualities such as integrity, a sense of justice, and the ability to remain impartial. The current system of promotion, which combines merit and seniority, must be strengthened to ensure that only the most qualified individuals are promoted to the bench. Recent incidents, such as a judge stripping a driver for not yielding to his vehicle, highlight the lack of professional conduct among some judicial personnel.

Additionally, the rising number of cases often results in lower standards in courts. Trial courts sometimes pass judgments without adequately considering expert opinions in fields such as postmortem, fingerprints, handwriting, DNA, and cyber evidence. It is essential to ensure that the basis of judgments is sound and expert opinions are given due weightage. The Honorable High Court of Karnataka has provided a landmark judgment in revision petition 52/2016, emphasizing that lower courts should not attempt to fill the shoes of experts in all subjects, as this can impede the natural justice system.

Conclusion and Call for Action

The increasing number of cases and the growing judicial backlog in India highlight the urgent need for systemic reforms. Unless the judicial system undergoes significant changes, the public's faith in the legal and judicial system will erode further. It is essential to ensure that the judiciary is not overburdened with cases that could be resolved more efficiently through alternative dispute resolution mechanisms or other governmental bodies. Moreover, the judiciary should focus on providing timely and effective justice, which is the fundamental right of every citizen.

For India to move forward, it is crucial to address the issue of a judge shortage and the backlog in a holistic manner. This requires not only increased resource allocation but also a focus on the development of the judiciary and the public's understanding of the democratic process. Only then can the judicial system truly serve the people and uphold the principles of justice and equity.