Rajya Sabha

December 5, 2019

Ahamed Hassan makes a Special Mention on the need for filling up vacancies of judges in high courts

Ahamed Hassan makes a Special Mention on the need for filling up vacancies of judges in high courts

FULL TRANSCRIPT

Thank you, Sir. The Judiciary in India is one of the pillars of our demcratic framework. From the Supreme Court at the apex, with the lower courts operating throughout India, each institution is responsible for upholding the liberty of our citizens’ justice. However the agency of the judiciary needs to be improved. 

Lengthy delays in providing justice compromise the process itself. Over 25 per cent of under trial prisoners have been in custody for more than one year. Data also suggests that the criminal justice system tends to be biased against people from marginalised sections of the society.

Sir, a recent study submitted by IIM Kolkata to the Ministry of Law and Justice has highlighted the chronic issues faced by the lower courts. Problems include vacancies or absence of the judges, purposeful extension of cases for personal motives and the lack of adequate technology. Studies show that the average pendency of cases in Indian subordinate courts is around five years. 

Around 23 per cent of the posts of judges are lying vacant. Regarding High Courts, I will only say that 421 posts of judges are vacant. Regarding the Calcutta High Court, vacancy is of 32 judges. It is extremely urgent that reforms are introduced to increase the efficiency of the judiciary. 

Digitisation of legal process, online filing and tracking of cases and reducing lengthy adjournments are important steps in the right direction. Efforts must be made to fill in the vacancies  courts across the country. 

Lastly, I will say that justice delayed is justice denied.