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regular-article-logo Friday, 22 November 2024

Strengthen the base

Recognising the district judiciary as an integral part of the basic structure of our democracy is crucial to preserving the rule of law and upholding justice for all

Aashish Gupta, Anshula Sinha Published 12.09.23, 06:45 AM
Supreme Court of India

Supreme Court of India File Photo

In All India Judges Association vs Union of India, the Supreme Court stated that the independence of the district judiciary is an essential element of the Constitution’s basic structure. This decision is important as it specifically addresses the independence of the district judiciary and considers its financial aspect. The case pertains to the financial independence of judicial officers in the district judiciary, asserting the necessity of the judiciary to have control over its finances to ensure efficient functioning, thereby upholding the principle of separation of powers, as advocated by the French philosopher, Montesquieu. Furthermore, the ruling also emphasises the need for a unified judiciary system, not only at high courts and the Supreme Court but also at the district-court level, encompassing designations, remunerations, service conditions, and other aspects.

With an immense workload of handling over 11 lakh cases daily, India’s district judiciary guarantees that individuals can exercise their right to justice as enshrined in Article 21. The financial independence of the district judiciary — it encompasses the principles of financial integrity, autonomy, and security for judicial officers — assumes utmost importance in enabling it to function independently.

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Financial independence reduces the risk of external influences on the district judiciary, promoting impartiality and accountability. When judges and court staff are not reliant on external sources for their financial stability, they are less susceptible to bribery, corruption, or undue influence. Inadequate salaries and lack of appropriate benefits not only impede their ability to focus on their work but also create an environment ripe for unethical practices. Financial independence of the district judiciary also strengthens the enforcement of fundamental rights mentioned under Part III of the Constitution. Strikingly, the United Na­­tions’ Basic Principles on the Independence of the Ju­diciary suggest that it is the duty of the member state to provide adequate resources to enable the judiciary to perform its functions.

However, India’s district judiciary suffers from several challenges which hinder
the process of effective dispensation of justice. Inadequate infrastructure, outdated technology, understaffed courts and a huge backlog of cases are some of them. Over 4.7 crore cases are pending in the Indian judiciary out of which an estimated 87% is pending in the district courts alone. A report by the Vidhi Centre for Legal Policy suggests that the number of courtrooms in district courts is approximately 40% less than the sanctioned strength due to a lack of funds at some places and mis­management of available resources at other places, leading to the appointment of fewer judges in district courts. The quality of the available judicial infrastructure in the district courts has also been a matter of concern for the apex court.

When the district judiciary has control over its budget allocation, as it does in the United States of America, it can ensure that resources are allocated in accordance to workload, infrastructure needs, and training requirements. Financial independence also allows the district judiciary to prioritise areas such as case backlog reduction or technology upgrades. Financial autonomy enables the district judiciary to invest in modern court facilities, including well-equipped courtrooms, libraries, and administrative offices. Additionally, it permits the adoption of digital solutions for case management, e-filing, and online access to court records, improving transparency and efficiency. Upgrading infrastructure and embracing technology are thus essential for an efficient and accessible judicial system.

The independence of higher courts garners significant attention. But the autonomy of the district judiciary is equally vital. Recognising the district judiciary as an integral part of the basic structure of our democracy is crucial to preserving the rule of law and upholding justice for all.

Aashish Gupta and Anshula Sinha are students at National Law University, Jodhpur

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