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GS Paper: Executive & Judiciary

  • Supreme Court guideline for granting Bail

    bail

    Central Idea: The Supreme Court emphasized that orders in bail cases should adhere to the constitutional principle of personal liberty.

    Supreme Court on Bail

    • Short debates: Prolonged debates on bail may prejudice the accused in their case.
    • Upholding liberty: Delays in pronouncing bail decisions impinge on the personal liberty of the undertrial.
    • No extensive discussions and elaborations: The Supreme Court highlights the significance of brevity (state of being brief, concise) in bail orders.
    • No early delving into case details: Long orders may unnecessarily delve into the details of the case, which is not appropriate at the bail stage.
    • Ensuring fairness and impartiality: Such brevity ensures that the case is not unduly influenced or prejudiced during the bail proceedings.
    • Promptness in pronouncing bail decisions: The Court emphasized the need for prompt pronouncement of bail decisions. Every day of waiting affects the personal liberty of the undertrial.

    What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular bail: Regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
    2. Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
    3. Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offence under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

    Why bail needs reform?

    • Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,
    • Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
    • Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
    • Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

    What is the law on bail?

    • The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
    • The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
    • This would involve release on furnishing a bail bond, without or without security.

    Way forward

    • Bail Law would certainly take care of not only the unwarranted arrests but also the clogging of bail applications before various courts.
    • With restrictive bail conditions and a conservative view on bail, we may forget the meaning of personal liberty, which is the greatest of human freedoms enjoyed in India.

     

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  • Bangalore Principles of Judicial Conduct

    banglore

    The Supreme Court of India has directed the Registrar General of the Calcutta High Court to investigate an alleged interview given by a judge to a news channel in which he made remarks against a politician. This is cited against Bangalore Principles of Judicial Conduct.

    What are Bangalore Principles?

    • The Bangalore Code of Judicial Conduct was drafted in 2001 for the Judicial Group on Strengthening Judicial Integrity and presented to the Round Table Meeting of Chief Justices in November 2002.
    • Resolution 23 of the United Nations Social and Economic Council promotes implementation of the Bangalore Principles by the judiciaries of Member States.
    • The principles are intended to establish standards for ethical conduct of judges.
    • They are designed to provide guidance to judges and to offer the judiciary a framework for regulating judicial conduct.

    Six core values recognized

    S. No. Principle Description
    1. Independence Judges must be free to make impartial decisions based on the law and facts, without any influence or pressure from external sources.
    2. Impartiality Judges must be unbiased and treat all parties equally, without any favoritism or discrimination.
    3. Integrity Judges must have high moral and ethical principles, be honest, and act with transparency and fairness.
    4. Propriety Judges must avoid any impropriety or appearance of impropriety, such as conflicts of interest or inappropriate behavior.
    5. Equality Judges must uphold the principle of equality before the law, treating all people with respect and dignity.
    6. Competence and diligence Judges must have the necessary knowledge, skills, and qualities to perform their duties effectively, and must work diligently and efficiently.

     

    Significance of these principles

    • The principles define their meaning and elaborate in detail on what kind of conduct is to be expected in concrete terms of the persons concerned in order to put the respective value into practice.
    • A number of specific instructions are given under each of the values.
    • Not only have some States adopted the Bangalore Principles but others have modelled their own Principles of Judicial Conduct on them.

     

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  • India Justice Report, 2022: Key Highlights

    justice

    Central idea: The third India Justice Report, 2022 analyses the changes – both positive and negative – in India’s justice delivery system across four parameters: police, judiciary, prisons and legal aid.

    India Justice Report

    • The IJR is an initiative of Tata Trusts in collaboration with Centre for Social Justice, Common Cause and Commonwealth Human Rights Initiative among others.
    • It was first published in 2019.

    Below are some of the salient findings of the report – overcrowded prisons, not enough training centres for police personnel, a rising number of pending cases per judge, and more.

    Finding

    Highlights

    Recommendations
    1. Policing concentrated in urban areas
    • 60% of India’s population lives in rural areas, yet police forces are concentrated largely in urban areas.
    • Only six states meet the recommended area coverage of 150 sq. km for a rural police station.
    • Increase recruitment and training of police personnel in rural areas to ensure adequate coverage.
    • Increase police-community engagement and build trust in rural communities.
    2. Police training academies are overloaded
    • India has only 211 training schools and academies for 26.88 lakh police personnel.
    • Training across fields cannot be a one-off event for police personnel.
    • Increase the number of training institutes and the number of personnel trained each year.
    • Allocate a larger portion of the police budget to training.
    3. Prison overcrowding is getting worse
    • Prison populations have risen steadily with the number of people admitted to 1,319 prisons during 2021 increasing by 10.8%.
    • The average prison in the country has an occupancy rate of 130%. In some states, this number is far worse.
    • Invest in building new prisons and expanding existing ones.
    • Explore alternative forms of punishment and rehabilitation for non-violent offenders.
    4. Number of undertrial prisoners increasing
    • 77% of the incarcerated population comprises undertrials.
    • This number has nearly doubled since 2010.
    • Streamline legal processes to reduce the number of undertrials.
    • Increase the use of bail and release on personal recognizance.
    5. Cases pending per judge rising
    • 4.9 Crore cases remain pending across high courts and district courts in the country.
    • Many cases have been pending for over 10 years.
    • Increase the number of judges to reduce the backlog of cases.
    • Modernize court processes with technology to streamline proceedings.
    6. Share of women high court judges remains low
    • Between 2020 and 2022, there was a little less than a two percentage point increase in women’s representation in high courts.
    • Women account for 35% of the total number of judges at the district court level.
    • Implement policies to encourage more women to become judges.
    • Provide training and support for women judges to advance in their careers.
    7. No state/UT fulfilled all quotas for SC/ST/OBC judges at district court level
    • No state/UT could fully meet all its quotas for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
    • Increase recruitment of judges from marginalized communities.
    • Implement policies to encourage and support their advancement in the judiciary.
    8. Allocation to legal aid increasing, but no state/UT used its entire budget allocation
    • Over the last two years, the overall allocation for legal services has increased substantially.
    • No state/UT used its entire budget allocation for legal aid.
    • Ensure efficient utilization of resources for legal aid.
    • Implement monitoring and evaluation mechanisms to track the impact of legal aid on access to justice.
    9. Implementation of victim compensation schemes remains subpar
    • Implementation of victim compensation schemes “remains subpar.”
    • State Legal Aid Service Authorities disposed of only 66% of the 97,037 applications seeking compensation received.
    • Increase awareness of victim compensation schemes. Improve efficiency in processing and disposing of compensation applications.
    • Provide support services for victims, including legal and mental health services.

     

    Conclusion

    • The report highlights that India’s criminal justice system continues to face a wide range of challenges and shortcomings that need to be addressed to ensure the rule of law and equal access to justice.
    • Some of the key areas that require immediate attention include the need for better police training and infrastructure, reducing overcrowding in prisons, and improving the speed and efficiency of the judicial system.
    • Additionally, the report calls for greater attention to be paid to the needs of victims of crime, including improving access to legal aid and victim compensation schemes.
    • By addressing these challenges, India can move closer to achieving a more equitable and effective criminal justice system.

     

  • Foreign lawyers, firms can operate in India: Bar Council

    bar

     

    Central Idea: The Bar Council of India (BCI) has opened up law practice in India to foreign lawyers and law firms. It has framed the ‘Bar Council of India Rules for Registration of Foreign Lawyers and Foreign Law Firms in India, 2021’.

    About Bar Council of India (BCI)

    • The BCI is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India.
    • Its members are elected from amongst the lawyers in India and as such represents the Indian bar.
    • It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar.
    • It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation.

    History

    • In March 1953, the ‘All India Bar Committee’, headed by S. R. Das, submitted a report which proposed the creation of a bar council for each state and an all India bar council as an apex body.
    • It was suggested that the all-India bar council would regulate the legal profession and set the standard of legal education.
    • The Law Commission of India was assigned the job of assembling a report on judicial administration reforms and helps India to reform justice and equity to whole country.
    • In 1961, the Advocates Act was introduced to implement the recommendations made by the ‘All India Bar Committee’ and ‘Law Commission’.

    Functions

    The functions of the Bar Council are to:

    1. Lay down standards of professional conduct and etiquette for advocates.
    2. Lay down procedure to be followed by disciplinary committees
    3. Safeguard the rights, privileges and interests of advocates
    4. Promote and support law reform
    5. Deal with and dispose of any matter which may be referred by a State Bar Council
    6. Promote legal education and lay down standards of legal education.
    7. Determine universities whose degree in law shall be a qualification for enrollment as an advocate.
    8. Conduct seminars on legal topics by eminent jurists and publish journals and papers of legal interest.
    9. Organise and provide legal aid to the poor.
    10. Recognise foreign qualifications in law obtained outside India for admission as an advocate.
    11. Manage and invest funds of the Bar Council.
    12. Provide for the election of its members who shall run the Bar Councils.

    Constitution

    • As per the Advocates Act, the BCI consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members.
    • The council elects its own chairman and vice-chairman for a period of two years from among its members.
    • Assisted by the various committees of the council, the chairman acts as the chief executive and director of the council.

    Why such move?  

    • The BCI notification also stated that the Rules would help to address the concerns expressed about the flow of Foreign Direct Investment into the country.
    • The Rules would also help make India a hub for international commercial arbitration.

    Move to benefit Indian lawyers

    • The rules enable foreign lawyers and law firms to “practice foreign law, diverse international law and international arbitration matters in India on the principle of reciprocity in a well-defined, regulated and controlled manner”.
    • The BCI said that the move would benefit Indian lawyers, whose standards of proficiency in law are comparable with international standards.
    • The legal fraternity in India is not likely to suffer any disadvantage since the move would be mutually beneficial for lawyers from India and abroad.

    How foreign lawyers can begin operating in India?

    • The Rules prescribe that foreign lawyers and firms would not be entitled to practice law in India without registration with the BCI.
    • Foreign lawyers and law firms are not allowed to practice Indian law in any form or before any court of law, tribunal, board or any other authority legally entitled to record evidence on oath.
    • However, the restriction does not apply to law practice by a foreign lawyer or foreign law firm on a ‘fly in and fly out basis’ for the purpose of giving legal advice to a client in India on foreign law or international legal issues.
    • In such a case, the lawyer or firm cannot have an office in India, and their practice cannot exceed 60 days in any 12-month period.

    Requirements for foreign lawyers and firms

    A primary qualification required from foreign lawyers and firms is-

    1. Certificate from the competent authority of their country that they are entitled to practice law in that country.
    2. Undertaking that they shall not practice Indian law in any form or before any court of law, tribunal, board or any other authority legally entitled to record evidence on oath.

     

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  • Election Commission Appointments: Supreme Court’s Landmark Order

    Election

    Central Idea

    • The Supreme Court of India (SC) remains the most powerful centre of political power in the country at a time when almost every political issue is a matter of adjudication before the Court. A neutral body for the selection of the Chief Election Commissioner (CEC) and other Election Commissioners was the principal relief sought in Anoop Baranwal v. Union of India, which has been granted by the Court as per Thursday’s verdict. The judgment revives the era of judicial activism.

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    Anoop Baranwal v. Union of India: The chronology

    • PIL: Current system of appointing Election Commissioners is unconstitutional: In January 2015, Anoop Baranwal filed a PIL on the ground that the current system for appointing members of the Election Commission of India (ECI) is unconstitutional. Currently, the Executive enjoys the power to make appointments.
    • Pleads for Independent system: The PIL pleads for the Court to issue directions to set up an independent, Collegium-like system for ECI appointments.
    • Article 324:
    • Article 324 specifies that while the Chief Election Commissioner and Election Commissioners will be appointed by the President, this is subject to Parliamentary law (if such law exists).
    • While this provision places an expectation on Parliament to draft a relevant a law, it has not done so up until now. In the absence of such a law, the President has been making appointments as per the recommendations of the Prime Minister.
    • Union government’s defence: The Union has defended the current mechanism of appointments, citing the honest record of all past Chief Commissioners.
    • Urged court not to intervene: It has urged the Court to not intervene, submitting that the matter falls within the executive domain.
    • Recent verdict: The Supreme Court held that a committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India will advise the President on appointments to the Election Commission of India until Parliament enacts a law on the subject.

    What are the issues with Election commission?

    • The bone of contention: Petitioners argued that as per Article 324(2), CEC and ECs appointments must be based on a law, but no law was enacted. Taking advantage of this scenario, the dispensation at the Centre chooses the CEC and ECs, who are often seen to act in tune with those in power and those who select them. Therefore, the petitioners pleaded for an independent body for appointments.
    • Immunity for CEC and Susceptibility of ECs: Article 324(5) provides immunity to CEC but not to other ECs. CEC can only be removed like a Supreme Court judge. Other ECs may be more susceptible to the executive due to lack of security of tenure.
    • CEC and EC’s autonomy is linked to their selection process. In an electoral autocracy, executive control undermines fair elections.

    Back to Basics: What is judicial activism and judicial overreach?

    • Judicial Review: It is the process by which a court reviews the constitutionality of a statue or the application of a statute, and rules either for it or against it on that basis.
    • Judicial Activism: It is the view that courts make political rather than legal decisions to further some agenda, rather than strictly reviewing the legality of a law under the letter of the law and prior precedent. It refers to the process in which judiciary steps into the shoes of legislature and comes up with new rules and regulations, which the legislature ought to have done earlier.
    • Judicial Overreach: It refers to an extreme form of judicial activism where arbitrary, unreasonable and frequent interventions are made by judiciary into the legislature’s domain, often with the intention of disrupting the balance of powers between executive, legislature and judiciary.

    Election

    Supreme court’s Judgement: A great leap

    • Great leap towards a sustainable democracy: An independent committee consisting of the prime minister, leader of the opposition in the Lok Sabha or the leader of the largest party in opposition and the Chief Justice of India for selecting the CEC is a great leap towards a sustainable democracy.
    • Total Independence: The far-reaching verdict also means the Election Commission will have an independent secretariat, rule-making powers, an independent budget, and equal protection from impeachment.
    • Bench remarks: Democracy can succeed only if all stakeholders work on it to maintain the purity of the election process, so as to reflect the will of the people.

    Conclusion

    • The recent SC verdict regarding the selection of the commission is not a cure-all solution for electoral democracy. However, it corrects an unjust method of selection and significantly improves the legitimacy of the process.

    Mains Question

    Q. A Constitution Bench of the Supreme Court has ordered that the election commissioners will be appointed on the advice of a committee. Discuss what led to this judgment?

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  • Supreme Court verdict on ECI appointments

    Central idea: The Supreme Court has directed the central government to form a permanent selection committee consisting of consist of the Prime Minister, Leader of the Opposition, and the Chief Justice of India or his nominee to recommend the appointment of Election Commissioners.

    Supreme Court Ruling

    • The Supreme Court ruled that the appointment of the CEC should be made through a transparent and participatory process.
    • It directed the government to set up a permanent selection committee to recommend names for the appointment of the CEC.
    • The committee will consist of the Prime Minister, Leader of Opposition, and Chief Justice of India or his nominee.
    • The court emphasized that the appointment process should ensure the independence of the Election Commission and be free from executive interference.

    Why such move?

    • The ruling will bring more transparency and accountability to the appointment process of the CEC.
    • It will prevent any undue influence by the ruling government in the appointment of the CEC.
    • The ruling also reinforces the importance of an independent Election Commission in ensuring the fairness of the democratic process in India.

    Why did the SC debate the issue?

    • In 2015, a PIL was filed challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
    • In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution.

    What is the challenge?

    Article 324(2) states that the President appoints the Chief Election Commissioner and other Election Commissioners, subject to any law made by Parliament.

    • Absence of law: The crux of the challenge is that since there is no law made by Parliament on this issue.
    • Urge for judicial intervention: The Court must step in to fill the constitutional vacuum, urges the PIL.
    • Question of executive non-interference: This examination also leads to the larger question of separation of powers and if the judiciary is overstepping its role in filling this gap in the law.

    About Election Commission of India

    • The ECI is a constitutional authority whose responsibilities and powers are prescribed in the Constitution of India under Article 324.
    • In the performance of its functions, the Election Commission is insulated from executive interference.
    • It is the Commission that decides the election schedules for the conduct of elections, whether general elections or by-elections.
    • ECI decides on the location of polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters.

    Litigations against EC

    • The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions.
    • By long-standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls.

    Why is EC under lens these days?

    • Executive interference: ECs are expected to maintain distance from the executive — a constitutional safeguard to insulate the commission from external pressure and allow it to continue as an independent authority.
    • Violating official channels: The EC’s communication with the Government on election matters is through the bureaucracy — either with its administrative ministry — the Law Ministry or the Home Ministry.
    • Breach of protocol: The Law Ministry spells the fine print on law for the country and is expected not to breach the constitutional safeguard provided to the commission to ensure its autonomy.

    Recent incidence of criticisms

    Ans. Partiality in Elections

    • Over the last couple of years, several actions and omissions of the commission have come in for criticism.
    • Nearly 66 former bureaucrats in a letter addressed to the President, expressed their concern over the working of the Election Commission.
    • They felt was suffering from a credibility crisis, citing various violations of the model code of conduct during the 2019 Lok Sabha Elections.

    Importance of ECI for India

    • Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
    • Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
    • Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
    • Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
      equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
    • Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.

    Issues with ECI

    • Flaws in the composition: The Constitution doesn’t prescribe qualifications for members of the EC. They are not debarred from future appointments after retiring or resigning.
    • No security of tenure: Election commissioners aren’t constitutionally protected with the security of tenure.
    • Partisan role: The EC has come under the scanner like never before, with increasing incidents of breach of the Model Code of Conduct in the 2019 general elections.
    • Political favor: The opposition alleged that the ECI was favoring the ruling party by giving a clean chit to the model code of conduct violations made by the PM.
    • Non-competence: Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.

     

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  • What is a Caveat in Judiciary?

    Recently, the Supreme Court bench reprimanded a law student for filing a caveat in a petition seeking menstrual leave for female students and working women across Indian institutions.

    What is a Caveat?

    • In common parlance, a caveat refers to “warning” or “caution”.
    • However, legally it connotes a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
    • The person lodging the caveat is called a “caveator”.
    • The provision was inserted by the Amendment Act of 1976 after the Law Commission’s recommendation by Section 148A of the Civil Procedure Code (CPC).
    • However, the term is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling.

    Who can fill the Caveat?

    • Any person has a right to lodge a caveat in a Court.
    • Any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
    • The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application

     

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  • CJI announces launch of ‘Neutral Citations’ for SC judgements

    The CJI expressed hope that High Courts too would follow neutral citation for their judgments. The Delhi, Kerala, and Madras HCs have already introduced neutral citation.

    What is a “Citation”?

    • A case citation is essentially an identification tag for a judgment.
    • Typically, it would contain a reference number, the year of the judgment, the name of the court that delivered that judgment, and a shorthand for the journal publishing the judgment.

    And what is a neutral citation?

    • A neutral citation would mean that the court would assign its own citation — distinct from those given by traditional Law Reporters.
    • Law Reporters are periodicals or annual digests that publish judgments, often with an editorial note to make it accessible for lawyers to refer to precedents.
    • For example, for the landmark Kesavananda Bharati case, the citation in ‘Supreme Court Cases’, a journal published by the Eastern Book Company, is (1973) 4 SCC 225.
    • In the All India Reporter (AIR), the citation is AIR 1973 SC 1461.

    Why is a neutral system good or necessary?

    • Judgments mention citations while referring to precedents and often use citations from different Law Reporters.
    • With artificial intelligence (AI) enabled translation of judgments and transcribing of court proceedings, a uniform citation is necessary.
    • Several High Courts including Delhi High Court have started a neutral citation format.
    • The Delhi HC neutral citation is, for example, in this format: No-YEAR/DHC/XXXXXX

    How will the SC implement the neutral citation system?

    • Our recent initiative is neutral citations for all judgments of the Supreme Court.
    • So all 30,000 judgments are going to have neutral citations.
    • First tranche will be till January 1, 2023, then the other tranche will be till judgments from 2014 and then finally we will go back to 1950.

     

     

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  • Live transcription of Supreme Court proceedings introduced

    live

    Central idea: The Supreme Court introduced live transcription of court proceedings for the first time in the country, employing artificial intelligence (AI) and high-tech tools.

    Fun fact!

    The CJI announced that the live transcription will commence on an experimental basis with the constitution bench hearing on the vertical political split in a mainstream Maharashtrian political party.

     

    How does AI-based transcription work?

    • AI-based transcription works by using advanced machine learning algorithms to automatically transcribe audio or video content into written text.
    • The software uses natural language processing (NLP) and speech recognition technology to identify and transcribe spoken words, which are then formatted into a text document.

    What is Natural Language Processing (NLP)?

    • Natural Language Processing (NLP) is a subfield of computer science, artificial intelligence, and computational linguistics concerned with the interactions between computers and human (natural) languages.
    • It involves developing algorithms and computational models that can understand, interpret, and generate human language.
    • NLP is used in a variety of applications, including language translation, sentiment analysis, text summarization, speech recognition, and more.
    • It combines techniques from computer science, linguistics, and psychology to enable computers to process and understand natural language.

    Benefits of the move

    • Improved access to justice: For the hearing impaired and those with limited understanding of English.
    • Enhanced transparency and accountability: The transcripts can be reviewed and analyzed.
    • Reduced errors and inaccuracies: AI-based technology is more efficient and reliable than human transcriptionists.
    • Time-saving and cost-saving: For the court system and litigants, as live transcription eliminates the need for manual transcription and subsequent editing making justice dispensation faster than ever.
    • Legal awareness in public domain: Availability of real-time transcripts can help journalists and researchers report on court proceedings more accurately and quickly.

    Other AI solutions used in Indian Judiciary

    • E-SCR project: The electronic Supreme Court Reports (e-SCR) has more than 34,000 judgments available, accords free access to the official law reports of the Supreme Court’s reported Judgments to the law students, lawyers, and other legal professionals and to the public at large with special tools for the accessibility to those with visual disabilities as well.
    • SUPACE: Supreme Court Portal for Assistance in Courts Efficiency (SUPACE) is a tool that collects relevant facts and laws and makes them available to a judge.
    • SCI-Interact: In 2020, the Supreme Court developed a software called, SCI-Interact, to make all its 17 benches paperless. This software helps judges’ access files, annexures to petitions and make notes on computers.
    • LIMBS: Earlier, the Department of Legal Affairs has introduced a web-based application called LIMBS or Legal Information Management & Briefing System. The idea is to track the entire life cycle of a case efficiently.
    • SUVAAS: In November 2019, the Apex Court launched an indigenously engineered neural translation tool, SUVAAS, to translate judicial orders and rulings from English to vernacular languages faster and efficiently.

    Challenges for the AI breakthrough

    • Cost and Resources: The implementation of live transcription would require significant financial and technological resources.
    • Accuracy of Transcription: The accuracy of the live transcription is an important issue as any errors in the transcription could have significant implications, particularly in legal proceedings.
    • Privacy and Security: The live transcription of court proceedings could raise concerns about privacy and security as sensitive information could be disclosed or key judicial interpretations could be tampered.

    Way forward

    • The ethical and responsible use of AI and ML for the advancement of efficiency enhancing can be increasingly embedded in legal and judicial processes.
    • The Supreme Court has laid a strong foundation basis which efficiency enhancement can be accelerated across functional processes.
    • This is one of the key reasons why justice delivery in India is poised for transformative change.

     

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  • Debating the Abolition of Judicial Vacations

    Central Idea

    • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
    • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

    Vacation in Judiciary

    • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
    • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

    Understanding Vacation Benches

    • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
    • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
    • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

    Historical Significance and Notable Cases:

    • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
    • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

    Debates and Arguments Surrounding Vacation Benches

    [A] Arguments in Favor:

    • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
    • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
    • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

    [B] Arguments Against:

    • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
    • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

    Calls for Reform

    • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
    • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
    • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
    • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

    Proposed Approach and Suggested Changes

    • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
    • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
    • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

    Conclusion

    • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
    • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.