When will the vacancies in judiciary be filled?
Legislature, executive and judiciary are three significant pillars of constitution. For democracy to work well, there has to be good coordination between all the three pillars. They have to balance and co-exist, along with complementing each other. This is the most important requirement. But in the recent times, one rarely sees any well-coordinated effort between them. This has led to unrest among judiciary as well. Thousands of jobs in lower courts are lying vacant across the country. This has led to delay in cases being concluded.
Supreme Court has been insisting that they be filled at the earliest but to no avail. Last week Supreme Court even expressed its displeasure over the vacancies not being filled up. This is not a good development. Many posts of judges in lower courts have not been filled up. Staff recruitments are also being delayed. Considering the increase in population, courts need to add more space to their infrastructure for quick disposal of cases. Courts need judges’ quarters to be built sooner than later. The Supreme Court and High Court have fixed a time frame for this work to be completed. SC has expressed extreme displeasure over the functioning of Delhi, Uttar Pradesh, West Bengal, Assam, Manipur, Meghalaya pertaining to this work.
Karnataka’s time will come on December 5. Kerala, Gujarat, Himachal Pradesh, Jharkhand states are also in the same boat. Across the lower courts, there are about 2,20,836 jobs in the country. About 5,133 posts are vacant till now. Supreme Court has drawn the attention of states regarding this sometime ago and directed them to submit a report on the work done so far regarding the matter. But nothing has worked.
Judiciary is not getting as much support and facilities as the other two pillars – Legislature and Executive – get. Supreme Court has been often begging the central government to fill the vacancies at the earliest. Few months ago, justice T S Thakore had shed tears before PM Modi at an event that was organized to inaugurate the conference of chief justices of High Court, along with CMs from the states. The population of the country has increased manifold. Undecided cases growing in numbers with every passing day. Since the post of justices are lying vacant, cases cannot be concluded. And this delay should not happen since this also causes delay in imparting justice to the aggrieved.
Judiciary seeks increase in the number of justices from 21,000 to 40,000. But the government, especially executive, isn’t responsing favourably is the main grouse. This has led to thousands of undertrials languishing in jails across the country. Their futures are dark now. When justice Thakore wept over this issue before the PM, Modi had assured resolution of the issue sooner than later. But nothing has moved from then to now.
Earlier, there were ten judges to every ten lakh people. Indian Law Commission had recommended that this ratio be increased to 50. Supreme Court had given concurrence over this matter and Parliamentary committee to had said yes to this. But none of this worked to meet a logical end. Now, every ten lakh people have only 15 judges to sort out their cases. By 1987, the required number was 40 judges per ten lakh. Now the population has grown manifold. Lower courts have 2.84 cases pending. Supreme and High Court put together this number comes up to 3.5 cr in all. Majority of the cases are awaiting hearing since the last five years. Thousands and lakhs of undertrials are waiting for the next date of their hearing. At times like this, the paralysed working style of executive is condemnable. Democracy cannot be upheld by ignoring judiciary. Hence the central government has to immediately attend to this issue as soon as possible.
Though the matter as grave that the Chief Justice of Supreme Court shed tears before the PM, nothing has worked. What does that mean? The centre is callous about the judiciary. If this continues, this will cast its shadow on the entire nation and systems that work within. Human rights would be violated because undertrials have to languish in the jail owing to no hearing of their case. The government needs to wake up sooner than later over this and fill up the posts of Judges in the courts, including high court. If this can be attended to, the future crises regarding this can be averted.
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'Dictatorship' going on in country is unacceptable: Arvind Kejriwal
Chandigarh (PTI): Attacking the BJP, Delhi Chief Minister Arvind Kejriwal on Friday said the "dictatorship" allegedly going on in the country is unacceptable and the nation has never seen such a period in the past 75 years.
Kejriwal was addressing Punjab AAP workers and leaders, including MLAs, in Amritsar and asked them to put in their best to ensure AAP's victory in all the 13 Lok Sabha seats in Punjab.
He slammed the BJP, accusing it of putting all rival party leaders in jail.
"The dictatorship that is going on in our country is not acceptable. India has never seen such a period in the past 75 years, putting opposition leaders in jail," said Kejriwal.
He even sought to liken the situation in India with that of Russia.
"Like in Russia, (Vladimir) Putin had either sent all rival leaders in jail or got them killed and then conducted the elections and got 87 per cent votes. When there is no opposition, you will be the only one who will get votes," he said.
"They put me in jail, (former Delhi deputy CM) Manish Sisodia was put in jail, Congress party's bank account was attached, (they) are troubling TMC, (Tamil Nadu CM MK) Stalin's ministers have been put in jail.
"Put everyone in jail. Then only one party and one leader will remain but democracy will not survive. We do not have to let this happen," said Kejriwal.
Kejriwal came to Punjab on Thursday and held a roadshow in support of AAP's Amritsar candidate Kuldeep Singh Dhaliwal.
