“Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian courts, which impede access to Justice.”
Niti Ayog, in its report titled “Strategy For New India @ 75”, has given important suggestions for judicial and legal reforms. The apex planning body has mooted an All-India judicial services examination on a ranking basis to maintain high standards in the judiciary.
The report stated: “The selection process may be entrusted to the Union Public Service Commission (UPSC) for a cadre of lower judiciary judges (first induction level), Indian Legal Service (both centre and states), prosecutors, legal advisors, and legal draftsmen. This will attract young and bright law graduates and help build a new cadre that can enhance accountability in the governance system.”
Another significant suggestion is to consider a mechanism whereby litigants in a commercial dispute must first be made to exhaust the remedy of pre-institution mediation and settlement. “However, it should be ensured that such cases do not create one more stratum in litigation,” it cautioned.
It said that a study carried out by the Ministry of Finance found that it takes, on an average, almost 20 years for a property-related dispute to be resolved, and that it would take 324 years just to clear the present backlog at the current rate of disposal.
The following ‘capacity building and sustainable solutions’ were suggested by the Niti Ayog to resolve the backlog problem:
It also gave some other suggestions for judicial reforms:
On legal reforms, the suggestions are as follows: