Why in News: Comments by Sanjeev Sanyal, member of the PM’s Economic Advisory Council, labelled the judiciary as the “single biggest hurdle” to India’s goal of becoming Viksit Bharat.
Issues with the Criticism
1. Such remarks oversimplify systemic issues, blaming courts for broader governance failures.
2. Many judicial burdens stem from legislative drafting flaws (e.g., vague or overlapping provisions).
3. Courts implement laws made by Parliament — Section 12A of the Commercial Courts Act, cited by Sanyal, was a legislative, not judicial, creation.
4. The government is India’s largest litigant, filing routine and avoidable appeals, clogging the system.
5. Criticism ignores the judiciary’s constitutional role as a check on executive power, not a tool for expediency.
Structural Realities of the Judiciary
1. Judges handle 50–100 cases daily, with significant preparation outside court hours.
2. Vacations are not leisure breaks but used for writing reserved judgments.
3. India faces one of the world’s heaviest caseloads amid high vacancy rates.
4. Judicial delays are aggravated by outdated infrastructure and procedural rigidity.
5. The district judiciary bears the worst strain, as it handles most citizens’ disputes.
Root Causes Beyond the Judiciary
1. Poorly drafted laws create confusion and litigation (e.g., new criminal codes, tax laws).
2. Bureaucratic and legislative inefficiency burden the courts.
3. Excessive government litigation wastes judicial resources.
4. Lack of administrative discipline and case management worsens pendency.
5. True reform requires joint accountability across all arms of governance.
Way Forward
1. Strengthen judicial infrastructure and staffing.
2. Simplify legislation and improve drafting quality.
3. Create a litigation policy to reduce government cases.
4. Use technology and ADR mechanisms for faster resolution.
5. Respect judicial independence — development must align with constitutional justice, not speed alone.
Conclusion:
Blaming the judiciary for developmental delays is misplaced. Courts mirror broader governance weaknesses; reform must be systemic, not accusatory.
UPSC Relevance:
GS Paper II:
- Functioning of the judiciary and its relationship with the executive and legislature.
Mains Practice Question:
Q. “The judiciary mirrors the governance failures of the State rather than being their cause.” Critically examine this statement in the context of recent criticisms labelling the judiciary as a hurdle to India’s development.