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Subject: Judiciary

  • Relevance of Constitution Benches in the Supreme Court

    Constitution Bench

    Central Idea

    • CJI D.Y. Chandrachud, took a moment to address a lawyer’s misconceptions regarding the purpose of Constitution Benches in the Supreme Court.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras, 1950 (Preventive detention)
    2. Ashoka Kumar Thakur v. Union of India, 1972 (OBC reservations) etc.
    3. Kesavananda Bharati v. State of Kerala, 1973 (Basic structure doctrine) and

    Critique and Response

    • A Lawyer’s Concern: A litigant had expressed concerns in a letter to the top court’s Secretary General, suggesting that the court was investing excessive time in Constitution Bench cases, neglecting public interest petitions that directly impact common individuals.
    • Court’s Defense: CJI challenged this notion, emphasizing that not all Constitution Bench cases revolve around the interpretation of the Constitution.
    • Examples Matter: He provided an example of a recent Constitution Bench case concerning whether a person holding a light motor vehicle license can operate a commercial vehicle. This directly affects the livelihood of countless drivers across the nation.

    CJI Dispelling Misconceptions

    • Not Just “Fancy” Matters: CJI clarified that the Supreme Court doesn’t convene Constitution Benches solely for matters detached from the everyday concerns of ordinary citizens.
    • Voice of the Nation: He highlighted instances like the Article 370 abrogation challenge, where the court engaged with the “voice of the nation.” Stakeholders from the Valley actively participated in extensive hearings.

    Arguments against such hearings

    • People’s Perspective: The Advocate clarified that his objection wasn’t against the court hearing Constitution Bench matters but rather the court’s engagement in public policy issues without adequate public input.
    • Court’s Response: CJI countered this argument, citing the Article 370 case as an example where groups of individual interveners from the Valley actively presented their perspectives to the court.

    Conclusion

    • Balancing Act: CJI’s remarks underscore the delicate balance between addressing constitutional matters and matters of public interest, highlighting that both have their place in the Supreme Court’s agenda.
    • Inclusive Justice: The exchange between the Chief Justice and the lawyer reflects the importance of ensuring that the court’s decisions consider the perspectives and concerns of the broader public, especially in cases with significant societal impact.

  • Deconstructing Gender Stereotypes: The Supreme Court’s Handbook

    gender

    Central Idea

    • The Supreme Court of India has taken a significant step to challenge outdated ideas, especially those affecting women, by releasing a special guide.
    • This guide introduces new words for lawyers and judges to use in court, aiming to fight harmful beliefs.

    Handbook on Combating Gender Stereotypes

    • The handbook provides a list of biased words and suggests better alternatives for legal documents.
    • Its main aim is to provide legal experts with the means to “identify, understand, and challenge stereotypes about women.”
    • It includes a list of terms that promote gender bias and offers alternative, fairer terms to be used in legal documents.

    Objective and Scope of the Handbook

    • Challenging Old Beliefs: The Supreme Court’s initiative aims to discard old-fashioned and harmful stereotypes, particularly those related to women, through the ‘Handbook on Combating Gender Stereotypes.’
    • CJI’s Vision: The handbook is introduced by Chief Justice D.Y. Chandrachud, who explains its purpose: to help legal professionals recognize and counter gender-based stereotypes.
    • Language Transformation: The handbook includes a glossary of terms that contribute to gender bias and suggests better alternatives to be used in legal writings.

    Why such a move?

    [A] Language inflicting Stereotypes

    • The handbook points out terms in legal language that promote gender bias and provides suggestions for change.
    • Examples of Change: Instead of using “adulteress,” the handbook recommends using “Woman who has engaged in sexual relations outside of marriage” to avoid disrespectful language.
    • Removing Biases: The handbook encourages using simple terms like “woman” and “wife” instead of prefixes like “chaste” or “obedient.”
    • Using Neutral Language: Instead of negatively using “effeminate,” the handbook suggests using neutral terms like “confident” or “responsible.”

    [B] Avoiding labelling

    • Empowering Language: The handbook suggests using “survivor” or “victim” to describe individuals affected by sexual violence.
    • Respecting Preferences: The choice between “survivor” and “victim” should be based on the individual’s preference.

    [C] Conscious Reporting of Cases

    • Separating Attire and Consent: The handbook emphasizes that a person’s clothing should never excuse unwanted touching; consent remains essential.
    • Breaking Stereotypes: The handbook rejects the idea that delayed reporting of sexual assault means it didn’t happen.
    • Encouraging Reporting: The handbook acknowledges the bravery required to report sexual offenses due to societal pressures.

    Negative Effects of Gender Stereotypes

    • Widespread Impact: Gender stereotypes lead to exclusion and prejudice in workplaces, schools, and public places.
    • Education Example: The handbook illustrates how stereotypes affect students from marginalized communities, adding stress during exams.
    • Government Data: Minister Subhas Sarkar’s data on dropout rates among marginalized students is shared as an example.

    Legal reforms rebutting Gender Stereotypes

    • Cases for Equality: The Supreme Court points out cases that reject stereotypes, like Joseph Shine vs. Union of India, which struck down the “adultery” law.
    • Example Rulings: The court’s decisions in cases like the State of Jharkhand vs. Shailendra Kumar Rai and the State of Punjab vs. Gurmit Singh are explained.

    Conclusion

    • By offering alternatives to outdated and biased language, the handbook aims not only to reshape legal discussions but also societal viewpoints.
    • Its potential impact is anticipated to extend beyond legal matters, influencing everyday perspectives and contributing to a more equitable society.

  • SC Collegium proposes new CJs to 7 High Courts

    collegium

    Central Idea

    • The Supreme Court Collegium, led by Chief Justice of India D. Y. Chandrachud, has recommended new Chief Justices for seven major High Courts in India.
    • The recommendations focus on criteria such as seniority, regional representation, and gender diversity.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    Functions of the Collegium

    (1) Appointment of CJI

    • The President of India appoints the CJI and other Supreme Court judges.
    • The outgoing CJI recommends his successor, and the appointment is typically made based on seniority, following the controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President on the appointment.

    (2) Appointment of Other SC Judges

    • The proposal for appointing other judges to the Supreme Court is initiated by the CJI.
    • The CJI consults other members of the Collegium, as well as the senior-most judge from the High Court to which the recommended person belongs.
    • The opinions of the consultees must be recorded in writing and included in the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister for the President’s advice.

    (3) Appointment of High Court Judges

    • Chief Justices (CJs) of High Courts are appointed based on the policy of having Chief Justices from outside the respective states. The Collegium makes the final decision on their elevation.
    • The appointment of High Court judges is recommended by a Collegium consisting of the CJI and two senior-most judges.
    • The Chief Justice of the High Court concerned initiates the proposal in consultation with two senior-most colleagues.
    • The recommendation is then sent to the Chief Minister, who advises the Governor to forward the proposal to the Union Law Minister.

    (4) Transfer Recommendations by the Collegium

    • The Collegium is also responsible for recommending transfers of Chief Justices and other judges.
    • Article 222 of the Constitution allows for the transfer of judges from one High Court to another.
    • When a Chief Justice is transferred, a replacement must be simultaneously appointed for the concerned High Court. An acting Chief Justice can be appointed for a maximum of one month.
    • In transfer matters, the CJI’s opinion is determinative, and the consent of the judge being transferred is not required.
    • However, the CJI should consider the views of the Chief Justice of the concerned High Court and one or more Supreme Court judges who are in a position to provide their opinions.
    • All transfers must be made in the public interest, aiming for the betterment of the administration of justice.

     

  • What is a Constitution Bench?

    Central Idea: A new Constitution Bench led by Chief Justice of India D.Y. Chandrachud is scheduled to start hearing a list of some cases from July 12.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

  • [pib] Nyaya Vikas Portal

    Central Idea: The Nyaya Vikas Portal has been created for monitoring the implementation of the Centrally Sponsored, Nyaya Vikas Scheme.

    What is Nyaya Vikas Program?

    • Initiated by the Department of Justice in 1993-94.
    • Aims to develop infrastructure facilities for districts and subordinate judiciary.
    • Provides central assistance to state governments and UT administrations for constructing court halls and residential units.
    • Extended beyond March 31, 2021, with additional features for convenience, such as lawyers’ halls, toilet complexes, and digital computer rooms.
    • Funding sharing pattern: 60:40 between the central government and state governments (excluding North Eastern and Himalayan States), 90:10 for North Eastern and Himalayan States, and 100% for Union Territories.

    About Nyaya Vikas Portal

    • The Nyaya Vikas Portal has been created to monitor the implementation of the CSS for Development of Infrastructure Facilities for Districts and Subordinate Judiciary.
    • It allows stakeholders to log in through four efficient ways, providing seamless access to information related to funding, documentation, project monitoring, and approval.
    • The portal ensures transparency and accessibility by providing stakeholders with a centralized platform to access information about funding, documentation, project monitoring, and approval processes.

    Impact of the Scheme

    • Improved infrastructure: The portal’s monitoring capabilities contribute to the effective utilization of funds for constructing court halls, residential units, lawyers’ halls, toilet complexes, and digital computer rooms.
    • Enhanced judicial services: By providing better infrastructure and facilities, the portal enhances the delivery of judicial services to lawyers, litigants, and judicial officers.
    • Strengthened rule of law: The efficient implementation of the scheme through the portal strengthens the rule of law by ensuring access to justice and adequate infrastructure for the judiciary.

  • Live streaming of Court Proceedings

    live streaming court

    Central Idea

    • The significance of live-streaming court proceedings as an extension of the ‘open justice’ and ‘open courts’ principle remains largely unrealized in India.
    • Only nine out of the 25 High Courts in the country have implemented live streaming, while the Supreme Court restricts it to Constitutional cases.

    What is live-streaming technology?

    • At its core, streaming content is meant to help people attend events, expos, and experiences they cannot attend in person.
    • Live streaming technology is how videos are streamed over the internet, live, in real-time, as they are being recorded.
    • Live streaming technology is the internet’s response to live television broadcasts, with the most popular being news shows and sports.

    Why discuss this?

    • The Supreme Court emphasized the need for live streaming in district courts and High Courts as these are the courts where most citizens seek justice.
    • Time and resource constraints, as well as the inability to travel long distances, limit public access to court hearings.
    • Videoconferencing became essential since the COVID-19 pandemic, as physical hearings were not possible.

    Early Adopters

    • The Gujarat HC pioneered live streaming in October 2020, streaming proceedings on YouTube as an experiment.
    • Other HCs, such as Karnataka and Meghalaya, followed with varying degrees of success.
    • The Gujarat HC’s YouTube channel gained 1.24 lakh subscribers and 1.9 crore views.

    Existing Restrictions

    • Model Rules for Live Streaming and Recording of Court Proceedings: These exclude certain case categories from live streaming, including matrimonial matters, child adoption and custody, sexual offences, child sexual abuse, and juvenile cases.
    • Broadcasting rights issue: The Delhi High Court notified rules for live streaming proceedings but imposed restrictions such as a ban on reproducing or transmitting audio-visual recordings.

    Significance of live streaming

    • Instilling Faith in the Judiciary: Allowing ordinary people to view the workings of the highest court without barriers builds faith in the judiciary.
    • Empowering the Masses: Live streaming enables the legal system to empower the masses and develop an informed citizenry.
    • Respect for Rule of Law: Understanding the importance of the rule of law and how the judiciary protects the rights of marginalized sections of society.
    • Living up to Constitutional Expectations: Live streaming aligns with public interest and the preservation of constitutional Article 19 and 21.
    • Increased Transparency: Encourages the principle of open court, reduces reliance on second-hand information, and allows the public’s right to know.
    • Elevating Legal Standards: Lawyers become better prepared, refrain from irresponsible remarks, and take justice delivery more seriously.
    • Level Playing Field: Provides equal opportunities for younger lawyers to showcase their skills and competence.
    • Academic Advancement: Inspires law students and encourages legal research on the functioning of the judiciary and the legal profession.
    • Easy Accessibility: Eliminates the need for physical presence, allowing litigants to access proceedings from anywhere.

    Issues with such policy

    • Contempt of Court: Existing video clips of court proceedings on social media platforms often lack context and sensationalize events, potentially undermining the dignity of the court.
    • Disinformation and Sensationalism: There are concerns that misuse or selective use of live streaming content may contribute to the spread of disinformation among the public.
    • Unnecessary Activism: Increased visibility through live streaming could lead to justices behaving like politicians, seeking individual exposure rather than focusing solely on justice.

    Physical barriers for it

    • Internet Connectivity: Issues related to internet connectivity may hinder seamless live streaming, requiring attention for reliable access to court proceedings.
    • Adequate Infrastructure: Provision of well-equipped spaces where lawyers can effectively present their cases is crucial for a smooth transition to live-streamed proceedings.
    • Awareness and Training: Judges, court staff, and lawyers may lack familiarity with digital technology and its benefits. Efforts should be made to raise awareness and provide comprehensive training to ensure their proficiency.

    Global examples

    • Several countries, including the United States, Brazil, the United Kingdom, Canada, and China, have implemented live streaming of court proceedings in various formats.
    • Live streaming formats include audio recordings (US), video recordings streamed on television (Brazil), video streaming on court websites (UK, Canada), and live streaming from trial courts up to the supreme court (China).

    Way Forward

    To promote open justice and improve access to justice, the following steps are recommended:

    • Implementation of live streaming in all courtrooms of the Supreme Court and across all High Courts and district courts.
    • Ensuring adequate infrastructure for videoconferencing and live streaming beyond the pandemic.
    • Reviewing and revising restrictions on live streaming to strike a balance between transparency and privacy concerns.
    • Conducting awareness campaigns to educate the public about the availability and benefits of live-streamed court proceedings.

     

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  • Why do judges seek ‘RECUSAL’ for themselves?

    Central Idea

    Recusals by judges have been a frequent occurrence in recent weeks, raising important questions about the circumstances under which judges should recuse themselves, the need for recording reasons for recusal, and the reliance on individual judges’ discretion.

    What is Recusal?

    • Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
    • Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
    • For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
    • Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
    • A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

    Reasons for Judicial Recusal

    • Conflict of interest: Recusal often occurs when a judge has a direct conflict of interest or a prior association with the parties involved in a case. For instance, if a judge holds stakes in a company involved in the case, it would be reasonable to recuse themselves.
    • Earlier difference of opinion: Similarly, if the judge previously represented one of the parties in a case, recusal may be necessary.
    • Prevent bias: Some judges may recuse themselves based on apprehension of bias, while others may refuse to withdraw, considering the potential damage to the institution.
    • Absence of Codified Rules: India currently lacks codified rules specifically governing recusals, but the Supreme Court has addressed the issue through various judgments.

    Procedure for Recusal

    • Automatic and Plea-based Recusal: Recusal can happen automatically when a judge recognizes a conflict of interest or when a party raises a plea for recusal due to bias or personal interest.
    • Judge’s Discretion: The decision to recuse rests solely on the conscience and discretion of the judge; no party can compel a judge to withdraw.
    • Transfer of the Case: When a judge recuses, the case is transferred to the Chief Justice, who reassigns it to an alternate bench to ensure the continuity of proceedings.

    Recording Reasons for Recusal

    • Responsibility of Judges: Since there are no statutory rules, judges are responsible for recording their reasons for recusal.
    • Oral or Written Disclosure: Reasons for recusal can be specified orally in open court or through a written order, or they may remain undisclosed.

    Criticism

    • Lack of transparency: This regarding reasons for recusal has faced criticism, particularly when mass recusals occur in sensitive cases.
    • Motives undisclosed: Some judgments have argued for the need to indicate reasons to avoid attributing motives to recusals, while others express concerns that specifying reasons could lead to challenges and hinder the recusal process.
    • Inevitable delay: Recusal inevitably leads to delays in the proceedings as the case is transferred back to the Chief Justice, who must assign it to a fresh bench.

    Past Supreme Court Rules on Recusal

    • Factors for Impartiality: The Supreme Court has established various factors to determine the impartiality of a judge in previous judgments.
    • Reasonableness of Apprehension: The reasonableness of the party’s apprehension of bias is a crucial consideration when deciding whether recusal is necessary.
    • Definition of Judicial Bias: Judicial bias is defined as a predisposition that compromises a judge’s impartiality.
    • Real Danger Test: Pecuniary interests automatically disqualify a judge, while other cases require applying the “real danger” test to evaluate the possibility of bias.

    Issues with Recusal

    • Abdication of Duty: Recusal has been viewed as a potential abdication of a judge’s duty, raising concerns about maintaining institutional civility while fulfilling the independent role of judges as adjudicators.
    • Importance of Providing Reasons: Justice Kurian Joseph, in his separate opinion in the 2015 National Judicial Appointments Commission (NJAC) judgment, emphasized the importance of judges providing reasons for recusal to enhance transparency.
    • Constitutional Duty for Transparency: Indicating reasons for recusal is a constitutional duty, reflecting the need for judges to be transparent and accountable.

    Practices in Foreign Jurisdictions

    • United States: It has well-defined laws and codes that explicitly detail grounds for recusal, such as financial interests, prior involvement as a lawyer or witness, and relationships with parties.
    • United Kingdom: It has adopted the “real danger” test to disqualify judges based on substantive evidence of bias, although this approach has faced criticism.

    Importance of Appearance of Bias

    • The European Convention of Human Rights emphasizes the significance of the “appearance of bias” to ensure fairness from the perspective of a reasonable observer.

    Way Forward

    • To ensure fairness and maintain public trust in the justice system, it is crucial to establish clear guidelines and rules for recusal in India.
    • Codifying principles, requiring judges to record reasons for recusal, and promoting transparency can address concerns about bias and uphold the integrity of the judiciary.
    • Learning from foreign jurisdictions, such as studying the comprehensive recusal laws in the United States, can provide valuable insights for developing a robust framework for recusal in India.
    • Enhancing transparency and accountability in the recusal process will contribute to a stronger and more trusted judicial system.

     

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  • 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.