PM, CJI concerned over pendency of cases, judicial vacancies

New Delhi, Aug 16 (PTI) Prime Minister of India Manmohan
Singh and Chief Justice of India K G Balakrishanan Sunday
voiced concern over huge pendency of cases and judicial
vacancies but skipped the controversial issues of corruption
in judiciary and declaration of assets by higher court judges.

Singh said despite its strengths, "India has to suffer
the scourge of the world's largest backlog of cases and
timelines which generate surprise globally and concern at
home....In this war on arrears, the apex court has to
discharge a vital role.

"The government will not be found wanting at any level in
this joint effort. We promise to match each step of the
judiciary with two of our own. We will not hesitate to walk
the extra mile at every opportunity," he said.

The Prime Minister and the CJI were speaking at a
conference of Chief Ministers and Chief Justices of High
Courts here which comes in the midst of a national debate on
instances of judicial corruption and raging controversy over
declaration of assets by judges of higher judiciary.

Echoing similar sentiments, Balakrishnan said the
"chronic shortage" of judicial officers was hindering efforts
to overcome the backlog of cases.

There are structural obstacles which discourage talented
law graduates from joining the judicial services and over 17
per cent posts of judicial officers remained vacant in the
subordinate judiciary, he said.

"There has undoubtedly been a chronic shortage of
judicial officers, especially at subordinate level and there
are also some structural obstacles which discourage talented
law graduates from joining judicial services," the CJI said.

Referring to vacancies in high courts and subordinate
courts, Singh said meritorious individuals should be appointed
timely to judicial posts and vacancies should be filled up
"without any loss of time".

"The existing vacancies in high courts are quite high in
number and need to be filled up urgently. I would urge the
chief justices of high courts to initiate proposals for
quickly filling up these posts."

Referring to the ambitious gram nyayalaya project, he
said the legislation for village courts has been enacted in
January this year, but is yet to be enforced by the states.

"I would urge that the state governments initiate
immediate action to operationalise the Gram Nyayalayas Act in
their states. Once the Act is fully implemented, we will have
more than 5,000 courts at the intermediate panchayat level.
These will bring justice to the doorsteps of the common
people," he said.

Singh said while there could be differing views on the
adequacy of the assistance being provided, "this should not
hold us from speedily bringing the Act into force".

Concerned over a large number of undertrials languishing
in jails, he said, "Many such undertrials have been in jail
for periods longer than they would have served had they been
sentenced. There have been pronouncements of the high courts
and the Supreme Court on this issue but still the number of
undertrials in jails continues to be very large." PTI ASI
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