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Gram Nyayalayas
Context:
- The Supreme Court stressed the importance of establishing Gram Nyayalayas to improve access to justice across the country.
- The court urged the Centre and states to expedite Gram Nyayalaya setup, the Court noted that the sooner these courts are established, the better it would be for ensuring access to justice in rural areas.
About Gram Nyayalayas:
- Constitutional Provision:Under Part IV of the constitution Article 39A: Equal justice and free legal aid.
- The 114th Law Commission Report recommended the creation of Gram Nyayalayas, leading to the Gram Nyayalaya Act of 2008, which aimed to establish these courts at the block level in rural areas.
- The State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts and will hold mobile courts in every village.
- Gram Nyayalayas are presided over by a Nyaya Adhikari, who handles both criminal and civil cases.
- These Nyayadhikaran must meet the eligibility criteria for appointment as a Judicial Magistrate of the first class.
- Representation is provided to Scheduled Castes,Scheduled Tribes, women, and other specified classes or communities during Nyayadhikari appointments.
- The Anita Kushwaha vs. Pushap Sudan (2016) case is a landmark judgement by the Supreme Court of India that significantly expanded the scope of access to justice.
- The Court outlined that access to justice is a fundamental right under Article 21 (right to life and personal liberty) of the Constitution and includes the following key elements:Access to Courts,Timely Justice, Reasonable Cost and Fair Procedure
- This judgement reinforced the need for reforms like Gram Nyayalayas and improved court infrastructure to reduce pendency and enhance justice delivery.
Vacancy, Infancy, and Pendency (VIP) Cholesterol Faced by Indian Judiciary :
- The Indian judicial system faces major challenges, often summarised as VIP Cholesterol: Vacancy, Infancy (of infrastructure), and Pendency.
- According to India Justice Report 2022, High Courts function with 778 judges (out of 1108) and Subordinate Courts with 19,288 judges (out of 24,631), leading to massive vacancies.
- Pendency has reached 5 crore cases:A striking fact about judicial pendency is that only 29% of court cases were constituted in the past year, according to the National Judicial Data Grid (NJDG), with most of these pending cases concentrated in Subordinate Courts.
- Empirical evidence shows a direct link between judicial infrastructure and justice delivery.
- The National Mission for Justice Delivery and Legal Reforms deems adequate infrastructure crucial for reducing case backlogs.
- The National Court Management System (NCMS) also identifies a clear relationship between infrastructure, personnel, digital systems, and pending cases.
- The World Bank has conducted studies linking delays in justice to economic losses, including reduced investment and GDP growth.
Steps to Resolve VIP crisis:
- In the Economic Survey 2018-19 chapter named Ending Matsyanyaya: How To Ramp Up Capacity In The Lower Judiciary, the survey highlights the issues plaguing lower judiciary and suggested corresponding steps.
- Increasing Number of Working Days
- Establishment of Indian Courts and Tribunal Services (ICTS)
- Deployment of Technology
- eCourts Project:A comprehensive initiative to digitise court processes and improve access to justice.
- National Judicial Data Grid (NJDG):A tool for real-time case tracking and management across courts in India.
- In 2021, Justice Ramana proposed the creation of the National Judicial Infrastructure Corporation (NJIC) to address issues like delays in land allotment, fund diversion, and lack of responsibility by high and trial courts.