Content:
- The Gruelling course of litigation in India.
- First Responder
The Gruelling Course of Litigation in India.
Context:
In the national conference of the district judiciary, President Draupadi Murmu highlighted a significant problem in the Indian judiciary: delay in justice delivery. Delay has created hesitation in many citizens to approach the court itself. President referred to this as “ Black Coat Syndrome”, where the term explains the anxiety of individuals to approach the judiciary for Justice.
As of July 2024, More than 4.4 crore cases are pending across different courts in India.
Relevance: GS2 (Indian Judiciary)
Practice question: Explain key challenges concerning the Indian judicial system regarding delays in justice delivery. Examine the role of case management and scheduling practices in contributing to these delays. Suggest some reforms to address the issue.
(250 words)
Causes of Judicial delays.
The backlog of cases is a direct outcome of ineffective scheduling and case management discipline. Mechanisms like “case flow management rules” intended for structured timelines seem less impactful due to inconsistency in application.
Example: National Judicial Data Grid (NJDG) indicates many cases remain unresolved for over 10 years.
District judiciary and realities:
- The district court handles most of the cases of the judiciary and faces systematic burdens. Judges are assigned cases based on high court directives which disturbs preset scheduled cases.
- Approximately 70%of the cases are handled by the district judiciary alone.
- Above 40 million pending cases in district and subordinate courts
- Units system: Judges’ performance is evaluated, and they are incentivised to dispose of simpler cases. This system rewards points based on the number and types of cases. Unintentionally sidelining complex cases.
- Accountability: Minimal accountability for missing statutory deadlines. Judges’ discretionary power to grant extensions makes the judiciary less predictable.
Behaviour of Lawyers and litigants.
- Problem of plenty: Lawyers handling multiple cases at different courts prioritise cases based on importance and chances of adjournment. Adjournment is the act of suspending court proceedings to a later date utilised by lawyers to handle caseloads.
- In some cases, adjournment is used over 30 times.
- Misuse of stay:Litigants,in some cases, encourage and enjoy delays when interim orders like stays were the expectations.
Witnesses :
- Witnesses face a logistical and financial crisis due to unpredictable court schedules. When witness participation turns unfruitful due to court adjournments results in frustration and discourages future participation
Reforms needed :
- Judges: The unit system should encourage the judges to dispose of complex cases, which demand greater effort. Instead of number of cases, efficiency in the management of cases should be considered as performance parameters
- Lawyers: courts should introduce rewards for adherence to schedules by lawyers and penalties for delays. Clear limits on adjournments are to be imposed.
- Example: The Supreme Court has recommended limiting adjournments to a maximum of three per case.
- Litigants: the court should discourage stay orders as delay tactics. Stay orders should be subjected to frequent reviews to check on potential misuse.
- Example:The Law Commission of India has suggested periodic reviews of stay orders to prevent misuse.
- Witnesses: Compensations for financial and time burdens. Witnesses should be provided with predictable schedules.
- Technological solutions: real-time updates on court schedules, digital platforms for filing and tracking of cases, improved transparency and efficiency
Example 1: digitising court process through eCourt projects.
Example 2: AI tools like SUPACE (Supreme Court Portal for Assistance in Court Efficiency) help judges with research and processing of case data.
Conclusion
Addressing challenges in scheduling and case management is the need of the hour. The District judicial system should be empowered for the efficient disposal of cases. Reforms should consider all stakeholders for holistic reforms.
First Responder
Context: recent diplomatic interactions between India and Maldives gave impetus to a diplomatic shift for a strained relationship since Mohamed Muizzu assumed office. This is his first bilateral trip to India since taking office.
Relevance:GS2 (International relations).
Practice question: Discuss the strategic importance of Maldives to India. Analyse the challenges and opportunities in the India-Maldives Bilateral relationship. (250 words)
Background:
Friction arose during Mohamed Muizzu’s “India out “ campaign during his presidential campaign. Movement called for reduced Indian influence, particularly about military presence. The situation was further escalated by the boycott of Maldivian tourism in response to criticism by Maldivian ministers.
Diplomatic shift
Despite initial turmoil, diplomacy gradually prevailed. India withdrew military personnel with technical personnel and helped Maldives manage its economic hardships
.
Key outcomes of the diplomatic interaction:
- Currency swap agreement: India and Maldives signed a $400 million currency swap agreement, helping Maldives to manage its debt service and forex liquidity crunch.
- T-Bills: India decided to extend $100 million in SBI subscriptions of Maldivian T-Bills, helping Maldives to face financial challenges effectively.
- Comprehensive partnership: India and Maldives agreed to a comprehensive economic and Maritime security partnership.
- FTA: Both countries have agreed to discussions on Free Trade agreements, indicating deeper financial ties.
- Rupay card launch: India launched the rupay card for smoother transactions for Indian tourists, which in turn supports Maldivian tourism.
- Infrastructure projects: India handed over 700 social housing units. Inauguration of jointly constructed runway at Hanimaadhoo Island was inaugurated
Importance of Maldives to India:
SLOCs :
- Maldives is located near important sea lanes of communication (SLOCs), which are crucial for maritime trade flow between the Gulf of Aden and the Gulf of Hormuz in West Asia and the Strait of Malacca in Southeast Asia.
For example, nearly 50% of India’s external trade and 80% of its energy imports transit these westward SLOCs in the Arabian Sea.
Regional stability:
- Maldives is critical for fighting against piracy and China’s dominance in the Indian Ocean region.
Infrastructure development :
- India has invested significantly in projects like the Greater Mahe Project and other healthcare and educational infrastructure.
Importance of India for the Maldives
First Responder in Times of Crisis
- Immediate Assistance: India consistently helped the Maldives during its crisis.
- Examples:
2014 Water Crisis: India provided aid during the water crisis in Malé.
2020 Measles Outbreak: India dispatched thousands of doses of measles vaccine to prevent an outbreak.
COVID-19 Pandemic: Maldives was the first foreign recipient of India’s COVID-19 vaccine.
Development Efforts
- Line of Credit (LOC): India has extended credit for various developmental projects in the Maldives, including the Addu Development Project, Greater Malé Connectivity Project, etc.
Trade Relations :
- India emerged as the Maldives’ second-largest trade partner in 2022 and the largest in 2023.
Net Security Provider
- Operation Cactus (1988): Indian armed forces, along with the Maldivian government, successfully neutralised the coup.
Tourism Revenue :
- Tourism: In 2023, over 200,000 Indian tourists visited the Maldives; Maldives received the highest number of tourists from India.
Indian Diaspora
- Indians are the second-largest diaspora in the Maldives.
Challenges in Bilateral Relations
Shift in Alliances
- Government Changes: Changes in governments are associated with changes in foreign policy stances. President Mohamed Muizzu is believed to have a pro-China stance.
China’s Influence
- Belt and Road Initiative (BRI): China’s significant investment and infrastructure projects in Maldives raise concern for India.
Infrastructure Project Delays
- Delays in Indian-backed infrastructure projects, such as the Greater Malé Connectivity Project, can cause frustration within the Maldivian government and public, straining relations.
Diplomatic Challenges
- Maldivian ministers’ derogatory comments about the Indian Prime Minister during his visit to the Lakshadweep Islands, have negatively impacted citizens’ perception.
The Maldives remains strategically important for India, considering its proximity to important trade routes like the Gulf of Aden, the Gulf of Hormuz, etc. India’s “Neighborhood First” policy highlights the strong relationship between the two countries. Strengthening this partnership is important for maintaining stability in the region and tackling common challenges such as maritime security and climate change.
