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March of Justice

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The marginalized section, who are not a vote bank for the legislature or political executive, like the transgender or micro minorities like the Parsi or Jew, needs a sensitive judiciary. Women and dalits find it difficult to get speedy justice. Justice delayed is justice denied.

The appointment of the nine judges including three women at the Supreme Court depicts not just the cooperative tendencies of both the judiciary and the executive but also impatient for speedy justice. As per the official records, there are more than three and a half crore case pending in different courts of India including the trial courts and the higher courts. 

Although the majority of the cases are pending in the subordinate courts but the appointments in the higher courts are a cause of relief because they have both appellate and supervisory authority over the lower courts. The collegium has also made a history by clearing 68 names for appointments in high courts. When the higher courts have adequate number of judges, both judicial and supervisory functions get a boost. The writ of the higher courts over lower courts is more visible and unnecessary delays in trials is checked. 

The marginalized section, who are not a vote bank for the legislature or political executive, like the transgender or micro minorities like the Parsi or Jew, needs a sensitive judiciary. Women and dalits find it difficult to get speedy justice. Justice delayed is justice denied. 

A court should also remain sensitive to the issues of the weak. The ‘Mathura judgment’ is still taught as an example of blatant failure of the Supreme Court to accord justice to a woman who was at the mercy of the state itself. Women judges in the past have helped expand the jurisprudence of women related legal issues. Now four judges in the Supreme Court is a welcome omen. 

Out of the 68 names cleared for different High Courts of India, 44 of them are from the bar councils. This means more judges will be seen on the benches who have a wider experience of human agony and the inherent challenges of the justice system in India. We can expect some better governance now. 

The solution lies in the fact that the judicial infrastructure has to rise in the future is the rule of law has to find real feet in our society. The economic growth story should not suffer from impediments caused through legal means – contracts should be timely enforced, company issues settled fast, arbitration or conciliation sped up and the Insolvency and Bankruptcy Code perfected. One more step is required exclusively on the part of the governments. State today is the biggest litigant in all courts of India and at all levels. Unnecessary and trivial cases are filed by the departments even when there is no substance to their case or chances of a victory. Government must reduce this burden and not overburden the courts with its arbitrary litigation policies.


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