Challenges galore before judiciary in 2020

By Satya Prakash

Last couple of years has been quite turbulent for the Indian judiciary. The January 12 press conference by four senior-most judges against the then Chief Justice of India (CJI), Dipak Misra, face-off with the government over the appointment of Justice KM Joseph and alleged involvement of an Allahabad HC judge in medical college admission scam showed the institution in bad light during 2018.

The year gone by proved to be even worse. For the first time in the history of Indian judiciary, allegations of sexual harassment were levelled against the CJI and the manner in which the issue was handled by the then CJI, at least in the beginning, left much to be desired. He was given a clean chit and matter stands closed, but it dented the image of the Indian judiciary.

Will it be able to restore its image in 2020? One would hope that the answer is in the affirmative as much is at stake for the Indian democracy at this juncture.

Notwithstanding the negative developments during 2018-19, it managed to do much on judicial front by delivering historic verdicts that would possibly change the course of history. In 2018, the SC de-criminalised homosexuality and adultery, allowed entry of women of all age groups into Sabarimala Temple, upheld Aadhaar validity and legalised passive euthanasia by allowing individuals to write a “living will”.

In 2019, a five-judge Bench headed by then CJI Ranjan Gogoi managed to solve one of the most contentious land disputes in India by ruling that the disputed land in Ayodhya belonged to Ram Lalla. It’s a judicial feat that establishes the authority of the SC as the final arbiter.

There are five areas in which focus is needed —pending Constitutional matters, including those challenging the validity of nullification of Article 370, backlog of cases, vacancies in high courts and subordinate courts, deteriorating Bar-Bench relations and its relationship with the government.

Fortunately, the judiciary has had better relations with the executive in the recent past which was reflected in the alacrity with which the latter cleared many files for appointment of judges. But huge backlog of cases remains the biggest problem for judiciary. There is a backlog of more than 3.16 crore cases.

The second biggest problem is a large number of judicial vacancies. The situation in subordinate courts is the worst as more than 5,000 of the total sanctioned posts of the total 22,444 judges remain vacant. Similarly, against the sanctioned strength of 1,079 judges, high courts are functioning with only 678 judges, leaving the rest 401 posts vacant. There is one vacancy in the top court which currently has 33 judges against the sanctioned strength of 34 judges.

CJI SA Bobde’s predecessor, Justice Gogoi had once said, “Pendency is bringing a lot of disrepute… it has the potential of making the system irrelevant.” He had said he had a plan to deal with it. He did try to streamline appointments in subordinate courts while dealing with a PIL, but it needs further push.

Constitution Bench matters too need to be heard on priority basis as decision in one case can lead to disposal of a large number of cases.

Notwithstanding the recent controversies, the fact remains that among the three main organs of the Indian state, the judiciary still enjoys the common man’s trust. Post-Emergency experience shows that the Indian judiciary is capable of reinventing itself in the face of new challenges.

By all means, 2019 was a turbulent year for the Indian judiciary. Will it have a smooth sailing in 2020? As the Supreme Court reopens on Monday after the winter vacation, there is a sense of cautious hope in the air. After taking over as the CJI, Justice Bobde had advised the common man to have faith in the judiciary. Now it all depends upon how things unfold in the months to come and the manner in which CJI Bobde handles them. Let’s keep our fingers crossed.