PIL seeks increase in number of judges

New Delhi: Contending that speedy justice is a fundamental right under Article 21 of the Constitution, the Bhartiya Matdata Sangthanto has moved the Supreme Court to direct the Government of India for a four-fold increase in the number of judicial officers in the country, which is essential to reduce the pendency of cases from 15 to 3 years.

In its PIL, the BMS said this should be done in the spirit of the resolution drawn by the Centre on October 15, 2009 that all pending cases should be disposed of in three years. The PIL said the government has not only failed to implement resolution, but also the recommendations of the law commission.

It said it is very unfortunate that successive governments has not taken appropriate steps to reduce the pendency of cases from 15 to 3 years in spirit of the above resolution. Deliberate delays in filing counter and rejoinder affidavit and unnecessary adjournment gradually decline the citizenry faith in the judicial system. Fragmentation of faith has the potentiality to bring in a state of cataclysm where justice may become causality.

The PIL pointed out that access to fair trial and speedy justice is deeply rooted in the concept of democracy and regarded as a basic human right. It is in the interest of all concerned that the guilt or innocence of the accused is determined as quickly as possible. Access up to the highest level of justice is a basic right of every citizen and it should be made easily available, particularly to the common-man.

It is the duty of the State to secure fundamental right of speedy justice to citizens in the spirit of Article 21 of the Constitution. Judiciary plays an increasingly important role in life and the governance of the country. However, anyone who has any experience of the Courts is aware of the serious problems that beset the judicial system. There are many problems plaguing the judiciary but the first and foremost is judicial backlog and accessibility to justice for a common person.

The PIL said large number of cases are pending in the courts, which are just lingering along and not reaching their logical conclusion. Lack of judicial infrastructure i.e. inadequate district courts, staff, and archaic laws are some of the problems confronting the judiciary. The Courts tend to condone delays and thus encourage litigation and a spate of appeals. High Courts have taken on themselves too much work, making it impossible for them to be able to render justice speedily and efficiently. The disposal of cases and conviction rates is very low. There are abnormal delays, even in cases involving extremely grave offences with direct impact on public order, national security.

India has only about 12 judges per million population, which is among the lowest ratios in the developed and developing countries. The cases pending exceed about 30 thousand per million population. Obviously, it is unrealistic to expect the Courts to deal with this abnormal caseload. Hence the PIL sought a direction to the Central Government to take immediate steps to increase the number of judges by four-fold so that cases are disposed of expeditiously.