AI Judiciary

On the Need for Judicial Reforms in India

Dr. Vithal Kamat
Director, Sankul

Preamble

The birth of Independent India was followed by a need for an indigenous mechanism of governance that is acceptable and sensitive to the needs and customs of a large multitude of castes, classes, religions and linguistic communities. Continuance of the judicial system put together by the British was a compromise formula that the then new government felt would work the best. Steeped in European culture and practices, a number of these legal codes saw themselves being adopted in Indian society and being in existence long after the colonial powers had left. For instance, the Indian Aircraft Act, 1934, considered a kite to be an aircraft and hence one would require a permit to fly kites just as they were required to fly aeroplanes. Under the Treasure Trove Act, 1878, you could get jailed if you found anything more than Rs. 10 and did not report it to a revenue officer. To scrap obsolete laws, the government set up a high level committee to re-examine all Acts and submit periodic reports after taking help of the Law Commission. Post Independence, over a period of 65 years, the successive governments could remove 1,301 obsolete laws. In 2018, the central government performed better by weeding out another 1200 Acts in just 3 years, and identifying another 1,824 for repeal.

Just 10 years into independence, the Law Commission of India stated "While India remains a member of the Commonwealth of Nations, the only trace of the old ties is the fact that the Crown is regarded by India as the symbolic Head of the Commonwealth". The Commission suggested that India could have a new set of legal Code. However, in practice, we observe that the Indian statutes are essentially British statutes with a few undergoing minor modifications. Thus, a majority of laws over which the current Indian Judiciary relies upon are derived from colonial times. The British statutes were appropriate for the British to impose Victorian values and maintain colonial rule. However, in the hands of the corrupt Indian Judiciary, they are observed to be least effective. Further, the misuse of the British statutes has led to judicial maleficence and this impeded the growth of the Indian economy. The Indian (British) statutes were, thus, far from being sensitive to the needs and customs of the Indian population consisting of a large multitude of castes, classes, religions and linguistic communities.

With Covid-19 infecting millions across the world, and in the wake of global backlash against China, India had an opportunity to reign as the world's factory of choice - a space that China may be forced to vacate. However, we do not believe that this would happen due to the corrupt judiciary. Charts by the IMF shows India's GDP is too low and going down further while its inflation is increasing. CMIE charts show joblessness is on the rise. As per World Bank, India is losing market share to even smaller rivals such as Bangladesh in labour intensive garments industry.

Whether it is a social issue such as Nirbhaya or a corporate one such as Vijay Mallya or Nirav Modi, the absence of organisation of Judicial power, the lack of respect to the Indian Constitution and the codified laws, by the state machinery, the judiciary and the citizens of India, is the cause. We believe that only the implementation of a disruptive technology - an Artifically Intelligent Judiciary - can trigger a revolution and correct the situation. India can then experience a correction similar to what was experienced by France after the French revolution with the ascent of Napoleon Bonaparte in 1790s.

Today, in the 2020s it is time for India to raze and redesign our landscape by uprooting the replacing the corrupt institution - the Indian Judiciary.

Judicial Corruption

According to Wikipedia, corruption is rampant in India's court. According to Transparency International, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws". Most disturbing is the fact that corruption has reached the highest judicial forum i.e. Supreme Court of India. See Wikipedia for some of the notable cases of corruption at the highest level.

In November 2011, a former Supreme Court Justice Ruma Pal slammed the higher judiciary for what she called the seven sins. She listed the sins as:

  1. Turning a blind eye to the injudicious conduct of a colleague

  2. Hypocrisy – the complete distortion of the norm of judicial independence

  3. Secrecy – the fact that no aspect of judicial conduct including the appointment of judges to the High and Supreme Court is transparent

  4. Plagiarism and prolixity – meaning that very often SC judges lift whole passages from earlier decisions by their predecessors and do not acknowledge this – and use long-winded, verbose language

  5. Self Arrogance – wherein the higher judiciary has claimed crass superiority and independence to mask their own indiscipline and transgression of norms and procedures

  6. Professional arrogance – whereby judges do not do their homework and arrive at decisions of grave importance ignoring precedent or judicial principle

  7. Nepotism – wherein favours are sought and dispensed by some judges for gratification of varying manner.

Judiciary of India

The Judiciary is a system of courts which interpret and apply the law. The role of the courts is to decide cases by determining the relevant facts and the relevant law, and applying the relevant facts to the relevant law. The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land. It has, in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the mid-19th century, and has partly retained the characteristics of practices from the ancient and medieval times.

The Indian Judicial system is totally managed and administrated by officers of judicial service unlike in the past when civil service officers also were part of judicial system. The expression judicial service means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.[5] The Judges of Subordinate Judiciary is appointed by the governor on recommendation of the High Court. Judges of the High Courts and Supreme Court are appointed by the President of India on the recommendation of a collegium. The Judicial system of India is classified into three levels with subsidiary parts.

The Supreme Court, also known as the Apex Court, is the top court and the last appellate court in India, and the Chief Justice of India is its top authority. High Courts are the top judicial bodies in the states controlled and managed by Chief Justices of States. Below the High Court are District Courts, also known as subordinate courts, controlled and managed by the District & Sessions Judges. The subordinate court system is further classified into two: the civil court of which a Sub-Judge is the head followed by the munsif court at the lower level, and the criminal court headed by Chief Judicial/Metropolitan Magistrate at top and followed by ACJM /ACMM & JM/MM at the lower level.

The other courts are the executive and revenue courts which are managed and controlled by state government through the district magistrate and commissioner, respectively. Although the executive courts are not the part of judiciary but various provisions and judgements empower the High Courts and the Session Judges to inspect or direct the working of executive courts.

The Ministry of Law & Justice at the Union level is responsible for raising issues before parliament for the proper functioning of the judiciary. The Ministry of Law & Justice has complete jurisdiction to deal with the issues of any courts of India, from SC to Subordinate and Executive Courts. It also deals with the appointment of Judges of the High Courts and the Supreme Court. At the state level, the law departments of the states deal with the issues of the High Court and the Subordinate Courts. The constitution provides for the single unified judiciary in India.

E-Courts Mission Mode Project

The E-courts project was established in the year 2005.[91] According to the project, all the courts including taluk courts will get computerised. As per the project in 2008, all the District courts were initialised under the project. In 2010, all the District court were computerised. The entry of back log case has started. The IT department had one system officer and two system assistants in each court. They initiated the services in the Supreme Court in June 2011. The case lists and the judgements of most district courts were available in [1]. in http://judis.nic.in is used to connect all High Courts and Supreme Court judgements and cause list. These websites are updated daily by a technical team. Now by and large all the District and Taluka Courts in the country are computerised. Cause list of each of the Court can be seen on https://districts.ecourts.gov.in. Similarly on this site you can check your cases status, your can see judgments and orders. For searching cases status, judgments, or cause lists various search options are given. Besides this http://njdg.ecourts.gov.in is National Judicial Data Grid which gives pendency figures and other relevant information in statistical form.


The project also includes producing witnesses through video conferencing. Filing cases, proceedings, and all other details will be in computers. Each district court contains 1 system officer and 2 system assistants. This technical manpower is involved in training the staff, updating web sites.[citation needed]


Judicial Service Centre

This is a part of e-court project. The judicial service centres are available in all court campus. The Public as well as the advocates can walk in directly and ask for the case status, stage and next hearing dates. This service is provided for free.[citation needed]



About Us

This article is brought to you by Sankul, an independent, not-for-profit wing of a 60 year old Public Limited Company - Baroda Electric Meters (BEM) Ltd. that is fighting for possession of its land assets over the past 30 years due to interference by the Indian Judiciary. One would be hard pressed to find even a smidgen of illegality in BEM's operations when it was running strong as a healthy unit till the Judiciary systematically brought it down to a crippled and sick state. Neither has BEM offended any one's religious or ethnic sentiments and sensibilities nor harmed anyone in any manner whatsoever. Yet, after more than 35 legal cases in various Courts of India over the past 30 years, BEM is still languishing for justice. Currently, there are 5 active cases running in different courts. But looking back at the history of the judgements passed by the various Courts, it is clear that the Indian Judiciary lacks the teeth to punish the culprits and bring the legal matter to a close. One may say that legal matters of a single company may seem to be a very small sample size to arrive at a generalised opinion about the Indian Judicial System. However, we do not consider so. The 35 legal cases has spanned a large section of the Judicial System ranging from the lowest Agricultural Land Tribunal Court to the Civil Court, Criminal Court right upto the High Court. Moreover the span of time given to the judiciary is over 30 years which we consider to be sufficiently long for a simple land matter to be resolved.