Report
National Judicial Policy: A concept note and ten visions for 2030
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Draft for consultation This paper draws on the JALDI team’s years of research on judicial reforms, to identify some critical and all pervasive issues that woe the judiciary. While they are, in some form, a culmination of our past research, this document is by no means the finish line of the journey. Instead, it aims to be a conversation starter for the judiciary to address its challenges and plan its future in a renewed way. We hope that this consultation paper brings people from the ecosystem together with experts from various other disciplines to deliberate on how the judiciary can achieve the ten visions and transform into a litigant centric institution by 2030. Drawing on the consultations, in the upcoming year, there will be follow up publications which go deeper into each of the visions along with a tentative roadmap towards realising them. Need for a national judicial policy Pre-independence, the Indian judiciary was designed to subserve colonial interests and not to cater to the needs of the governed. Its origins can be traced back to the Charter of 1726 and to the Government of India Act of 1935 which went on to lay down the foundation of the Constitution of India in 1950. Today, many years after independence, the remnants of its colonial roots can be seen in a plethora of avenues ranging from dated laws, to inefficient administrative machinery and even non-inclusive physical infrastructure. For the Indian judiciary to transition into becoming responsive to the contemporary needs of the litigants, there is a need for the judiciary to make a comprehensive assessment of all its issues and introduce a mechanism for holistic planning. For more details see pg. 4. Presently, for those issues that fall within the purview of the judiciary, changes come through piecemeal interventions selectively chosen by the Chief Justices of the Supreme Court and High Courts. Quite often their recommended introductions expire with their tenures. Institutionally, there are no mechanisms to ensure long term continuity of policy measures. In the same vein, other changes come through ad hoc committees, which seldom engage with experts and often set up to address piecemeal problems and not the underlying structural issues. To remedy this, there is a need for a mechanism which identifies structural problems that thread between the issues faced by the judiciary and introduce a comprehensive plan, which can address these issues, in an organised manner over the years. This for the judiciary can come in the form of a National Judicial Policy. For more details see pgs. 1-2. International precedents for long term vision driven policy making Long term vision driven policy making is not a new phenomenon. Forward thinking policy making has been informing reform on complex subjects both nationally and internationally. In India, examples range from the National Education Policy released by the Ministry of Human Resource Development in 2020 to the documents released by the NITI Aayog such as the three-year action agenda in 2017 to the Strategy for New India@75 in 2018. Internationally, such strategic policy making has been adopted by judiciaries as well. The table below identifies some of these efforts. For more details see pgs. 3-4 of the report . Transitioning to a litigant centric judiciary To determine what ought to constitute this comprehensive policy, a determination of the core principles of the judiciary is essential. The report identifies six principles that are essential to a good justice system and should form an integral part of how the judiciary envisions itself. For more details see pg. 5 Another key aspect which needs to inform policy making is an assessment of who the policy will benefit and which actors will play a key role in implementing the vision. Therefore, the report identifies some of these stakeholders. While the universe of these actors can be infinite, the present list only maps out first degree stakeholders. For more details see pgs 5-6. The ten visions for 2030 After centering these principles and the stakeholders, the report identifies ten visions for the judiciary for the year 2030 i.e. Vision 2030. These visions are preceded with some context on why the judiciary is in need of reform for that specific sphere and hopes to provide a compelling case for prioritising this vision. The context is followed by more specific vision components which identify targeted actions i.e. form sub-parts to the larger vision. Finally, the text identifies the stakeholders who will play a key role along with the key principles that the vision evokes. Since these visions draw on the extensive work done by JALDI over the years, our prior publications, along with other seminal research on the subject have been cited. For quick reference, our research is also identified below. Vision 1: The Indian Judiciary must have modernized and accessible infrastructure Read more on Pg. 10. Referenced work Report: Re-imagining Consumer Forums: Introducing a spatial design approach to court infrastructure Report: Building Better Courts: A survey of physical, digital and human infrastructure of 665 district courts in India Interactive portal: Building Better Courts Surveying the Infrastructure of District Courts Opinion: 70 Years Of Indian Judiciary: Our Courts Need To Be More Welcoming, Accessible, Purpose Driven Vision 2: The Indian Judiciary must have an efficient administrative machinery Read more on Pg 14. Referenced work Report: Responsible AI for the Indian Justice System – A Strategy Paper Report: Summons in the Digital Age: Integrating Information and Communication Technology in the Process of Serving Summons Vision 3: The Indian Judiciary must fully utilize its judicial capacity Read more on Pg 18. Referenced work Report: Back to Basics: A Call for Better Planning in the Judiciary Interactive portal: The JALDI Portal on Judicial Vacancies in India Report: The Delhi High Court Roster Review: A Step Towards Judicial Performance Evaluation Vision 4: The Indian Judiciary must have better engagement with stakeholders and mechanisms to assess progress Read more on Pg 22. Referenced work Report: Back to Basics: A Call for Better Planning in the Judiciary Interactive portal: Budgeting for Better Courts Vision 5: The Indian Judiciary must have mechanisms to promote diversity and heterogeneity Read more on Pg 26. Referenced work Report: Tilting the Scale: Gender Imbalance in the Lower Judiciary Journal publication: The Rise of Women in the Lower Judiciary: Breaking through the Old Boys’ Club Journal publication: Absence of Diversity in the Higher Judiciary Interactive portals: Women in the Judiciary and Gender Diversity Vision 6: The Indian Judiciary must protect and promote independence Read more on Pg 30. Referenced Work Report: Budgeting Better for Courts- An evaluation of the Rs. 7460 crores released under the Centrally Sponsored Scheme for Judicial Infrastructure Journal publication: Four Transfers and One Saving Grace Opinion: Why Judges Deserve a Salary Hike Opinion: After the judges retire: Time for a fresh look at sensitive judicial afternoons and evenings Vision 7: The Indian Judiciary must have accountability frameworks to monitor all stakeholders Read more on Pg 34. Referenced Work Report: A Survey of Advocates Practicing Before the High Courts Opinion: Why Do Lawyers Enjoy Immunity Against Wrong Practices? Opinion: Examining the Special Prosecution Needs of Criminal Justice Vision 8: The Indian Judiciary must uphold the ideals of an open judiciary Read more on Pg 38. Referenced Work Report: Sunshine in the Courts – Ranking the High Courts on their Compliance with the RTI Act Interactive portal: RTI Templates for High Courts Report: Open Courts in the Digital Age: A Prescription for an Open Data Policy Vision 9: The Indian Judiciary must have a robust framework for judicial education and training Read more on Pg 42. Referenced Work Report: Schooling the Judges: The Selection and Training of Civil Judges and Judicial Magistrates Vision 10: The Indian Judiciary must be driven by a humane, reformative and rights-oriented justice system Read more on Page 46. Referenced Work Report: From Addict to Convict
Report document
Authors
Deepika Kinhal
Former Team Lead, JALDI
Deepika Kinhal was the Team Lead of JALDI. Since 2017, she authored several data-driven research reports seeking to understand the systemic issues that plague India’s justice delivery systems. She has been a part of expert committees constituted by the eCommittee of the Supreme Court of India and NITI Aayog to improve justice delivery through technology, and has led engagements with multiple High Courts to study and improve their case and court management systems. She also appeared before the Parliamentary Standing Committees on Mediation Bill and Judicial Impact Assessment. At JALDI, she was focused on translating our research findings into tangible solutions and enabling evidence-based reforms in the judiciary. In this, she collaborated with experts from various domains and worked with similar minded organizations across the board. Her dream as an Indian citizen and a judicial reforms enthusiast is to have a modern, responsive judiciary that delivers quality, effective justice in a manner that befits the aspirational 21st century Indian. She graduated from NLSIU, Bengaluru in 2012. Before joining Vidhi, she practiced as a civil-commercial lawyer in Karnataka with Dua Associates, and as a real-estate and capital markets lawyer at Cyril Amarchand Mangaldas.
Vaidehi Misra
Senior Resident Fellow
Vaidehi was a Senior Resident Fellow working in the area of Judicial Reforms. She has a B.A.LLB. (Hons.) degree from Jindal Global Law School, Sonipat and an LLM from the University of California, Berkeley with a focus on jurisprudence and social policy.
Reshma Sekhar
Former Senior Resident Fellow
Reshma was a Senior Resident Fellow working in the area of Judicial Reforms. Her work focuses on systemic issues in the judiciary such as infrastructure, judicial selection (AIJS) and training, and tribunalisation. At JALDI, she was involved in interdisciplinary projects addressing the need for effective modern solutions to promote accessibility and agility of the judiciary, including the re-thinking of courtroom architecture and digitisation of the judicial process. She takes a keen interest in data design, enrichment and visualisation. Reshma graduated with a BA, LLB (Hons.) from the National University of Advanced Legal Studies, Cochin in 2015. Prior to joining Vidhi, she was an in-house counsel in the legal compliance function of a leading Indian technology company.
Chitrakshi Jain
Former Research Fellow
Chitrakshi Jain was a Research Fellow with the Judicial Reforms vertical. As a member of the vertical, she worked on issues such as judicial planning, transparency in the judiciary and the way the office of prosecution works in the criminal justice system in India. A 2014 graduate of NALSAR, Hyderabad she was working as a research associate for the Centre for Social Justice, Ahmedabad prior to joining Vidhi. Interested in pursuing research that lies at the intersection of law and social sciences, she completed her Masters in Politics from the University of Delhi.
Shreya Tripathy
Senior Resident Fellow
Since 2018, I have worked in JALDI on topics such as judicial diversity, infrastructure and efficient budgeting for the judiciary. I have also undertaken several data-driven projects intending to understand the systemic problems of the judiciary at all levels and provide targeted solutions. I have publications in the Economic and Political Weekly and other law & policy review journals. I have also published in the Outlook and platforms such as Hindustan Times and The Print. My areas of interest include Human Rights & Judicial Reforms. I graduated with B.B.A.LL.B. from National Law University, Odisha in 2018. Before joining Vidhi, I interned in organizations like Nyaaya, Commonwealth Human Rights Initiative, South Asia Human Rights Documentation Centre and Partners for Law in Development. My dream for the Indian judiciary is that it becomes more inclusive and accessible for all. The general narrative when it comes to accessibility and the judiciary tends to shift towards litigants who may be Persons with Disabilities. It is high time that the judiciary starts changing this narrative and starts considering accessibility for all and at all levels including judicial officers and staff. I am an enthusiastic collector of cookbooks and love trying out recipes from around the world.
Apoorva
Former Research Fellow
Apoorva was a Research Fellow with Vidhi's JALDI (Justice, Access and Lowering Delays in India) initiative. At JALDI, she was working in the areas of judicial reform and increasing access to justice. She previously worked with Mint as a legal writer where she wrote extensively about important legal developments and covered the Supreme Court, Delhi High Court and various other tribunals. She has also worked with Vidhi as an Associate Fellow on a project to study the implementation of the NDPS Act in Punjab. Her areas of interest include judicial reforms, constitutional law and animal law. Apoorva graduated with a B.A., LL.B. (Hons.) from National Law University, Delhi in 2014 and completed her LL.M. from Panjab University, Chandigarh in 2018. She loves to travel, is passionate about animals and spends her free time honing her skills at vegan cooking/baking.
Aditya Ranjan
Former Research Fellow
Aditya was a Research Fellow working in the area of Judicial Reforms. He graduated from the Institute of Law, Nirma University, in 2018. Prior to Vidhi, he worked in Jharkhand as a Policy Consultant for a regional political party, where he tackled issues pertaining to environmental law, forest rights, election laws and local self-government. He has previously interned with Newslaundry, Childline India Foundation, the Rethink Aadhaar Campaign and with Adv. Nitya Ramakrishnan. While working in Jharkhand he has authored a critique on the implementation of District Mineral Fund in the state. He enjoys collecting stamps and expressing himself through slam poetry.
Jigar Parmar
Former Research Fellow
Jigar was a Research Fellow with Vidhi's JALDI (Justice, Access and Lowering Delays in India) initiative. At JALDI, Jigar worked on judicial reforms and the integration of technology in the justice delivery system. He graduated with B.L.S.L.L.B. from the Pravin Gandhi College of Law, Mumbai in 2017.
Arghya Sengupta
Founder and Research Director
Arghya is the Founder and Research Director at Vidhi. His areas of specialisation are constitutional law and regulation of the digital economy. He has served on a number of government committees including the B.N. Srikrishna-led committee of experts on a data protection framework for India. Arghya has a number of academic publications on the Supreme Court and the Constitution in leading law journals such as Law Quarterly Review and Public Law. He is also a columnist at The Telegraph and The Times of India. He has most recently authored a book “Independence and Accountability of the Indian Higher Judiciary” (Cambridge, 2019) which builds on his doctoral work at Oxford University. Prior to founding Vidhi, he was at Oxford as a Lecturer in Administrative Law at Pembroke College.