Source: TH
Context:
A Constitution Bench of the Supreme Court recently linked stagnation in the subordinate judiciary to procedural inefficiencies and massive pendency, with 4.69 crore cases pending in district courts. The bench stressed that overburdened judges and archaic procedures reduce the effective delivery of justice.
Overview of Indian Lower Judiciary
Governance Structure:
- Constitutional Basis: Articles 233–237 assign recruitment, appointment, and administrative control jointly to High Courts and State Governments, maintaining federal balance.
- Three-Tier System:
- District & Sessions Courts: Highest trial courts in a district; handle serious civil and criminal cases.
- Senior Civil Judge / Chief Judicial Magistrate Courts: Mid-level adjudication of civil and criminal cases.
- Civil Judge (Junior Division) / Judicial Magistrate First Class: Handle lower-value civil suits and routine criminal cases.
- Administrative Control:
- High Courts supervise postings, promotions, discipline, and inspections.
- State Governments manage infrastructure, personnel support, and judicial service exams.
Recruitment Pathways:
- Lower Judicial Service: Fresh law graduates (0–7 years’ experience) start as Civil Judges.
- Higher Judicial Service: Advocates with 7+ years’ experience directly appointed as District Judges.
Initiatives to Improve Judiciary
- National Mission for Justice Delivery & Legal Reforms: Procedural reform, infrastructure upgrades, and accountability.
- Judicial Infrastructure Expansion: 22,372 court halls and 19,851 residential units funded with ₹12,101 crore.
- e-Courts Mission Mode Project (Phase III): IT upgrades in 18,735 courts, WAN connectivity, AI tools, and 1,814 e-Sewa Kendras.
- Fast Track & Special Courts: 865 FTCs and 725 FTSC/POCSO courts handling 3.34 lakh cases.
- Legislative Reforms: Amendments to NI Act, Commercial Courts Act, Arbitration Act, and Mediation Act streamline pre-trial procedures.
Problems in Subordinate Courts
- Structural & Procedural Overload: Clerical work consumes 2 hours/day, reducing trial and judgment time.
- Inexperienced Judicial Officers: Many recruits lack courtroom exposure, producing weak or incomplete orders.
- Archaic CPC & Procedural Bottlenecks: Multi-stage decrees, 106 rules under Order XXI, and mandatory pre-suit mediation delay justice.
- Infrastructure & HR Gaps: Persistent vacancies, shortage of stenographers, outdated records, and unstable connectivity.
- Legislative Ambiguities: Confusing Rent Act provisions and mandatory cooling-off periods in mutual divorce petitions.
- Execution Delays: 70% of civil decrees take 3–7 years to be realized.
