Appeal for change: SC’s suggestion on reducing jail time for those appealing convictions is worth serious thought

News: Supreme Court is going to examine whether those who have already served long imprisonments and are appealing their convictions should be given other options or not.

Why there is a need to make changes in the appeal process?

Long waiting periods to hear appeals: Many trial court convictions are pending before High Courts. For instance, waiting periods for hearing an appeal could be as long as 35 years.

Better chance to get acquitted: Convicts have a chance of getting acquitted by higher codes in appeals. For example, the Bombay High Court declared 2 persons innocent in two different murder convictions after 22 and 24 years.

Supreme Court has suggested plea-bargaining, which is used regularly in the USA, to speed up the judicial process.

What further can be done?

Speedy judicial appointments: 411 of 1,098 sanctioned judicial posts at HCs lie vacant. For instance, Allahabad HC, flooded by appeals, has 67 vacancies. This needs to be filled quickly.

Increase the retirement age of HC judges: HC judges retire at 62 while SC judges continue till 65. There is no rationale behind this difference. When the retirement date of every judge is known in advance, the replacement lists should be ready beforehand. Article 224A provides for retired judges to be reappointed to HCs.

Source: This post is based on the article “Is the institution of Governor subverting federal structure?” published in The Hindu on 11th February 2022.