REPEATED MISSES

Setting up of a National Judicial Commission by the Government.

Joginder Singh, IPS (Retd.)
Former Director, CBI

The government is contemplating, to constitute a National Judicial Commission. New legislation now being considered, will empower the council to look into inquiries against Supreme Court and High Court Judges on receipt of specific complaints. Functionally, the Commission will be expected to make recommendations for appointment of Judges of the Supreme Court, Chief Justices and Judges of the High Courts. It will continue to be a recommendatory body, as it will not be vested with any powers. However, there has been a unanimous opposition from all High Courts to the proposal.

Nevertheless, the Governments have been dodging the real problems of quick disposal of cases and huge back log of pendency, and how the same can be reduced. Consider the pendency, which is as under, as per the official figures:
Total cases pending in Supreme Court at the end of June 30, 2007 - 43,580.
Total cases pending in 21 High Courts at the end of March 31, 2007 - 36, 78,043.
(Civil cases-29, 98,226/ Criminal Cases-6,79,817).
Total cases pending in District and Subordinate Courts at the end of March 31, 2007 - 2, 49, 56,919.
(Civil Cases-72,10,174/ Criminal cases-1,77,46,745).

The Supreme Court in the case of S.P. Gupta v. Union of India has laid down that the basic structure of the Constitution cannot be altered. “The concept of independence of the judiciary is a noble concept which inspires the constitutional scheme and constitutes the foundation on which rests the edifice of our democratic polity.” A former attorney and a former Chief Justice of India, have observed that the criminal justice system in India is on the verge of collapse, owing to an inordinate delay in getting a judicial verdict. Many litigants take recourse to a parallel mafia dominated system of justice that has sprung up in metros, such as Mumbai.

The way our country has been run with wafer thin majorities, it is doubtful, if any action of the political executive can be considered, without an eye on vote banks. In the name of equality, social justice, and equity, every institution has been debunked and debased by the political class. The standards of rights and wrongs, have been given a new meaning by the politicians in our country. Mahatma Gandhi had said in May 1939; “I would go to the length of giving the whole Congress a decent burial, rather than put up with the corruption that is rampant.” This was his flare-up against rampant corruption in Congress ministries formed under 1935 Act in six states in the year 1937. If anything, things have gone from bad to worse.

Criminalisation of politics is another aspect of corruption. A Committee set up by the Government had observed as under “A network of mafias is virtually running a parallel Government pushing the state apparatus into irrelevance. There has been a rapid spread and growth of criminal gangs, armed senas, drug mafias, smuggling gangs and economic lobbies in the country, which have over the years developed an intensive network of contacts with bureaucrats, government functionaries at local level, politicians, media persons and strategically located individuals in non-state sector. Some of these syndicates have also international linkages including the foreign agencies.”

Manusmriti articulates its position about poor governance in these words; “That monarch, whose subjects are carried from his kingdom by ruffians, while they call aloud for protection, and he barely looks on them, with his ministers, is a dead, and not a living king.” Criminalisation has reached to the extent, where known criminals, embezzlers, dacoits have entered the portals of Legislatures. Some Members of Parliament (MPs) were caught on camera, accepting money, for asking questions in the Parliament and asking cuts in disbursements from Local Area Development Fund.
But instead of taking steps to reform the system, politicians are shedding crocodile tears. When pressed to take action, they have done so reluctantly. The real villain, in not providing the speedy justice, is the Government. Of the sanctioned strength of 14,719 posts in district and subordinate courts in the country, 2,768 vacancies exist.
Out of the 21 High Courts, with a sanctioned strength of 725 judges, there are 142 vacancies. How can anybody get justice, when there is no judge. As per the report of the Law Commission, there should be 50 judges per million population, whereas in our country it is less than ten. Instead of wasting its time and Parliament’s time, the Government, should focus on ensuring that there should be justice on demand and with no delay.

The following suggestions can help. Apart from increasing the number of Judges, it is imperative to fill the existing vacancies, without any further delay. Filling of vacancies, should be an ongoing process, instead of once in a blue moon exercise. Modern technology should be made available to the courts, along with the supporting staff. There is a need to develop, a no-adjournment culture by fixing the priorities and a time schedule. Petty cases like traffic offences, except for serious injuries or deaths, should be taken out of the normal channel of the courts, by developing an Alternative Redressal Route. 29.49 lakh cases — over 12% of the total — pertain to traffic challans and motor vehicle claims. There are 14.55 lakh cases pending about bounced cheques.

Other cases in the courts are, marriage maintenance, 2.42 lakhs, with the maximum 34,230 cases pending in West Bengal. Again, these cases can be fast-tracked. There are 51,816 cases of food adulteration, 43,863 cases of juvenile crime and as many as 27,180 state transport challans, again a compoundable offence.

These are the vital issues, on which the government should focus, rather than on for the formation of National Judicial Commission. It should first put its own house in order, rather than trying to control the Judiciary, through the guise of National Judicial Commission. This ill- conceived proposal has no takers in the country, except the politicians.