Is it correct to criticise judges only for the delay and pendency in Constitutional Courts?

The judiciary is being criticized much in the recent past and nobody is concentrating on the explanation being offered on behalf of the judiciary for the delays and the pendency of cases before Constitutional Courts and especially before High Courts.  Indian Judiciary has an excellent track record and in my opinion, the critics of Higher Judiciary are bothered at the reputation of the Indian Judiciary and maintaining the track-record.  If the judiciary and especially Higher Judiciary fails to function as it should be and as functioned in the past, the entire society collapses and the other organs goes unchecked. I hope that the Indian Judiciary maintains its track record and continue to hold great respect in the minds of the people of this country. A legal professional feel very happy and proud when the ordinary people respects the judiciary.

In my opinion, being a judge of High Court is a great responsibility and not a privilege as many would see. There will be tremendous pressure to dispose of the cases speedily and the legal professionals would be judging the performance and judge will be under focus always. A Senior Advocate or a legal professional can enjoy so much freedom and even monitory terms; he would be leading a comfortable life. But, if the same Senior Advocate or the legal professional is appointed as a judge of High Court, then, he may not have the same freedom and in the contrary, there will be tremendous work pressure and focus.  Barring the few judges against whom allegations are being made, I don’t see the post of a Judge of High Court as a privilege, but, I will see it as a responsibility. I don’t think that many leading lawyers would agree to be a judge and they are comfortable with their independent practice with so much freedom.  If the appointment to the post of judge of High Court is really fair and all standards are maintained, then, the judge of a High Court would be doing a great service to the society and the public at large.

While many are mooting for some judicial reforms, in my opinion, there is a genuine difficulty for the Higher Judiciary in speedily disposing of the matters. It is known that no legal professional or a Senior Advocate say that they know every legal aspect and an expert in law. Learning should be a continuous process in the legal profession and that’s what the respected Senior Advocates say. In such circumstances, the Courts are to be assisted properly by the legal professional. Barring very few matters which can be disposed of immediately and easily, it is not easy to dispose of matters quickly without following some procedure. For example, in a Writ Petition, there can be a challenge to legislation on the ground that the legislation or a particular provision in the legislation is opposed to constitutional provisions. In such case, it is not easy for the Judge to dispose of the matter unless the Court is assisted well by the counsel concerned.  The legal professional may have to say about the stage of the matter, the facts of the case in brief, the legal provisions and the law as laid-down by the Supreme Court on the point. But, what happens in many cases is that the counsel concerned may come to court and may start explaining the facts without assisting the courts in the proper manner. Though, the Bench, at times, advices the legal professionals of the Bar, it may not like to come so heavily on the Bar. The same logic of proper assistance applies even to Appeal Cases where the Judge has to be assisted by a competent lawyer. If the Court is not assisted properly and in view of the pressure on the Courts to dispose of the matters, the Court may dispose of the matter based on the facts as it understood and the submissions and in the course, they may be passing a judgment giving ample scope to further appeal to the Bench or to the Supreme Court.  Thus, a proper assistance to the Court may reduce the appeals and helps the Court to dispose of the matters so quickly.

But, what can the Bench do to improve the standards of the professionals? I don’t think that the Bench can do much in this regard barring advising the Government or the Universities to concentrate on imparting quality education. The High Court or the Courts are not running the law colleges in this country and the Government and the Bar Council should concentrate on this. In my personal opinion, it is not easy for the Court to deal with a matter unless Court is assisted properly. Lack of proper assistance leads to many difficulties like passing an order giving room to appeal and stay therefor. If there is a judgment which is opposed to the law of the land, the parties concerned or the people may criticize the Courts, but, they often forget the fact that the Courts will dispose of the matters based on the pleadings and the submissions.  There may be a case where the Judge may be thorough on a particular issue, but, it may not be possible on all issues and a judge is not expected to do a research of his own on each and every matter as it is not possible.

The delay in dispensation of justice is a larger issue and all the concerned organizations/parties should concentrate addressing various issues with a proper plan.