Recommendations for Strengthening Judiciary’s Role in Democracy
~A research project by Governance Innovation Labs
Published in
3 min read5 days ago
The judiciary is essential to maintain democracy through enforcing justice, defending human rights, and preserving the balance of power within the government. A comprehensive strategy that incorporates artificial intelligence, fast-track courts, specialist judges in democracy-based courts, judicial reforms, and an efficient feedback mechanism is needed to strengthen this function. Here, we explore these recommendations by GILabs in detail.
- Judiciary Reforms
- Streamlining Procedures: The backlog of cases can be greatly reduced, and procedural modifications can improve the judiciary’s efficiency. A more uniform and effective legal system can be achieved via streamlining court processes, harmonizing case management systems, and establishing identical policies throughout all courts.
- Increasing Judge Appointments: Strengthening the court procedures by appointing more judges with specializations is crucial to easing the burden on the system. Adopting a standard judicial exam for the whole India is one approach to bridge the gap about the shortage of judges.
- Judicial Accountability and Transparency: Debates have been triggered by recent court judgments, particularly those concerning the issuance of bail to well-known politicians such as Arvind Kejriwal. This highlights the necessity of more accountability and openness in order to strike a balance between the public view and judicial discretion.
2. Democracy based courts with specialized judges
- Creating courts revolving around issues with democracy with specialized judges can improve the quality of justice. These courts can focus on specific areas such as electoral disputes, human rights violations, and public interest litigation. Specialized judges with expertise in these areas can provide more informed judgements. These steps will further strengthen democracy and protect citizen’s rights.
3. Fast Track courts
- Fast-track courts are useful for accelerating the legal process, especially in situations where prompt resolution is necessary. Using online hearings can greatly improve the judiciary’s accessibility and timeliness. Virtual hearings were used by several courts throughout the globe amid the COVID-19 epidemic, proving its practicality and efficacy. Online hearings can cut expenses, shorten wait times, and improve accessibility to the court system for those living in rural locations. This will also assist victims of abuse in avoiding having to confront their abusers and relive the agony.
4. Using Artificial Intelligence for promoting democracy
- Compartmentalize similar cases: By splitting up similar cases into smaller groups and displaying automated outcomes, artificial intelligence (AI) has the potential to revolutionize the legal system. Artificial intelligence (AI) algorithms can examine enormous volumes of data to find trends and precedents, helping judges make better rulings. Increased consistency and predictability in the results of court cases can result from this.
- Automating Administrative Tasks: AI is also capable of automating a number of administrative chores that are performed by judges, like scheduling cases, managing documents, and doing legal research. AI can help judges and court employees focus more on judicial duties and increase overall efficiency by lessening their administrative workload.
5. Feedback system
- Transparency and accessibility: A transparents and accessible feedback system is essential for maintaining public trust in the judiciary. Such a system should allow citizens to provide feedback on their court experiences, report issues, and suggest improvements. This feedback can be collected through online portals, mobile applications, and physical kiosks in courthouses.
- Constant efficiency monitoring system: An efficient feedback system should include constant monitoring to ensure the judiciary’s responsiveness and accountability. Evaluating the effects of changes and identifying areas for improvement can be aided by routine audits and surveys. Reports on the performance of the judiciary that are made available to the public can improve openness and increase public trust in the legal system.
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