Modi: Our justice delivery system caught up in morass of archaic laws
Noting that judiciary should attain perfection as it grows more
powerful, Prime Minister Narendra Modi urged the need for judges to
evolve an in-built mechanism of self-correction to prevent rot from
within.
Speaking at the inaugural session of the Chief Justices and Chief
Ministers Conference in Delhi on Sunday, Mr. Modi said the common man’s
expectation from the judiciary is huge.
Even the slightest wound to judiciary in the form of corruption would endanger the image of the entire nation, Mr. Modi said.
Mr. Modi said judiciary, as an institution, enjoys so much credibility
that even a man punished thinks it is impossible that the judiciary
could go wrong.
He said the political classes are under scrutiny through multiple means
like the Election Commission, the Right to Information Act and now the
Lokpal even as the judiciary is not, owing to the public confidence and
credibility it enjoys.
However, this credibility is all the more the reason for judiciary to
take the initiative to independently devise an “inherent method” of
checks and transparency, he said.
“If the government commits a fault, we have you to correct us. So you cannot afford to be seen in the wrong,” Mr. Modi said.
Earlier, Chief Justice H.L. Dattu, in his speech, described the
relationship between the judiciary and executive as that of siblings who
hold each others’ hands and correct one another when needed. The CJI
said the judiciary is open to “suggestions, change and dialogue” to
evolve administration of justice.
As the CJI emphasised on government co-operation to improve court
infrastructure, the Prime Minister expressed his unhappiness with the
large number of tribunals in existence and the way they are eating into
financial resources.
“Is there a need for so many tribunals? I want all seniors in the
Supreme Court to contemplate if tribunals are actually helping in
improving functioning of judiciary as a lot of budget goes waste in
tribunals,” Mr. Modi pointed out.
The Prime Minister’s words came immediately after CJI Dattu, in his
speech, sought autonomy to judiciary to “re-appropriate finances
allocated to it” by the government.
The Chief Justice said that judges should be consulted for inputs before budgetary allocations are made to the judiciary.
The Prime Minister agreed with Chief Justice Dattu that judiciary cannot
solve pendency alone and a co-ordinated effort is required.
Mr. Modi said pendency has been a constant refrain in joint conferences
held in the past. He reminisced being a witness to threadbare
discussions held in the earlier conferences. He pointed out that no
solution has been arrived at so far. Instead, he drew attention to how
poorly drafted laws and a morass of unnecessary and archaic laws have
held up court proceedings, adding to pendency.
“Courts take years to interpret these poorly drafted laws. This is a
reason for pendency. Again, our justice delivery system is caught up in a
morass of unnecessary laws,” the Prime Minister said.
While Prime Minister Modi highlighted the need to sustain quality in the
judiciary, Chief Justice Dattu pointed out that the best minds are
hardly attracted to the judiciary. The CJI pointed out that the judge
population ratio has dipped to 1:61,865.
“The stark reality is that the salary of a judge is somewhat that of a
fresh graduate working in a law firm. I fear for the future,” the CJI
said.
Union Law Minister D.V. Sadananda Gowda agreed the judicial system is under strain.
The Hindu
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