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1. Judges’ dilemma: On the judiciary, its accountability
The recent ruling by the Lokpal that High Court judges fall under its jurisdiction and the subsequent Supreme Court stay on this decision have reignited the debate on judicial accountability and independence. The judiciary’s independence is crucial, yet so is the need for accountability in cases of misconduct.
Lokpal’s Ruling and Its Implications
The Lokpal, chaired by former Supreme Court judge A.M. Khanwilkar, recently dismissed a corruption complaint against a former Chief Justice of India (CJI), stating that the Lokpal Act, 2013, does not apply to Supreme Court judges. However, it held that High Court judges fall under its jurisdiction, arguing that High Courts are statutory bodies created by state laws, making their judges “public servants” under Section 14 of the Lokpal Act. This interpretation has raised concerns among legal experts and senior advocates who fear it could undermine judicial independence.
Judicial Independence and Existing Precedents
The Supreme Court, in K. Veeraswami vs Union of India (1991), held that while judges are public servants under the Prevention of Corruption Act, no case could be registered against them without prior consultation with the CJI. This precedent highlights the need for a cautious approach in handling allegations against judges to prevent any undue influence on judicial functioning.
Existing Mechanisms for Judicial Accountability
Currently, allegations of misconduct against judges are addressed through an in-house procedure. Complaints must be made to the Chief Justice of a High Court, the CJI, or the President. If found credible, the judge may be asked to resign, denied judicial work, or recommended for removal by Parliament. In some cases, judges are transferred, but the reasons for such transfers remain undisclosed.
Need for Strengthening Judicial Accountability
While the judiciary’s internal mechanisms ensure a degree of accountability, the question remains whether they are sufficient. The Court must evaluate whether additional steps, such as independent prosecution under judicial oversight, are necessary. Any reforms should strike a balance between maintaining judicial independence and ensuring that credible corruption allegations are thoroughly investigated and addressed.
2. Southern discomfort: On UGC draft regulations
The University Grants Commission (UGC)’s draft regulations on the appointment and promotion of university teachers and Vice-Chancellors (V-Cs) have sparked strong opposition from non-BJP-ruled States. Leaders from Kerala, Tamil Nadu, Telangana, and Karnataka, along with other States, argue that these regulations undermine federalism, diminish the powers of State legislatures, and weaken the autonomy of State universities.
Concerns Over Centralisation of Power
A key issue is the UGC’s proposal to alter the selection process for V-Cs of State universities. Under the new framework, the search-cum-selection committees would include nominees of the Chancellor (usually the Governor), the UGC Chairman, and the University syndicate or senate—excluding State Higher Education departments from the process. Critics argue that this shift centralizes power, reduces transparency, and has already led to delays in appointments, leaving many universities leaderless.
Impact on Higher Education and Access
Opponents contend that the regulations could dilute academic standards, increase commercialisation and politicisation, and limit access to higher education for disadvantaged students. They also question why State governments, which bear the majority of financial responsibility for State universities, are being sidelined in key administrative decisions.
Constitutional and Legal Challenges
Beyond higher education, the dispute raises a fundamental constitutional question: Can delegated legislation—such as UGC’s regulations—override plenary State laws passed by State legislatures? The affected States plan to challenge the regulations legally and politically, with a high-level delegation set to approach the Union Education Ministry.
Need for a Balanced Approach
The UGC must consider these concerns and engage with States to ensure that the regulations do not undermine the principles of federalism. Any final decision should balance the need for national academic standards with respect for State autonomy in higher education governance.
3. Converting court case backlogs into treasure troves
The massive backlog in India’s judicial system is a persistent challenge, with over five crore cases pending across various courts. Despite an efficient judiciary, factors like an adversarial legal system, infrastructural shortages, and government litigation contribute to delays. However, mediation presents a potential solution to convert this backlog into an opportunity for faster dispute resolution.
Understanding the Backlog Crisis
India has one of the lowest judge-to-population ratios, with just 21 judges per million people. The adversarial system allows multiple interim applications and appeals, further clogging the judiciary. Large-scale litigation, particularly landlord-tenant disputes and cheque bouncing cases, could benefit from legal reforms to deter unnecessary cases. Government litigation, which constitutes nearly half of all disputes, also needs a shift towards amicable settlements.
Mediation as a Game-Changer
Mediation, which gained prominence in India in 2005, offers an alternative dispute resolution mechanism. It involves a trained neutral mediator helping disputing parties reach a mutually acceptable solution. Unlike litigation, mediation is cost-effective, time-efficient, and often restores relationships between parties. It has been successfully applied in civil, commercial, matrimonial, and property disputes.
Implementing Mediation to Reduce Backlogs
For judges, backlogs are burdensome, but for mediators, they represent opportunities. By identifying suitable cases and assigning them to trained mediators, the judicial system can significantly reduce pendency. Mediation requires fewer resources, fewer hearings, and delivers faster resolutions. With sufficient trained mediators available, institutionalizing mediation as a primary dispute resolution method could transform the legal landscape.
Way Forward
India must embrace mediation not just as an adjunct but as an essential legal reform. A structured mechanism to refer cases for mediation, incentivizing its adoption, and ensuring fair remuneration for mediators can turn the judicial backlog into a “treasure trove” of opportunities for dispute resolution.
Also Read: The Hindu Editorial Analysis: February 21, 2025
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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