Skip to main content

Welcome assurance: On the executive sharing judiciary's burdenT (Hindu )

The importance of cooperation between the executive and the judiciary in dealing with the unacceptably high number of pending cases in the country cannot be overemphasised. For over a year, there were indications of an impasse over judicial appointments between the two branches of the state, mainly after the Supreme Court struck down legislation to establish a National Judicial Appointments Commission. That phase appears to be coming to an end. Prime Minister Narendra Modi’s assurance to the Chief Justice of India, J.S. Khehar, that his government would contribute its share in reducing the judiciary’s burden is a positive gesture that will be welcomed by the legal fraternity. Speaking at a function to mark the 150th anniversary of the Allahabad High Court, Mr. Modi gave the assurance after observing the pain behind the words of Justice Khehar over the increasing backlog of cases. Justice Khehar’s “dil ki baat (talk from the heart)” on the problem underscored an institutional anguish that has gripped the judiciary over time. Successive Chief Justices have brought to the government’s notice the state of affairs with regard to both the alarming docket situation and the chronic shortage of judicial hands in the superior and subordinate judiciary. The previous Chief Justice of India, T.S. Thakur, had highlighted the point in public functions as well as during judicial hearings, once even wondering if the government wanted to bring the judiciary to a grinding halt by its reluctance to fill up vacancies. If the Prime Minister’s latest remarks represent a fresh resolve not to let such an impression gain ground, it will surely represent a new beginning in the executive-judiciary relationship.

Mr. Modi did not spell out whether his assurance to contribute to the process meant his government would expedite the process of appointing judges, but there is no doubt that this will be the most significant contribution as well as the government’s responsibility. Official figures show there are as many as 437 vacancies in the High Courts alone as of March 1, 2017. It is incontestable that any effort to liquidate the arrears of cases would involve a significant increase in the speed at which judicial appointments are processed. Mr. Modi also spoke of the use of technology and digitalisation in the judicial system, a point that is of undoubted relevance when one considers the magnitude of the task of reducing the backlog. There is much that the use of technology can do in both liquidating arrears and expediting processes such as filing of documents and serving of notices. Meanwhile, reports suggest that the government and the Supreme Court Collegium may be close to agreeing on a new Memorandum of Procedure for judicial appointments. If differences that caused a prolonged stand-off are eliminated and a new procedure agreed upon, there cannot be better tidings for the institution.

Popular posts from this blog

SC asks Centre to strike a balance on Rohingya issue (.hindu)

Supreme Court orally indicates that the government should not deport Rohingya “now” as the Centre prevails over it to not record any such views in its formal order, citing “international ramifications”. The Supreme Court on Friday came close to ordering the government not to deport the Rohingya. It finally settled on merely observing that a balance should be struck between humanitarian concern for the community and the country's national security and economic interests. The court was hearing a bunch of petitions, one filed by persons within the Rohingya community, against a proposed move to deport over 40,000 Rohingya refugees. A three-judge Bench, led by Chief Justice of India Dipak Misra, began by orally indicating that the government should not deport Rohingya “now”, but the government prevailed on the court to not pass any formal order, citing “international ramifications”. With this, the status quo continues even though the court gave the community liberty to approach i...

What's ailing Namami Gange programme?(DTE)

Winters are extremely hectic for Sushma Patel, a vegetable grower in Uttar Pradesh’s Chunar town. Her farm is in the fertile plains of Ganga where people grow three crops a year. But this is the only season when she can grow vegetables. And before that, she needs to manually dig out shreds of plastic and wrappers from her one-hectare (ha) farm. “This is all because of the nullah,” she says, pointing at an open drain that runs through her field, carrying sewage from the neighbourhood to the Ganga. “Every monsoon, the drain overflows and inundates the field with a thick, black sludge and plastic debris. We cannot even go near the field as the stench of sewage fills the air,” she says. But Patel has no one to complain to as this is the way of life for most people in this ancient town. About 70 per cent of the people in Chunar depend on toilets that have on-site sanitation, such as septic tanks and pits. In the absence of a proper disposal or management system, people simply dump the faec...

"ISRO has capabilities to build geostationary satellites for air quality monitoring” (downtoearth)

Pawan Gupta's findings on trans-boundary movement of pollution (Punjab to Delhi) from biomass burning in 2015 spurred debates. He participated in discussions with Indian regulators early September at the Better Air Quality Conference in Busan on the advantages of using satellite data for air quality monitoring. He explains to Down to Earth how air quality monitoring is done using satellite data. How is satellite data used to measure air pollution? Satellites that provide information on atmospheric pollutants are normally (not always) in the low earth orbits (400-1000 km above the Earth’s surface). A single satellite can carry one or more remote sensing instruments onboard that look down to earth and obtain information about the object in the field of view of satellite sensor. The Earth receives electromagnetic radiation from the sun, which travels through space and reaches the earth-atmosphere system. The radiation then interacts with the Earth’s atmosphere and the surface...