India's Judicial System: Challenges and Misconceptions
India's judiciary often becomes a scapegoat for stalling economic growth, as highlighted by Sanjeev Sanyal, a member of the Prime Minister’s Economic Advisory Council. He argues that the judicial system is the chief hurdle to India becoming 'Viksit Bharat', or a developed nation. This view reduces the judiciary to a caricature, ignoring the broader systemic issues within governance.
Misplaced Criticisms and Judicial Accountability
- Judicial Functioning Misunderstood: Critics often depict judges as working short hours and enjoying vacations, overlooking the significant workload and preparation judges handle behind the scenes.
- Section 12A of the Commercial Courts Act, 2015: Sanyal criticizes mandatory pre-suit mediation as ineffective, but the courts are merely enforcing parliamentary legislation.
Systemic Issues in Governance
- The 99-to-1 Problem: Many rules are crafted to prevent misuse by a minority, complicating laws for the majority. This imprecision is a legislative issue, not a judicial one.
- Contract Enforcement: Sanyal's critique ignores the arbitrary conditions in tender documents and the litigious nature of the government, which contributes significantly to court burdens.
Role of Government in Judicial Delays
- Government entities are the largest litigants, often engaging in unnecessary litigation and appeals, which strains judicial resources.
- Citizens are forced to litigate for rights and benefits due to administrative inefficiencies, adding to the courts' burdens.
Judiciary's Structural Challenges
- Overloaded Caseloads: India’s judges face heavy workloads compounded by vacancies, making structured breaks essential for maintaining justice quality.
- Judicial Burden from Vague Laws: Laws often lack clarity, such as the new Income-Tax Act, which retains complexities under new sections, leading to potential litigation.
Conclusion: Need for Comprehensive Reform
While the judiciary requires reform, it's misleading to label it the “biggest hurdle” to development. The root issues lie in poorly framed laws and governance practices. The judiciary is intended as an independent check on power, not a mere facilitator of governance. Effective reform hinges on addressing legislative and administrative shortcomings, not just targeting judicial inefficiencies.
