Of late, we have been witnessing an increasing consciousness about the importance of strengthening and improving judicial infrastructure in the country. The main purpose of that is obviously to have such a structure which comprising reasonably sufficient and spacious premises cum ambiance and sufficient strength of judicial officers as well so that justice delivery system improves both in speed as well as in accessibility. We also observe about various initiatives and plans about taking on effectively, the problem of pendency of cases even running into hundreds of thousands and of decades old but the data collected does not paint quite a satisfactory picture of a much breakthrough achieved ostensibly due to overwhelming arrival of new cases and other reasons. As an added measure to dispensing justice in a comparative short period, the need is felt for having more courts than there are at present in the country. In other words, a comprehensive plan to improve judicial infrastructure in a holistic manner must be evolved which still eludes the hopes of the litigants who are the ultimate gainers or sufferers of how and of which levels the overall judicial infrastructure is available at any given point of time. What about, to start with, the posts of the judicial officers that have or are in ordinary course falling vacant and what type of initiatives are being taken, was recently touched elaborately by the Chief Justice of India.
We learn that steps are being taken to fill up the vacancies in the judiciary and improve the judicial infrastructure in the country as revealed by the Chief Justice which while deserves to be hailed, at the same time, also needs to be done not as a onetime initiative but made an inalienable permanent component of an established judicial practice in collaboration with the executive. That should also take due note of existing ”added” judicial infrastructure across the country which was felt to be inadequate commensurate with the actual and existing need. We feel all such steps needed to be taken on priority which ultimately enabled the system to resolve all types of disputes within a structured and orderly but timely framework. We feel, beyond the known and conventional measures proposed to be taken to strengthen the judicial infrastructure, a serious thinking in order to chalk out a workable plan to quicken the legal proceedings must decidedly revolve around strengthening all aspects of judiciary chiefly the strength of judicial officers and additional courts but why not to moot the idea of keeping the courts open throughout the year ?
The aim of better and quick justice delivery system must include modernisation and more digitization of court proceedings and in this connection, how courts remained ”functional” in the country even during peak days of three waves of the dreaded pandemic of COVID virus by employing information technology techniques, are really commendable which did not hamper judicial work to a larger extent and at the same time, helped in preventing infections by discouraging physical presence of judicial staff and litigants in courts unless in exceptionally and extremely urgent instances. Introduction of Fast Track Courts which are essentially need of the hour to try very sensitive cases of offences like falling under drugs and narcotics, terrorism, corruption and scams and the like, too must be considered on priority. Setting up of more Gram Nyayalayas and Tribunals of various types as also providing them the requisite wherewithal / staff etc would considerably lighten the burden of cases on the courts so that they could concentrate more on disposal of old cases and reducing the pendency of such cases.
The Chief Justice also has touched other important points outside the ambit of strengthening the judicial infrastructure – that of how more was expected from the judicial officers in matters of projecting the “human face ” of judiciary by invoking one’s discretion which inter-alia meant ”sensitizing themselves” to different vulnerabilities of the parties – minors, women and persons with disabilities – and we may further add, leaving no stone unturned in making justice delivery mechanism affordable by a common man must receive due attention. Unless that happens, principles of equity, justice for all and protecting individual rights shall appear more as concepts and less as realities.
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