Need of Research Assistants in District Courts
Context:
In 1987, when India had only 10.5 judges per million people, the 120th Law Commission recommended increasing this figure to 50 judges per million. Four decades later, the country still lags behind, with just 21 judges per million.
The Unfulfilled Mandate
- In 2002, the Supreme Court, in All India Judges Association vs. Union of India, directed the government to achieve the recommended benchmark of 50 judges per million within five years.
- Had this directive been implemented, India’s judge strength would have exceeded 50,000 by 2007.
- Instead, there are only about 25,000 sanctioned judicial posts today, with a significant portion lying vacant in many states.
AI and Courts
SUVAS (Supreme Court Vidhik Anuvaad Software): This tool facilitates the translation of judicial documents into various vernacular languages, improving accessibility for non-English speakers and promoting inclusivity in the legal system.
SUPACE (Supreme Court Portal for Assistance in Court Efficiency): Designed to streamline court processes, SUPACE aids in case management, automating tasks such as scheduling and document analysis, thereby reducing delays in the judicial system.
AI Saransh: Developed by the National Informatics Centre, this tool generates summaries of legal pleadings, highlighting contentious issues between parties, which helps judges quickly grasp the core aspects of cases.
TERES: An AI-enabled transcription tool that assists in transcribing oral arguments and judgments, enhancing the accuracy and speed of record-keeping in courts.
Barriers to Progress
- Financial and Logistical Challenges: Increasing the number of judges requires proportional growth in infrastructure and personnel.
- Each new district court judge needs an estimated eight additional staff, including registrars, clerks, and stenographers, along with courtrooms and housing.
- This necessitates substantial financial investment.
- However, a cost-benefit analysis would reveal that the economic impact of judicial delays far outweighs the costs of expanding judicial resources.
- Lack of a Unified Approach: The judiciary has struggled to adopt a consistent methodology to calculate judge strength. Over the years, various reports have proposed different benchmarks:
- 1987: The Law Commission recommended raising the number of judges from 7,500 to 40,000 within five years.
- 2014: A Law Commission experiment across 14 states suggested adding 11,677 judges to handle pending cases and 348 judges for new cases.
- 2016: A Supreme Court report projected the need for 40,000–80,000 district court judges by 2040.
- 2019: The National Court Management Systems Committee proposed the “Time Weighted Disposal Method” to assess judge requirements.
- Despite these recommendations, consensus among the judiciary, Bar, and executive remains elusive.
- Overburdened District Courts: District courts, the backbone of India’s judiciary, face immense challenges.
- Judges are overwhelmed with administrative tasks in addition to their judicial responsibilities.
- For instance, Principal District Judges oversee case filings, record maintenance, property management, legal aid programs, and more.
- High caseloads leave judges with limited time to review evidence, differentiate key witnesses, and prepare for complex cases, especially in financial crimes.
Making Judicial Careers Attractive
To address the growing backlog of over 4.5 crore pending cases, systemic reforms are imperative.
- Judicial Clerkships: Currently, judges in the Supreme Court and High Courts rely on paid clerks who assist with legal research, case briefs, and minute-taking. These clerks enhance the quality and efficiency of judicial decisions.
- Extending this model to district courts could yield significant benefits.
- Incentives for States: The central government could support states by partially funding these positions, encouraging widespread implementation.
- Such measures would not only reduce judicial delays but also attract talented law graduates to pursue careers in the judiciary.
- Strengthening the Justice System’s Backbone: India’s district courts are pivotal to ensuring timely and effective justice.
- Yet, without adequate resources and personnel, they struggle to meet the growing demands of an overburdened system.
- By doubling judge strength, improving infrastructure, and instituting research clerkships, India can address its judicial deficit and restore faith in its justice system.
