Emerging Challenges before the Judiciary

          EMERGING CHALLENGES IN JUDICIARY      

    (Transparency, Accountability  and Reforms) 

Judiciary in India is one of the important limbs of the government and today it has come to enjoy enormous powers. Transparency in judicial functioning and accountability for judicial actions and inactions inspire public faith and confidence in the institution. It purported exercise of powers not only to solve the disputes but also to enforce fundamental rights, directs the government to close down industries, demolish jhuggis, remove hawkers from the streets, prohibits strike etc. In short, it has come to be the most powerful institution of the state. 

    Every other institution of the State is accountable to the anti-corruption agencies and to the judiciary. How ever when it comes to the judiciary, we find that it is neither democratically accountable to the people nor to any other institution. India currently faces a moral detraction. In order to preserve the independence of the judiciary, we definatly need a much more transparent and credible system. A powerful judiciary without accountability and transparency is not only an anathema to our constitution but also a recipe for disaster for our democracy.    

   There is obviously some corruption in the judiciary and we need to put it down with a heavy hand. Maintaining the corruption in the judiciary has grown in last some years, how many judges has been prosecuted and jailed. Merely asking them to resign is not the solution. Corrupt judge must be given extreme punishment. It is absolutely vital that judges of the superior judiciary be accountable for their performance and their conduct whether it is for corruption or for disregard of constitutional values and the rights of the person. 

   Presently in India there is one Supreme  court and 21 high courts for more than 100 crores of citizen. Today, there is litigation boom which has over burdened judicial system and it has become the main reason of delay of process. If the delay in disposal of the cases are not checked, it will certainly bring down the name of judiciary and will decrease the faith and confidence of the people in the system. Establishment of more and more courts is necessary from bottom to top. Mostly in the lower courts the work environment is not congenial and healthy, no supply of water and electricity. The proper allocation of fund is not made by government. For disposal of the arrears of cases, court should work into two shifts in the same building by availing the services of the retired judicial officers who are physically and mentally fit. 

   To make the judiciary transparent ‘law commission’ has presented its 230th report deal with reforms in judiciary. Judicial reforms basically are to bring changes in administration of justice. Transparency and reforms could be achieved by introducing new techniques and tools like judicial education and training, computerization, lok adalat, increasing the number of judges and legal service to the poor, needy and ignorant.

    It should be always remembered that people turn to the judiciary for getting justice. So far no one has challenged our judicial system which is based on sound principles but there is a need to increase the judge population ratio and if our judicial officers are given to deal with lesser number of cases then certainly the quality of adjudication would not be in any manner lesser than other advanced countries. 

   The time has come when judiciary must find out its own device or method to wipe out the black ships in the judiciary. There is no magic band in the hands of the judiciary to change all the ills of the system overnight but we hope that we will gradually be able to reclaim the judiciary and restore it as a independent but accountable institution .