Academic Research on Enhancing Judiciary in Democracy

~ A research project by Governance Innovation Labs

Good Governance: The Imperative Of Judicial Reforms In India — V. Ravindra Sastry and K. Saibaba (2013):

• The implementation of judicial reforms is important in order to attain good governance. Justice and the observance of fundamental rights depend heavily on the court.
• There are too many cases for the judiciary to handle. Over 12,500 judges, over 14,000 courts manage over 4 crore cases annually.
• Current concerns with the judiciary:

1. Excessive delays and a lack of responsibility.
2. Introducing unnecessary ambiguity into the legislation.
3. Transparency is lacking in the nominations and transfers of judges.
4. Inefficient judicial administration and poor resource management.
5. Lack of well-thought-out action plans to pay off court debt.

• Suggestions for reforms:

1. Appoint to the courts those who possess a strong sense of morality and ethics.
2. Boost the quantity of judges serving on all judicial levels.
3. Use shift arrangements in the courts to settle debts.
4. Make sure the judiciary has financial independence.
5. For improved court administration and case management, apply contemporary scientific methodologies.
6. Integrate moral principles into legal education.

Judicial Democracy — Robert C. Hughes (2019)

• The article addresses majority rule’s procedural soundness while highlighting how it shows equal regard for the moral judgment of the people. It points out that judicial review deviates from majority rule and, if improperly used, can undermine democratic principles.
• The paper makes the case that judicial evolution of legislation can somewhat remedy democratic flaws present in even well-executed majoritarian legislative systems. This entails boosting individuals’ political agency and giving opportunities for minority viewpoints to be taken into account.
• Five commonly recognized benefits of citizen participation: Just laws, moral instruction, recognizing equality, showing respect for all, and group self-governance are among the principles. These principles emphasize how crucial it is for citizens to participate in democracy, both formally and informally.
• The argument made is that judicial democracy can increase the chances that people have to exercise their right to political agency. It makes suggestions for facilitating citizen engagement in judicial democracy, including easing procedural constraints on court entrance and offering public help for poor litigants.
• By establishing common law, giving authoritative interpretation to legislation, and guaranteeing that minority perspectives on justice are taken into account, judicial review may support democracy. The statement highlights the judiciary’s role in advancing democratic principles but does not take a stance on the advantages of robust versus weak judicial scrutiny.

Need of Judicial Democracy in India — A Brief Study — Laxmi Tulasi Rao and N S R Murthy (2022)

• In order to reduce court delays, Chief Justice N.V. Ramana has launched a number of initiatives, including case disposal, arbitration, and the appointment of new justices. His goals are to close long-standing cases and keep positive relationships with all parties involved.
• Particularly for instances involving important legislation like the Farm Laws and Citizenship Amendment Act, litigants anticipate a quicker listing of cases. There is a prevalent feeling of dissatisfaction because of the lengthy case backlog.
• To restore constitutional and legal provisions, the phrase “Judicial Democracy” must be coined. Judicial action is required to redress the current trend of political environment deviation from democratic fundamentals.
• In order to effectively resolve conflicts, Justice N.V. Ramana advocated for arbitration, mediation, and conciliation. In Hyderabad, he suggested opening an International Arbitration and Mediation Center.
• In order to avoid community prejudice, the Chief Justice has drawn attention to the issue of communal material in the media and emphasized the necessity of social media platform responsibility and control.
• Justice N.V. Ramana emphasized the necessity for administrative steps to govern social media and uncontrolled online channels, pointing out their detrimental effects on society.

Role of Artificial Intelligence in the Indian Judicial System — Lakshmi Priya Gorlamudiveti and Dr. Sagee Geetha Sethu (2023)

• The application of AI to the legal field has proceeded slowly because of the intricacies of law, including issues of ethics, logic, and social standards.
• Present-day difficulties for the Indian legal system:

1. In Indian courts, there are currently about 47 million cases pending, with considerable backlogs in both lower and higher courts.
2. The lack of judges, legal specialists, and poor infrastructure are the main causes of case backlogs.

• The suggested use of AI:

1. AI might help all parties involved — judge, attorney, client, and public — and drastically cut down on the amount of cases that are still ongoing.
2. Legal reasoning, result prediction, and legal research are some of the uses of AI in the legal system.

• AI’s benefits for judicial systems:

1. AI can guarantee adherence to precedents, lessen human prejudice, and save total legal procedures expenses.
2. AI technologies such as DoNotPay (legal reasoning), BlueJLegal (case prediction), and Ross (legal research) are a few examples.

• Implementing AI presents challenges.

1. Data biases that are inherent must be addressed by AI systems, particularly those that pertain to racial and gender inequality.
2. A strong database is necessary for the creation of powerful AI, however India’s data bank is still in its infancy.

• India’s current AI initiatives:

1. The goal of programs like “AI for All” is to incorporate AI into a variety of fields, including the legal field.
2. AI is now being used for legal research and other purposes by programs like Indian Kanoon and SUPACE.

Judicial Reform From The Advocate’s Perspectives — Shubham Gajanan Kawalkar and Prof. (Dr.) Versha Vahini (2024):

• The purpose of this article is to identify, evaluate, and offer remedies for the issues facing the Indian judiciary, particularly with regard to the Supreme Court of India.
• Principal issues that are identified consist of:

1. At the Supreme Court registry, advocates deal with impolite staff and intricate processes.
2. The administration of justice is frequently impacted by language problems in legal procedures.
3. The efficiency of legal procedures is impacted by the challenge of adjusting to new technology.
4. The legal system has grown increasingly expensive, making it inaccessible to the average person.
5. The requirement that the legal system be more sensitive to Indian circumstances and reality .
6. The judiciary’s ability to operate is hampered by inadequate infrastructure
7. There are serious worries about both transparency and corruption in the court.
8. There are many judicial vacancies that need to be filled and a defective judicial appointment process.

• Suggested Reforms:

1. Maintaining the system of mentioning for urgent situations, closely adhering to office instructions for case listings, and increasing the registry’s accountability and transparency
2. The 2013 Supreme Court Rules have been amended to provide more time for issues arising after notice and to provide efficient categories that would expedite the caseload.
3. Building More Benches to Promote Inclusion and Improve Access to Justice Will Strengthen the Bench.
4. Reducing pointless and politically driven petitions at reasonable expenses.
5. To lighten the load on judges, written arguments must be brief to medium in length.
6. The Supreme Court now has a larger complement of judges and support personnel.
7. Preserving the option for hybrid mode hearings, which combine virtual and in-person formats, will help with advocacy and accessibility.
8. To address important legal issues, at least two permanent benches should be established.