 "Prime Minister Narendra Modi at the Maritime India Summit, Mumbai. (Photo: ANI)")
“Nothing has moved” since 1987 when the Law Commission had recommended increase in the number of judges from then 10 judges per 10 lakh people to 50,” an unusually emotional Thakur said while wiping his eyes.
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“Then comes inaction by the government as the increase (in the strength of judges) does not take place,” he said in a choked voice while addressing the inaugural session of the Joint Conference of Chief Ministers and CJIs of high courts here,” the CJI said as the PM heard him in rapt attention.
Modi, who was not slated to speak in the schedule of the programme circulated by the law ministry, said “I can understand his(CJI's) pain as a lot of time has lapsed since 1987. Whatever has been the compulsions, but it’s better to be late than never. We will do better in the future. Let us see how to move forward by reducing the burden of the past.”
WATCH: Chief Justice of India TS Thakur breaks down during his speech at Jt conference of CMs and CJ of HCs in Delhihttps://t.co/xD1tro8rmX
— ANI (@ANI_news) April 24, 2016
He said if constitutional barriers do not create any problems, then top ministers and senior SC judges can sit together to find a solution to the issue.
“Jab jaago tab savera (better late than never),” Modi said, referring to the issues flagged by the CJI.
The Bihar government also made a strong pitch for reservations to other backward classes in the lower judiciary saying a “different yardstick” should not be applied to it in the issue as a number of states already have provisions for quota for the backward classes in lower courts and government services.
“The state government has taken positive steps to provide reservation to backward classes in lower judiciary but the High Court (Patna) has not given its consent,” Chief Minister Nitish Kumar said in his written speech.
The CJI said following the Law Commission's recommendation, the Supreme Court in 2002 had also supported increasing the strength of the judiciary. A Parliamentary Department Related Standing Committee on Law then headed by Pranab Mukherjee had also recommended taking the judge to people ratio to 50 from 10.
As of today, the judge to people ratio stands at 15 judges to 1 million people which is way less than as compared to the US, Australia, the UK and Canada.
The CJI also spoke of the "tug-of-war" that goes on between the Centre and the states over funding, infrastructure and other issues.
The CJI said while the central government has maintained that it is committed to help the judiciary, it is the duty of the state governments to improve the infrastructure and increase the manpower.
The states, he noted, want the Centre to provide funds for the purpose. "While the tug-of-war goes on, strength of judges remains where it is...five crore cases were processed and two crore were disposed. But there is a limit to the capacity of the performance of judges," the CJI said.
The courts have drawn flak for the mounting pendency of cases with litigants at their wit's end owing to repeated adjournments and rising costs.
The Chief Justice said, "In 1987, the requirement was 40,000 judges. From 1987 till now, we have added 25 crore in terms of population. We have grown into one of the fastest growing economies of the world, we are inviting foreign direct investment into the country, we want people to come and make in India, we want people to come and invest in India. Those whom we are inviting are also concerned about the ability of the judicial system in the country to deal with cases and disputes that arise out of such investments. Efficacy of the judicial system is so vitally connected with the development," he said, referring to Modi government's 'Make in India' and 'Ease of doing business' campaigns.
Justice Thakur said from a munsif to a Supreme Court judge, the average disposal in India is 2,600 cases per annum as compared to 81 cases per annum in the United States.
"Old wine in a new bottle will not serve the purpose," he said, adding that an "emotional appeal" made by him "may work" in getting the government take note of the problems being faced by the judiciary.
