If only judges of the Supreme Court look into the quality of judgments delivered in our trial courts and appellate courts, they would notice that there is something terribly wrong. Merely appointing judges (“CJI attacks government for stalling judicial appointments”, April 25) without taking into account their competence and integrity is no solution. A suggestion to appoint retired judges to fill up vacant posts is strange. Most judges continue to occupy some post or other in tribunals and other judicial and quasi-judicial establishments, apart from being appointed as arbitrators.
K. Ranganathan,Secunderabad
As a medical professional, I have always felt that the judiciary too has special responsibilities that go beyond the call of duty. I keep telling my staff and students that there is no such thing as ‘no time’ or ‘a lack of time’. It’s all about time management to the extent possible. There should be no discrimination in taking up cases and access to legal help must cross social and economic barriers. If the backlog in cases is to be brought down, the judiciary must reduce the number of holidays. If most hospitals work round the clock and are unaffected by holidays, why can’t judiciary work the same way? Work time can be increased — a 9 a.m. to 6 p.m. schedule is ideal. There can even be two shifts. There should be a ceiling on the number of adjournments resorted to by the plaintiff and the judiciary. Retired judges can be asked to help volunteer their services. Compassion and empathy are a part and parcel of medicine and it should be the same in the judiciary. With commitment and motivation, there is nothing that cannot be done.
Dr. V. Shanta,Chennai
What is lacking is self-introspection by the judiciary. There has been steadfast resistance to change. I am sure that if there is an honest review of the cases in backlog, facts such as several of the respondents having passed away or that many can be disposed of might emerge. I would also raise the issue of the number of days a court works. In addition to the regular days off on weekends, festival days and national holidays, there are stretches of holidays. Yes, judges do need time off, but isn’t it shocking that courts productively work only for half the year? I would also suggest that in India, courts have to embrace change and adopt technology to lessen the burden.
Anand Vardhan,Milpitas, CA, U.S.
The backlog of 38.68 lakh cases is certainly not the making of the Narendra Modi government. Most of us are aware that the huge backlog of cases is because of lethargy, indecisiveness and using loopholes to effect unreasonable adjournments and appeals. Chief Justice Thakur may have made a powerful point but he should also initiate steps to rework our archaic laws and come up with concrete proposals to rejuvenate the judiciary.
S.S. Dharmarajan,Coimbatore
I felt deeply for Chief Justice Thakur, but if his lordship is really serious about the backlog, why he does not abolish the colonial practice of two months’ paid summer vacation to judges? Today when Secretaries of the Government of India are expected to punch in their biometric details at 9 a.m., judges still come by 10 a.m. and adjourn proceedings by 4 p.m. Without sincerity, there can be no action.
Vandana Srivastava,New Delhi
Chief Justice T.S. Thakur’s impassioned plea reminded me of an anecdote about two brothers who fought over a piece of land. By the time the judgment was pronounced after 15 years, the land belonged to neither of them. It went to the advocates who fought their case! The statistics of pending cases as against growing litigation is alarming. It is not uncommon for cases to be prolonged for even a decade or longer. There have been cases where the litigant has passed away without even knowing the fate of his case. The less said about the plight of poor litigants and undertrial prisoners the better.
A. Jainulabdeen,Chennai
I share the tears of Chief Justice Thakur. Our judicial system stands on four wheels — the bench, the bar, the government and the litigants. It is the first three that must be blamed for all the ills affecting the system. The Supreme Court and High Courts should reduce the summer vacation to a bare minimum of two weeks.
B.M. Baliga,Bengaluru
There has been an inordinate delay in finding a workable solution to the issue of a collegium/NJAC. The government, the legal fraternity and the public have clearly understood the shortcomings in the existing system and the need for a qualitatively superior system for appointments to the higher judiciary. Transparency and a foolproof selection process are the crux of the issue. How to put this noble concept into practice without undermining the supremacy of the judiciary and the sovereignty of the legislature is the challenge.
R.K. Jacob,Palayamkottai, Tamil Nadu
The Chief Justice of India’s efforts in enabling legal aid to the poor for free and those in incarceration are well-documented. So, when the torchbearer of the judiciary breaks down and raises such a plea it is time to take stock of the situation. However, the use of words like “slams Government”, “scathing attack”, “unprecedented criticism”, “Modi takes on CJI”, which have been used in media reports seem to be at odds with his actual speech, which was just an impassioned plea to the government.
Vineet N. Shetty,Udupi, Karnataka
How can a litigant have faith when he knows that it is going to take years before his case is disposed of? A large number of civil cases are related to property and land disputes which are exacerbated by the slow judicial process. Efficient delivery of justice is the foremost responsibility of the state and it should not be reluctant to invest in it.
Pradeep Kothari,Churu, Rajasthan
