Editorials/Opinions Analysis For UPSC 31 October 2024

Content :

1. Tackle the issue of adjournments, case pendence
2. Sun signs
3. The politics of data-based policymaking

Tackle the Issue of Adjournments, case pendency

Frequent adjournments and case backlogs have burdened the Indian judiciary, delaying justice and eroding public trust, especially for vulnerable communities. Addressing this requires systemic reforms in judicial capacity, procedural efficiency, and infrastructure.

Relevance: GS 2 (Indian Judiciary )

Practice Question:Discuss the impact of frequent adjournments and case pendency on the Indian judiciary. Suggest viable solutions to address these issues effectively. (250 words )

Adjournment: An adjournment is the rescheduling of a court session to a later date, often due to procedural or logistical needs.

Judicial Pendency Data

• Total Pending Cases Across High Courts: Approximately 58.59 lakh cases, including:
  • 42.64 lakh civil cases.
    • 15.94 lakh criminal cases.

• Supreme Court Pendency: Over 82,000 cases pending despite a full strength of 34 judges in the past two years.

• Overall Pending Cases in Indian Courts: More than 5 crore cases pending across various courts.

Causes of Case Pendency and Adjournments

• Low Judge-Population Ratio: As of 2024, in the Law Minister’s reply in the Lok Sabha, India has 21 judges per million people, against the recommended 50 per million (120th Law Commission Report).

• Vacant Judicial Posts: Approximately 30% of sanctioned posts in High Courts are vacant, with only 770 out of 1,114 judges in place as of October 2024.

• Lack of Judicial Impact Assessment:
  • New laws are often introduced without assessing their effect on the judicial workload.
  • This lack of foresight creates staffing and infrastructure shortages when cases surge.

• Frequent Procedural Delays:High adjournment rates and logistical issues with witness attendance slow proceedings.

• The burden on High Courts and Supreme Court:
  • High Courts manage diverse cases, and in 2021, six specialised tribunals were disbanded and assigned to High Courts, adding to the load.

• Supreme Court faces high caseloads from Article 136 appeals and direct appeals from statutes, especially from northern states.
  • Article 136 grants the Supreme Court discretionary power to allow special leave to appeal against judgments from any court or tribunal.

• Excessive Responsibilities on District Judges:

• District judges handle a range of duties: trials, bail hearings, recording dying declarations, etc.

• Handling a diverse workload of nearly 100 cases daily imposes immense mental stress on judges.

• This pressure can reduce their focus while writing judgments, leading to potential errors.

• Errors in judgments may result in further challenges and delays in the judicial process.

Impacts of Case Pendency and Adjournments

• Delayed Justice:Prolonged case timelines affect individuals awaiting justice and discourage marginalised communities from seeking redress.

• Public Confidence Erosion:Delays and adjournments lead to diminishing public trust in the judicial system’s efficacy.

• Judicial Burnout:Judges face mental strain from excessive workloads, leading to fatigue, potential judgment errors, and a cycle of appeals.

Proposed Solutions

• Implement Judicial Impact Assessment:

• Following the Justice M. Jagannadha Rao Committee’s recommendations, every new law should assess likely case volume and the resources needed, including judges, court staff, and infrastructure.

• The Supreme Court supported this in Salem Advocate Bar Association (II) vs Union of India (2005).

• Strengthen Mediation and ADR Mechanisms:

• Increase the use of mediation and alternative dispute resolution for minor civil cases.

• Promote a cultural shift toward accepting out-of-court settlements for civil cases to reduce the burden on courts.

• Proactively Fill Judicial Vacancies:

• High Courts and state governments should coordinate to begin recruitment six months before anticipated vacancies.

• Invest in Court Infrastructure and Digitisation:

• Improve facilities, digitise processes, and ensure judges have adequate support (e.g., legal researchers) to enhance efficiency.

• Enact Legislative Reforms to Limit Adjournments:

• Amend procedural laws (CPC, CrPC) to strictly limit adjournments.

• The judiciary should enforce these amendments to minimise delays effectively.

Conclusion

• Comprehensive reform is needed to tackle adjournment culture and case pendency.
• Solutions include hiring judges, enforcing judicial impact assessments, enhancing ADR mechanisms, and reforming adjournment procedures.

Sun signs

Context: Tamil Nadu has declared heatwaves as a State-specific disaster, enabling affected individuals to receive assistance under the State Disaster Response Fund. This proactive approach aims to mitigate the health risks posed by extreme temperatures, particularly for vulnerable populations.

Relevance: GS 3 (Disaster Management )

Practice Question:What measures can states take to support vulnerable populations during extreme heat events? (150 words)

Heatwave :

A heat wave is defined as a prolonged period of excessively hot weather, which may be accompanied by high humidity

Indian Meteorological Department (IMD) defines a heat wave as follows:

• Plains: Temperature reaches ≥ 40°C
• Coastal Stations: Temperature reaches ≥ 37°C
• Hilly Regions: Temperature reaches ≥ 30°C

• Climate Crisis Recognition:The World Meteorological Organisation declared that 2023 was the hottest year on record.
• Vulnerability of Populations:Vulnerable groups: elderly, children, those with pre-existing conditions, outdoor workers.
• Health Risks:
  • Sustained high temperatures (above 40°C) can lead to:
    • Heat stress.
    • Organ failure.

• wet-bulb temperatures: The World Economic Forum has warned that global warming is on track to reach a ‘wet-bulb temperature’ level of 35° C, where humans can no longer regulate safe body temperature through sweating.

• Proactive Policy Measures:
  • The declaration allows victims to receive aid under the State Disaster Response Fund.

• Key measures include:
  • Ex gratia payments for families of heat-related fatalities.
  • Provision of medical care and hydration resources (ORS packets).
  • Rescheduling working hours to reduce exposure to heat.

• Governance Implications:
  • The model can inspire other states to adopt similar proactive strategies.

• Highlights the necessity for adaptive policies in response to climate challenges.

• Call for Long-term Solutions:
  • Immediate relief is crucial, but long-term strategies must address:
    • Urban planning.
    • Environmental degradation.
    • Poverty reduction.

Implications for Future Policy

• Climate Adaptation in Urban Planning:
  • Prioritise resilient infrastructure.

• Improve green spaces and water management systems.

• Public Awareness and Education:
  • Educate communities on heat risks and preventive measures.

• Collaboration and Research:
  • Foster partnerships between government, NGOs, and research institutions.

• Invest in research for innovative long-term solutions.

• Strengthening Healthcare Systems:
  • Enhance healthcare facility capacity for heat-related illnesses.

• Ensure vulnerable populations have access to medical care.

• Monitoring and Evaluation:
  • Establish systems to monitor temperature trends and health outcomes.

• Evaluate policy effectiveness to refine strategies.

Conclusion

• Tamil Nadu’s initiative is a significant step in addressing the health risks of climate change. Other states are encouraged to adopt similar models for climate resilience.

The politics of data-based policymaking

Data-based policymaking is key to Indian governance, but  biases in data collection and access can impact outcomes. Addressing these is vital for transparent, citizen-focused policies.

Context: India’s data systems have faced scrutiny due to Census delays and NSS data release issues, raising concerns about data reliability.

Relevance: GS 2 ( Governance )

Practice Question:Examine the role of data neutrality and transparency in Indian policy formulation. Suggest measures to make data systems more citizen-centric. (250 words)

Impact on Policy Effectiveness

• Gaps in data collection can limit the effectiveness of policies.
•  For example, while initiatives like the Jan Dhan Yojana aim to enhance financial inclusion, challenges related to accessibility for rural or marginalised populations can affect the initiative’s overall impact

Statistical Targets vs. Real Development

• Meeting quantitative targets doesn’t guarantee developmental progress.

• Example: Pradhan Mantri Garib Kalyan Yojana distributed food grains but the Global Hunger Index indicate broader challenges in food security,

Digital Data Governance Limitations

• Concentration of Data: Digital data collection, such as Aadhaar, centralises citizen data in State Data Centres, mainly accessible to government and private entities.

• Limited Citizen Access: This concentration restricts access for citizens and researchers, diminishing accountability and transparency in data usage.

Recommendations for Data System Strengthening

• Reorient Goals: Focus on meaningful metrics (e.g., access rates, service quality) rather than raw numbers.

• Inclusive Infrastructure: Involve civil society in data design to prioritise public interest.

• Multidisciplinary Approach: Recognise data collection as a socio-political activity, engaging social scientists and citizens in policymaking.

Conclusion:

Strengthening data systems with a focus on inclusivity and transparency will ensure India’s policies align with public needs, balancing numbers with real-world insights.