Why in news?

PM Modi inaugurated the National Conference of District Judiciary on 31st August, 2024 at Bharat Mandapam in New Delhi. On the occasion, Prime Minister also unveiled the stamp and coin commemorating 75 years of the establishment of the Supreme Court of India.

The two-day Conference is being organised by the Supreme Court of India. It will host five working sessions that will deliberate and discuss on the issues related to District Judiciary such as Infrastructure and Human Resources, Inclusive Courtrooms for all, Judicial Security and Judicial Wellness, Case Management and Judicial Training.

What’s in today’s article?

• Modern Judiciary in India
• Key highlights of the speech delivered by PM Modi
• Key highlights of the speech delivered by CJI

Modern Judiciary in India

• Evolution
  • Introduction of Judicial System: The British colonial administration introduced a judicial system in India based on Anglo-Saxon jurisprudence.
  • Royal Charter of 1661: The Royal Charter of Charles II (1661) empowered the Governor and Council to adjudicate civil and criminal cases according to the laws of England.
  • Regulating Act of 1773: This act established the Supreme Court of India in Calcutta, with a Chief Justice and three judges (later reduced to two) appointed by the Crown. It acted as the King's court, not as the East India Company's court.
  • Supreme Courts in Madras and Bombay: Later, Supreme Courts were also established in Madras and Bombay, holding jurisdiction over "His Majesty's subjects."
  • Dual Judicial Systems: During this period, the judicial system had two distinct systems of courts:
    • English System of Royal Courts: Followed English law and procedure in the presidencies.
    • Indian System of Adalat/Sadr Courts: Followed Regulation laws and Personal laws in the provinces.
  • High Court Act of 1861: This act merged the two systems, replacing the Supreme Courts and native courts (Sadr Dewani Adalat and Sadr Nizamat Adalat) in Calcutta, Bombay, and Madras with High Courts.
  • Highest Court of Appeal: The highest court of appeal was the Judicial Committee of the Privy Council.
  • Development of Unified Court System: The British made efforts to develop the Indian legal system into a unified court system.
  • Indian Laws and Courts: Indians had neither their own laws nor courts; both were designed to meet the needs of the colonial power.
  • Government of India Act of 1935 (Section 200): This act set up the Federal Court of India as an intermediate appellate body between High Courts and the Privy Council, especially for interpreting the Indian Constitution.
  • Limited Power of Federal Court: The Federal Court could only issue declaratory judgments, meaning it could declare the law but had no authority to enforce compliance.
  • Judicial Review: The Federal Court's power of 'judicial review' was largely symbolic, with very limited practical power.
  • Federal Court's Continuation: Despite its limitations, the Federal Court continued to function until 26th January 1950, when independent India's Constitution came into force.
• Structure – three-tier division
  • The Judicial system however has a unified structure.
    • The court structure is set as per the judiciary system prevailing in India with differentiation of applicability as per the merit of the case.
    • The normal trend of the judiciary system is to start any general dispute in the lower court which is being escalated as per the satisfaction of the parties to the higher courts.
    • Applicability (jurisdiction)can be determined on: Pecuniary; Territorial; Subject matter.

Key highlights of the speech delivered by PM Modi

• Importance of the Supreme Court's Journey
  • PM Modi emphasized that the 75-year journey of the Supreme Court is not just about an institution but reflects the evolution of the Indian Constitution and the maturing of Bharat as a democracy.
  • He highlighted the contributions of Constitution makers, eminent personalities of the judiciary, and the unwavering faith of citizens in the judiciary.
• Role of the Judiciary in Safeguarding Democracy
  • The judiciary, especially the Supreme Court, is recognized as the custodian of the Constitution.
• Efforts to Modernize the Judiciary
  • PM Modi discussed the government's efforts over the past decade to modernize the judiciary and make justice more accessible.
  • He mentioned the significant investment in judicial infrastructure, noting that a substantial portion of this expenditure has occurred in the last 10 years.
• Technological Advancements in the Judiciary
  • The introduction and expansion of e-Courts have accelerated judicial processes and reduced burdens on legal practitioners and litigants.
  • The government is moving towards a unified technology platform for the judiciary, incorporating emerging technologies like Artificial Intelligence and Optical Character Recognition.
• Bharatiya Nyaya Sanhita and Legal Reforms
  • PM Modi highlighted the new Indian legal code, Bharatiya Nyaya Sanhita, which focuses on 'Citizen First, Dignity First, and Justice First.'
  • He pointed out that these reforms have removed colonial-era laws, introduced strict measures against crimes, and recognized electronic and digital records as evidence.
• Emphasis on Women and Child Safety
  • The safety of women and children is a serious concern, and strict laws have been enacted to address these issues.
  • Fast-track special courts and District Monitoring Committees play a crucial role in ensuring swift justice in cases of atrocities against women.
• Vision for a Developed and New India
  • The judiciary, particularly the District Judiciary, is seen as a strong pillar of the vision for a developed and modern Bharat.
  • PM Modi expressed confidence that the conference discussions would help in meeting the expectations of the nation and contribute to the realization of 'Viksit Bharat' (Developed India) and 'Naya Bharat' (New India).

Key Highlights of Chief Justice of India D Y Chandrachud's Speech

• Promotion of Legal Education in Regional Languages
  • To make legal knowledge accessible to citizens in the language they understand.
  • He expressed hope that legal education in regional languages would produce new bands of lawyers well-equipped to argue in their mother tongues.
• District Judiciary as the "Backbone of the Judiciary"
  • He advocated for ending the practice of referring to the district judiciary as "subordinate judiciary," calling it a relic of the colonial era that should be discarded 75 years after Independence.
• Challenges Faced by the District Judiciary
  • The district judiciary is facing challenges such as citizens' inability to afford legal representation, lack of awareness about statutory rights, and geographical difficulties in accessing courts.
• Adoption of Technology in the Judiciary
  • The CJI highlighted significant advancements in the adoption of technology within the judiciary, including the digitization of court records, the functioning of e-sewa kendras, and the use of video conferencing for case hearings.
  • He emphasized that technology should be fully utilized to ensure that courts remain citizen-centric and accessible to all.
• Increasing Participation of Women in the Judiciary
  • He noted the increasing number of women joining the district judiciary, highlighting that in states like Rajasthan, Delhi, Uttar Pradesh, and Kerala, women have made up a significant percentage of recent judicial appointments.
  • He pointed to this trend as a sign of a promising future for the judiciary, with a young and technologically savvy demographic.
• Translation of Supreme Court Judgments
  • The CJI mentioned that Supreme Court judgments are being translated into all languages recognized by the Constitution, with 73,000 translated judgments already available to the public.