High Courts And Supreme Court: Still The Last Hope
People still trust HC and SC. Why. Because Article 226 gives relief against government inaction. PIL brings issues like environment, corruption to court. Judges sometimes take courageous stands that politicians cannot. Example: reservation agitations, policy matters. But this trust is selective. It is trust in "constitutional courts", not in "subordinate courts". That distinction is dangerous. If foundation is weak, building cannot stand.
Lower Judiciary: Perception, Reality And Fear
Allegation is simple: no transparency, no accountability. If a clerk demands money for "early listing", who do you complain to. If judge is biased, will Bar Council help. Answer is no. Lawyers also suffer. A young lawyer who argues well may be scolded in open court for "wasting time". Another lawyer who is "friendly" gets early dates. This creates cynicism. Good judges are helpless because administration is controlled by bureaucracy. Result: talented students avoid litigation. They join LPOs, law firms, or corporate. Courtrooms are left with those who cannot go elsewhere. Quality falls further.
Civil Procedure Code: Weapon For Delay
CPC was made to ensure fair trial. Today it is used to delay. Examples: Order 6 Rule 17 amendment application filed at fag end of trial. Order 18 Rule 4 cross-examination in affidavit, but still 10 adjournments for cross. Order 21 execution takes 5 years. Section 5 Limitation Act: "sufficient cause" interpreted so liberally that delay is never fatal. Judges know this. But they fear appellate reversal if they refuse adjournment. So they adjourn.
Arbitration: Commercial Success, Public Failure Arbitration Act 1996 was to make India arbitration friendly. For big companies it works. But for small trader, Rs.5 lakh dispute, arbitration cost is Rs.2 lakh. And after award, other side files 34.
Also, courts interfere too much in appointment and 34. Supreme Court in Bharat Aluminum later tried to fix it, but in 2011 confusion was there. So ADR has not reduced civil court burden.
Bar Council, Law Colleges And Talent Crisis
BCI tried eligibility test. Bar opposed. Why. Because many colleges are degree shops. Students pass without reading bare act. If entry bar is raised, quality will improve. But politics comes in. State governments run law colleges. No one wants to close them. Without good lawyers, judges cannot deliver. Judge is only as good as arguments before him. If both sides present weak case, justice suffers.
Judicial Oversight: What HC And SC Must Do
Inspection: CJ of HC must do surprise inspection of district courts. Not just file inspection. Sit in court for 1 day.
Transfer Policy: Judges with complaints must be transferred and inquiry done. No protection for "own people".
Data: Publish disposal rate, pendency, average time per case for each judge online. Sunlight is best disinfectant.
Training: National Judicial Academy must train judges in case management, not just law.
Supreme Court must monitor this through PIL. Parliament must give funds.
Public Pressure And The Way Forward
In 2011, Anna movement showed public anger at corruption. Similar anger is building against judicial delay. If courts do not reform, people will demand "Lokpal for judiciary". That will hurt independence. Better courts reform themselves. Government must cooperate. Bar must cooperate. Public must support. 14th Law Commission said "justice must not only be done, it must be seen to be done quickly". That is still true.
Conclusion
Reform indian judiciary lower courts bar council needs honesty. We cannot blame only government or only judges. All stakeholders failed. Solution is committee with retired judge, experts, funding, and 6-month deadline. Implement recommendations without dilution. At Nathan & Associates we believe litigation will survive only if people believe in it. That belief must be earned back.
