Sanjeev Sanyal suggested that judges should take leave to deliver judgments instead of shutting down the entire judicial system for weeks. He noted that the Supreme Court and High Courts operate for limited periods and take extended vacations. Sanyal emphasized the need for reform, especially given the backlog of millions of pending cases.
Tamil Nadu: Sanjeev Sanyal, a member of the Prime Minister’s Economic Advisory Council, responded to the condemnation issued by the Bar Council of Tamil Nadu and Puducherry regarding his comments on the workings of the judiciary.
Sanjeev Sanyal, a prominent economist, responded critics in a tweet of his stance on judicial reforms by asserting,
“Seems the TN Bar Council has issued a fatwa against me for challenging the efficiency and breaks of the judicial system.”
He further provided a detailed rebuttal to arguments defending the current legal framework.
Sanyal recently pointed out that the Supreme Court and High Courts in India have a system where judges work for only a few years and then take extended vacations. He believes this needs to be changed, especially given the millions of pending cases in the court system.
However, the Bar Council of Tamil Nadu and Puducherry (BCTNP), as well as senior advocate and expert mediator Sriram Panchu, defended the current judicial system. They argue that judges actually spend their holiday periods writing judgments and preparing for upcoming cases. Additionally, they suggested that the larger problem lies with the inefficiency of the bureaucracy, which Sanyal is a part of.
The economist, who is affiliated with the Prime Minister’s Economic Advisory Council, stated,
“I concur entirely. That’s why we’re pushing for procedural reforms. It’s evident that nobody in the bar council has taken the time to peruse any of my works on governmental systems (or economists’ perspectives, for that matter). Nonetheless, this doesn’t excuse maintaining inefficiencies in legal processes,”
Sanyal challenged the assertion that judges draft judgments during vacations and holidays, stating,
“Fair enough, judges are entitled to take leave like any other profession. However, there’s no justification for the entire system to grind to a shut down for extended periods.”
He emphasized that various segments of society, including corporate managers, scientists, politicians, journalists, and civil servants, contribute diligently to India’s progress.
He emphasized,
“We are all contributors to India’s development. No one expects the system to suspend when they take a break.”
The economist mentioned that he’s come across statistics suggesting that around 73 percent of court cases involve government departments.
He stated,
“I’ve heard these figures mentioned before, but when I attempted to verify them with data, I couldn’t find any substantiation. I’d appreciate it if the TN Bar Council could provide me with concrete data so that collectively, as a nation, we can address this issue,”
The BCTNP, an organization representing court officials, condemned Sanyal’s call for reforms in the judiciary. They argued that judges work long hours and have to carry out cumbersome tasks that require them to stay in court beyond regular hours.
The BCTNP President, P S Amalraj, stated,
“Contrary to public perception, judges spend their weekends and vacations writing and correcting judgments and orders.”
Recently, a Vacation Bench of the Supreme Court addressed this criticism, stating, unfortunate that some claim judges work for very few hours. Justice Dipankar Datta explained that those who make such claims are often part of the governance system, and noted that government cases routinely seek condonation of delay, indicating the judiciary’s dedication.
In a podcast, Sanyal advocated for modernizing the justice system, criticizing the “tareekh pe tareekh” (date after date) approach and the extended leaves taken by high courts and the Supreme Court. He argued that these old systems need to be changed, as they are hindering the country’s economic, social, and national progress.
Recently, economist Shamika Ravi presented a study indicating that if the Supreme Court operated every other Saturday, there would have been a 28 percent increase in the number of judgments delivered by now.
Ravi, who also a member of the Prime Minister’s Economic Advisory Council, shared a paper analysing the productivity of the apex court spanning from 1950 to 2019.
The study stated,
“Our analysis reveals that approximately 14,359 additional judgments would have been issued by the Supreme Court if the proportion of judgment days had increased by just 10 percent,”
The proposal ignited a broader discussion on judicial reforms needed in India to cope with the ever increasing demands of a large and complex legal system. It highlights the ongoing search for innovative solutions to perennial problems of delay and efficiency in the judiciary, making it clear that any approach must be carefully considered and holistically integrated into the existing judicial framework.