| PYQ Relevance: Q) The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (UPSC CSE 2020) |
Mentor’s Comment: UPSC Mains have continuously focused on some micro themes in the Judiciary like – Judicial Governance (2023-24), major decisions taken by Apex Court, and the issues/challenges associated with Indian Judiciary (in 2021).
World Justice Project’s Rule of Law Index ranks India at 69th out of 139 countries, reflecting public concerns about corruption and delays within the judiciary. Today’s Editorial talks about the challenges and some of the recent initiatives taken by the Judiciary.
This Editorial can be effectively used as a ‘case study’ as well as for representing present ‘challenges’ faced by the Indian Judiciary.
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Let’s learn!
Why in the News?
The Chief Justice of India unveiled a new statue of Lady Justice at the Supreme Court premises, replacing the earlier version. The new statue features Lady Justice in a saree, without a blindfold, holding scales in one hand and the Indian Constitution in the other.
What is the Background?
- Origin of Lady Justice: The modern depiction of ‘lady justice’ is rooted in Justitia, the Roman goddess of justice, characterized by a blindfold (clossed eyes), scales, and a sword.
- The symbolism of the Blindfold: Introduced during the Renaissance as a satire on corrupt legal systems, it later came to represent impartiality during the Enlightenment, emphasizing justice without bias related to wealth or social status.
How does this new representation reflect societal demands for justice?
- Colonial Influence: The British legal system established in India introduced a hierarchical court structure. ‘Lady justice’ became a prominent symbol in Indian courts during this period.
- Decolonial Intent: The new statue aims to replace colonial symbols with representations more aligned with Indian traditions.
- Cultural Representation: The statue’s attire is changed to a saree, reflecting Indian heritage.
- Open Eyes: The removal of the blindfold signifies that justice is not blind. It acknowledges social diversity and the need for nuanced approaches to justice for underprivileged groups.
- Constitution as Symbol: The sword is replaced with the Constitution, highlighting its supremacy in Indian jurisprudence while maintaining the scales to signify impartiality in weighing evidence.
What are the implications of it?
- Controversies Around Statues: Historical controversies surrounding judicial statutes highlight the need for careful consideration of how justice is visually represented. Questions arise about whether justice should embody protest and resistance or reflect lived experiences and struggles.
- Re-envisioning Justice: There is a call for justice representations to signify virtues such as feminism, anti-caste sentiments, secularism, and judicial independence. The aim is to creatively challenge existing biases within the judiciary while fostering discussions on improving public perceptions without perpetuating new forms of discrimination based on caste or religion.
Interpretation may differ related to the new statute of Lady justice but the Government should focus on issues related Judiciary in India:
| What are the challenges related to the judiciary? • Judicial Delays: The Supreme Court recently dismissed a plea for a three-year timeline to resolve over five crore pending cases, citing practical challenges due to overwhelming litigation. • Revised Memorandum of Procedure: There is an urgent need to finalize this document regarding judge appointments to enhance transparency and accountability in the judiciary. • Representation Issues: Less than 25% representation from backward classes, scheduled castes, tribes, and religious minorities exists in higher judiciary roles; women represent less than 15%. Appointments should reflect India’s social diversity. • Court Capacity: High Courts operate at only 60-70% capacity, exacerbating case backlogs. The government needs to expedite appointments based on collegium recommendations and fill vacancies in lower courts promptly. • Priority Cases: Constitutional validity cases and those concerning individual liberties should be prioritized by the higher judiciary to ensure timely justice delivery. |
Way forward:
- Strengthen Judicial Capacity: Expedite appointments in higher and lower courts to address vacancies, enhance infrastructure, and streamline case management systems to reduce pendency.
- Promote Diversity and Transparency: Finalize the Memorandum of Procedure for judicial appointments, ensuring representation of marginalized communities and women to reflect India’s social diversity and foster inclusivity.
