The Committee decided not to pursue its previous suggestions regarding the potential increase in the retirement age of High Court and Supreme Court judges, as well as the appointment of vacancies within the higher judiciary.
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NEW DELHI: The Union Law Ministry has embraced the recommendation of a Parliamentary Committee to establish regional benches of the Supreme Court across India. This decision, rooted in the 133rd report of the committee, aims to enhance access to justice, a fundamental right enshrined in the Constitution, and address the burgeoning caseload of the judiciary.
The committee’s advocacy for regional Supreme Court benches is seen as a pivotal solution to the challenges of judicial accessibility and the escalating costs of litigation for the common man. Despite the Supreme Court’s historical resistance to the idea of establishing branches outside Delhi, the committee underscored the pressing need for such a measure, highlighting the Supreme Court’s referral of the National Court of Appeal issue to a Constitution Bench.
Furthermore, the committee recommended the preparation and publication of annual reports by High Courts and the Supreme Court, detailing their yearly activities. This initiative, inspired by the Orissa High Court’s precedent, has already seen the Chief Justice of India and Chief Justices of all High Courts being urged in June 2023 to adopt similar practices, aiming for transparency and accountability in judicial proceedings.
Another significant recommendation from the committee pertains to the retirement age of High Court and Supreme Court judges. Citing advancements in medical science that have extended healthy life expectancy, the committee suggested increasing judges’ retirement age. However, the government expressed concerns over the practicality of such a measure, fearing it could lead to endless extensions and potentially compromise the impartiality of the judiciary by introducing performance-based evaluations at the time of retirement.
The report also touched upon the critical issue of social diversity in judicial appointments, noting the existing ‘diversity deficit’ within the higher judiciary. The government acknowledged the importance of representing Scheduled Castes, Scheduled Tribes, Other Backward Classes, women, and minorities within the judiciary and emphasized its commitment to ensuring social diversity in future appointments. It highlighted the judiciary’s role in initiating proposals for appointments and urged the inclusion of diverse candidates to reflect the country’s social fabric.
As the recommendations of the 133rd report gain traction, the Law Ministry’s acceptance marks a significant step towards reforming India’s judicial system. The proposed changes aim not only to make justice more accessible and reduce the financial burden on litigants but also to ensure that the judiciary mirrors the diverse society it serves. As discussions around the Memoranda of Procedure for judicial appointments continue, the emphasis on social diversity remains a focal point, underscoring the need for a more inclusive and equitable legal system.
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