SIX-FOLD PATH TO TRANSFORM OUR JUSTICE DELIVERY SYSTEM

The large pendency of cases in our courts (30 million) is a well-known symptom of failure of rule of law. Our investment on judiciary is abysmally low, at less than 0.2% of GDP, according to the First National Judicial Pay Commission. In contrast, Singapore (1.2% GDP), US (1.4%) and UK (4.3%) recognize the economic importance of efficient judiciary. Not surprisingly, we have only about 12 judges per million population, whereas the OECD countries have ten times that number! But the problem is more complex than mere budgetary allocation and number of judges. The quality of judges is less than satisfactory, and bright lawyers are not generally inclined to accept judicial appointments. Legal education itself is of indifferent quality in most universities, with law course often regarded as the easy means of prolonging college education. Procedures are archaic, and are easily prone to manipulation and endless delays. Even the hallowed judiciary is besmirched by the taint of corruption. Perjury is very common in our society, and even otherwise truthful and upright people do not regard lying under oath as morally reprehensible. Police functioning is often crude and unprofessional. Crime investigation is increasingly influenced by political pressures and corrupt motives. The litany of woes is endless.

What is the way out?

The good news is that there is increasing recognition among all sections that rule of law needs to be strengthened in order to build a strong economy and just society.  Politicians are worried about the public pressure and the declining legitimacy of the state. Judiciary is concerned about diminishing public confidence in our justice delivery system. Entrepreneurs realize that wealth creation cannot be pursued without peace, harmony, effective enforcement of contracts, and speedy and efficient dispute resolution. Middle classes and media are angry that might has become right, and the system is becoming dysfunctional. We need to channelize these concerns constructively and creatively to improve the climate of rule of law.

We do not have to go far to seek solutions. Several committees and experts have identified practical and effective measures to improve our justice delivery.

First, a system of low-cost, citizen friendly local courts needs to be created to try small cases - civil and criminal. They can adopt simple procedures similar to small claims procedures in UK, and guarantee time-bound justice and restore a culture of rule of law in the community.           

Second, procedural laws are due for significant revision to suit modern conditions, and to ensure speedy trial. Experts have identified many archaic provisions of civil and criminal procedures and evidence law.

Third, a career in judiciary must be made attractive and rewarding for bright young  

lawyers. The Constitution provides for creation of an all-India service similar to IAS and IPS for judiciary to attract the finest talent and reward it with sufficient stature and career prospects.

Fourth, a National Judicial Commission should be created to oversee both appointments and removals in higher judiciary. While the quality of higher judiciary is not guaranteed by current methods, impeachment process has clearly failed to enforce accountability.

            Fifth, police functioning needs to be completely modernized, and adequate resources, mobility and technology should be guaranteed.

Sixth, crime investigation should be separated from other police functions, and it must be made independent and accountable. Investigation and prosecution must work in close coordination.