Report by the Standing Committee on Judicial Processes and Reform Initiatives

The PSC proposed legislation requiring judges of the higher judiciary (Supreme Court and High Courts) to submit annual property returns. This measure aims to instill trust and credibility in the judicial system. Notably, the current absence of asset disclosures by Supreme Court judges on the official website raises transparency concerns.

Retirement Age for Judges:

The committee suggested evaluating judges' performance, considering factors such as health, judgment quality, and other criteria, before deciding on an increase in the retirement age. The Department of Justice, however, cautioned against linking performance assessment to retirement age due to potential favoritism and strain on limited resources.

Social Diversity:

Emphasizing the importance of diversity, the committee recommended focusing on enhancing representation for women, minorities, and other marginalized groups in the higher judiciary.

Vacations in the Supreme Court and High Courts:

Addressing concerns about court closures during vacations, the committee acknowledged the demand to eliminate vacations based on case backlog and litigant inconvenience.

Regional Benches:

The Committee highlighted the demand for establishing regional benches of the Supreme Court, emphasizing the fundamental right of access to justice, as outlined in Article 130 of the Constitution.

Annual Reports of High Courts:

The Committee equated publishing annual reports to evaluating institutional performance, drawing attention to the Supreme Court's current practice of releasing an annual report detailing the work done by all High Courts.

Challenges in the Indian Judiciary:

The 'State of the Judiciary' report as of October 2023 identified significant challenges:

1. Pendency of Cases: Over five crore cases are pending across higher and subordinate courts, with only 20,580 judges to handle them.

2. Access to Justice: Many individuals lack legal representation or awareness of their rights.

3. Infrastructure: Several courts lack basic facilities, with 19.7% of district courts lacking separate toilets for women.

4. Judicial Vacancies: Large numbers of vacancies contribute to case delays, with 347 vacant positions in high courts and 5,300 in district judiciary.

Issues in Appointment and Inclusivity:

Concerns were raised about the lack of transparency in judicial appointments and the low representation of women in the Supreme Court and high courts.

Measures and Recommendations:

To address challenges, the committee recommended measures such as planning judicial staffing based on the judge-to-population ratio, ensuring transparent judicial appointments, upgrading infrastructure, and adopting advanced technologies for efficient case management.

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Source PRS