What is happening
- Event: Constitution Bench of the Supreme Court headed by CJI B.R. Gavai discussed judicial stagnation.
- Issue Highlighted: Weary feeling and stagnation among subordinate judicial officers due to prolonged litigation and career bottlenecks.
- Context of Reference: Whether judicial officers with 7 years’ legal experience can avail Bar quota for District Judge appointments.
- Data on Pendency:
- Total district court cases: 4.69 crore
- Criminal: 3.69 crore, Civil: 1.09 crore (National Judicial Data Grid)
Relevance:
- GS II (Polity & Governance): Judicial structure, career progression in judiciary, access to justice, Articles 32, 226.
- GS II (Law & Ethics): Judicial independence, efficiency, pendency, systemic reforms.
Key Observations by the Bench
- Justice M.M. Sundresh:
- Stagnation undermines the vitality of district judiciary, which is part of the basic structure of the Constitution.
- Example: Bright law clerks hesitant to join judicial service due to uncertain career progression.
- Weak base in district judiciary → multiplication of litigation.
- Lawyers can accomplish in 5 years what judges do in 1 year on the Bench, indicating overburden and inefficiency.
- CJI B.R. Gavai:
- Difficulty attracting talent due to perceived long stagnation before promotion.
- Many capable officers do not become principal district judges even after 15–16 years.
Underlying Issues
- Career Stagnation: Lack of timely promotion in subordinate judiciary reduces professional motivation.
- High Pendency: Over 4.69 crore pending cases strain the judiciary, particularly district courts, affecting public access to justice.
- Impact on Talent: Talented law graduates and clerks hesitant to join judicial service.
- Systemic Bottlenecks: Delay in appointments, promotions, and streamlined career progression.
Constitutional and Institutional Relevance
- District Judiciary: Vital for a healthy justice system; considered part of basic structure.
- Access to Justice: Weak base → delayed justice, undermining Article 21 (Right to Life & Liberty) and public trust in judiciary.
- Judicial Independence & Efficiency: Stagnation risks demoralizing officers, reducing effectiveness and independence.
Broader Implications
- Quality of Judicial Service: Stagnation impacts the professional standards and effectiveness of judges.
- Litigation Multiplication: Weak lower judiciary leads to case pile-up in higher courts, aggravating pendency.
- Policy Gap: Need for career planning, promotion reforms, and Bar quota clarity to maintain judicial motivation.
- Talent Retention: Ensuring attractive career trajectory crucial to draw best talent into public service.
