The question is whether Justice Gogoi’s suggestions, though sensible, are adequate, given the scale of the crisis. The indiscriminate admission of cases is one important element of the problem. The number of frivolous PIL (public interest litigation) petitions filed before the Supreme Court — from banning sardar jokes, the restitution of the Kohinoor and monitoring condom packaging (ironically, some of them were entertained by Justice Thakur) — suggests the need for a mechanism to reject non-serious cases at all levels. In lower courts, too, many cases concern hurting cultural, religious and personal sensibilities (such as a lawyer filing a case against Richard Gere kissing Shilpa Shetty at an AIDS awareness event, which went all the way to the Supreme Court). If the courts encouraged more Indians (politicians included) to be less thin-skinned and more tolerant, the judicial system would find the pipeline less clogged.
Justice Gogoi should also consider how the issues of court automation systems, digitisation and e-courts can be fast-tracked. It is time the judiciary as an institution opened itself up to the services of competent external agencies that can help them record, manage and analyse their data better, to build and sustain a healthy institution. There is also perhaps a strong case for looking at the proposal that the Supreme Court should be made a Constitutional Court that will hear and decide cases involving the interpretation of the Constitution and other cases of legal significance or national importance. A separate Court of Appeal could be set up between the high courts and the Supreme Court to hear appeals from judgments and orders of high courts. By some estimates, more than 70 per cent of cases before the Supreme Court do not involve the Constitution. If they are removed, a lot more time will be left for important cases. This of course would involve changes in the Constitution.
To read the full story, Subscribe Now at just Rs 249 a month
Already a subscriber? Log in
Subscribe To BS Premium
₹249
Renews automatically
₹1699₹1999
Opt for auto renewal and save Rs. 300 Renews automatically
₹1999
What you get on BS Premium?
- Unlock 30+ premium stories daily hand-picked by our editors, across devices on browser and app.
- Pick your 5 favourite companies, get a daily email with all news updates on them.
- Full access to our intuitive epaper - clip, save, share articles from any device; newspaper archives from 2006.
- Preferential invites to Business Standard events.
- Curated newsletters on markets, personal finance, policy & politics, start-ups, technology, and more.
Need More Information - write to us at assist@bsmail.in