Need of Distinguished Jurists as Judges
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This post on Need of Distinguished Jurists as Judges  has been created based on article “We need distinguished jurists as judges” Published in The Hindu on 21st January 2025.

UPSC Syllabus Topic: GS paper 2- Polity

Context: This article explores the pressing issue of vacancies and backlogs in the Indian judiciary, which are undermining the timely and effective delivery of justice. It highlights the alarming vacancy rates across High Courts, including the Allahabad High Court operating at 50% of its sanctioned strength, leading to over 60 lakh pending cases nationwide as of January 2025. The author emphasizes the urgency of addressing these gaps and suggests innovative solutions to enhance the judiciary’s efficiency and output.

What is the current state of vacancies and backlogs in the Indian judiciary?

  1. Vacancies: As of January 1, 2025, 371 of the 1,122 sanctioned posts across High Courts remain vacant. The Allahabad High Court functions at only 50% of its sanctioned strength.
  2. Backlogs: About 60 lakh cases are pending across High Courts, undermining public faith in the judiciary.
  3. Impact: Judges are overburdened with high caseloads, reducing the time and depth of engagement with cases.

How has the appointment process affected the judiciary?

  1. While the pace of Collegium recommendations and appointments has increased, it has not kept up with retirements and rising case filings.
  2. This mismatch between appointments and demand has strained the judiciary, emphasizing the need for a near-complete staffing of sanctioned positions.

What role do Articles 124(3)(c) and 217(2)(c) of the Constitution play in judicial appointments?

  1. Article 124(3)(c): Allows the appointment of ‘distinguished jurists’ as judges of the Supreme Court.
  2. Article 217(2)(c): Previously permitted similar appointments in High Courts but was repealed without explanation.
  3. Underutilization: No jurist has been appointed under Article 124(3)(c), and the repealed Article 217(2)(c) is no longer in use.

Why should ‘distinguished jurists’ be appointed as judges?

  1. Global Practice: Countries like the U.S., Poland, Kenya, Spain, and Italy appoint legal academics to judiciary roles, benefiting from their expertise.
  2. Advantages in India:
    1. Access to specialized knowledge, research-based insights, and critical thinking.
    2. Enhanced judicial understanding of complex socioeconomic and legal cases.
    3. Bridging the gap between academia and practice.

What challenges exist in appointing jurists as judges?

  1. Procedural Gaps: Lack of courtroom experience and procedural knowledge.
  2. Resistance: Institutional hesitancy and status quo bias.
  3. Training Needs: Jurists would require orientation in judicial power limits and courtroom dynamics.

What broader message would this reform send?

  1. Reintroducing Article 217(2)(c) would signal support for academia and its integration into the judiciary.
  2. It would strengthen the judiciary by combining practical judicial work with academic expertise, enriching judicial discourse.

What steps can be taken to address the judiciary’s challenges?

  1. Timely Appointments: The government must adhere to strict timeframes for implementing Collegium recommendations.
  2. Reforms:
    1. Reintroduce Article 217(2)(c) to appoint distinguished jurists as High Court judges.
    2. Provide procedural training to academic appointees.
  3. Benefits:
    1. Reduce backlogs and vacancies.
    2. Infuse the judiciary with diverse, research-driven perspectives, making it dynamic, robust, and constitutionally grounded.

How can academia enhance judicial decision-making?

  1. Jurists from academia can provide fresh perspectives on complex legal issues.
  2. They can bridge the gap between theoretical research and practical legal challenges, improving judicial quality.
  3. This synergistic approach could lead to transformative outcomes for the judiciary.

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