The Supreme Court of the country has completed its 75 -year dignified journey. It is not just a historical stop, but also an opportunity to test the soul of Indian democracy. The judiciary gave several epoch -making decisions in these eight decades, which protected the dignity and democratic values of the Constitution. But today the biggest challenge is delay in justice. If justice is not found on time, the real meaning of justice is lost. Perhaps this is the reason why President Draupadi Murmu, Prime Minister Narendra Modi and Chief Justice said with one voice that the time has come to end the culture of ‘date on date’. At the closing ceremony of the two -day national conference of the District Judiciary, President Draupadi Murmu said that there is a dire need to make efforts to change the culture of adjournment in courts to ensure quick justice. He admitted that a large number of pending cases in the courts are a big challenge for all of us.
On the completion of 75 years of the Supreme Court, Prime Minister Narendra Modi said that this is not just a visit to one institution. This journey is of the Constitution and constitutional values of India. This journey is the more mature of India as a democracy. The people of India have trusted the Supreme Court, our judiciary. Therefore, these 75 years of the Supreme Court increase India’s pride in the form of ‘Mother of Democracy’. In the nectar of independence, 140 crore countrymen have only one dream to become a developed India, a new India. New India, ie a modern India with thinking and resolve. Our judiciary is a strong pillar of this vision. The judiciary has played a very important role in strengthening democracy and liberal values in India. The Supreme Court is a worthy patron of weak groups and the last expected institution for millions of citizens against the constitution, the rights of the poor and the excesses of the government. Except for some exceptions, most of the time in the last 75 years, the Indian judiciary has been successful in protecting the Constitution and maintaining the rule of law. But there are also many complex situations in front of Indian law and order, appointment of judges, increasing number of cases, accountability, corruption and delayed justice etc. The judiciary has its own important concerns about the access to the courts and the issues of spending and other similar things about justice. Our laws have a feeling-the first, respect is first and justice is first.
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Earlier, at the National Conference of the District Judiciary, Prime Minister Narendra Modi also emphasized the need for speedy justice in cases of crime against women so that women could increase their trust in their safety. Undoubtedly, crimes against women have increased rapidly in recent years, due to which our sociologists and various agencies that have enforced the law are also surprised. The whole society has shook due to increase in crimes against women. The incident of rape and murder of a female doctor of Kolkata Medical College made it clear that the fear of laws of criminals has almost ended. This is the reason that now the demand for not only rigorous laws but also quick and fair justice is being strengthened. Today the biggest challenge before the judiciary is delay in-delay. Crores of cases are pending from district courts to the Supreme Court. Only more than four and a half crore cases are stuck in the district courts. This situation hurts the soul of democracy, because the delay in justice, the refusal of justice.
Indeed, there are many reasons behind pending cases-insufficient number of judges, complexity of court procedures, unnecessary adjournment, pulling the cases by lawyers and negligence of police-administration. This is the reason that the fear of law is decreasing from the minds of criminals and the trust of the common citizen starts to waver. The backbone of the Indian judicial system is district and local courts. If there is no early and cheaper justice at these levels, then the achievements of the Supreme Court will be considered incomplete. The Supreme Court has been giving relief from time to time by taking self-cognizance-as recently an initiative to build a national protocol for the safety of doctors. But such alertness and activism is not visible at the district level. Therefore, the real start of improvement will have to be made from the lower level itself.
The anomalies of the Indian justice system and the path of improvement are complicated, but not impossible. If we go ahead with determination and action plan, then in the nectar of freedom, we can give an epoch -making turn to the justice system. The number of judges in the proportion of population in the country is very less. There should be immediate appointments and training arrangements. Steps such as e-court, online hearing, digital evidence management can accelerate justice process. It is necessary to curb unnecessary adjournment. Because the tradition of postponing has become a weapon for criminals and lawyers. Strict control is necessary on this. Police and investigative agencies have to be made responsible and responsible. Because early decision in cases is possible only by filing strong evidence and charge sheet on time. Accountability will have to be fixed on the courts as well as lawyers and police. Special fast-track courts will have to be further strengthened for women, children and sensitive matters.
It is necessary to review the functioning related to the judicial process. On the other hand, various Chief Justices have repeatedly raised the issue of shortage of judges in lower courts. Apparently the lack of resources also affects the speed of the judicial process. Some people believe that along with strict laws, quick justice will also be able to put psychological pressure on criminals. If police and investigative agencies reach court with strong evidence, then allegations will be proved quickly in serious cases. This is the reason that even at the top level in the country, the perception is being strong that various stakeholders should carry out collective responsibility, which can break the perception that the system that gives justice promotes the culture of date on the date. It should be believed that the top judicial leadership will formulate a new effective strategy for disposal of pending cases when it is 75 years after the establishment of the Supreme Court. Undoubtedly, the district courts, called the backbone of the Indian judicial system, can also take a change in this direction. So that the common man’s trust in the judicial system will be strengthened. In countries like America, the maximum period is fixed at three years for any case, while in India it is common to keep cases for 20-30 years. To overcome this discrepancy, a limit to the fixed period and maximum dates should be set. The recently implemented three new criminal laws expect a boom in the judicial process. If these laws are correctly implemented, the culture of ‘date on date’ may be curbed.
This 75 -year journey of the Supreme Court is a glorious chapter in the history of democracy. During this period, it has given historical decisions in many areas from crises like emergency to social justice, environmental protection, women’s rights and freedom of expression. But in the coming 25 years, the real test of the judiciary will be on whether it can make justice quick, accessible and universal? The judiciary is still a ray of hope for the common citizen. But to keep this trust alive, he has to remove his weaknesses and start a new era-where justice is not only “happening”, but also “visible”. This will be a real celebration and meaningful remembrance of the 75 -year journey of the Supreme Court.
– Fine Garg
Writer, journalist, columnist