Create more vacancies in lower courts, suggests CJI

35,000 subordinate courts needed to clear backlog

Delivering the inaugural address at the conference on ‘Alternate Dispute Resolution-Conciliation and Mediation’ on Saturday, the CJI said that 35,000 subordinate courts were required to make any progress in dealing with the backlog. “We have 16,000 sanctioned posts in the lower courts, out of which only 14,000 posts have been filled,” he said.

Pointing out at irregular recruitment in the states he said Indian judiciary cannot  move forward without the creation of additional posts for which legislative intervention was crucial.

Dinakaran absent

With the conspicuous absence of Karnataka Chief Justice P D Dinakaran at the event, the conflict between the Bar and the Bench found a reference in Karnataka Governor Hans Raj Bhardwaj’s speech, when he commented that Karnataka was a role model in legal matters, ‘but not the recent incidents, that is not the Karnataka I know’.

He went on to say that the lawyers he knew had great discipline and restraint.  He expressed his disappointment over the failure of Grameen Courts to pick up steam despite having started three years ago, calling it an apathy towards the society.

Supreme Court Judge Dalveer Bhandari suggested the setting up of Indian Judicial Services  to ensure quality recruitment for the subordinate courts. He also said that litigants including the government should not approach the Supreme Court on every small matter. He suggested the appointment of retired law officers until the backlog was cleared.

‘Improve justice quality’

 Justice Balakrishnan speaking after the launch of a book “Justice, Courts and Delays” by Supreme Court senior advocate Arun Mohan, at Raj Bhavan said that the quality of justice should not be compromised in an effort to deliver justice speedily.
He said justice can be delivered fast only when all stakeholders like the investigating agency and advocates cooperate.

Governor Hans Raj Bhardwaj said, delay in delivery of justice will only destroy the system. Hence, all efforts should be made for early delivery of justice.

Special duty

Earlier, speaking after receiving the honorary degree of Doctorate in Laws, Mysore University, from Governor Hans Raj Bhardwaj, Justice Balakrishnan said Judiciary has a special duty in ensuring equitable distribution of resources and opportunities to improve the capabilities of citizens.

The judiciary needs to be vigilant about the widening of existing socio-economic inequalities in this liberalised economy. Judicial interventions have been the instruments of distributive justice in the past and in the future, he added.