Putting Justice In Order

Context: To fix Judicial system, more accountability from judges is needed instead of more money or shiny new digital platforms.

Issues associated with judicial system

• Institutional deficit: A “bail box” can stand between jail and the freedom of an Indian citizen.
  • Grant of bail by a court does not automatically entitle the accused to an immediate release, unless the bail order is deposited in a physical letterbox installed outside the prison.
  • Even after computers in many courts to get case information for ordinary citizens there is absence of electronic transmission of orders between the courts and the prisons.
  • This results in non-release of prisoners after grant of bail due to delay in communicating bail orders or other issues.
• Lack of accountability: A budget of Rs 935 crore and Rs 1,670 crore was approved by the government for Phase I and II of the project. Yet, there is relatively little to show for all this money.
  • e-Committee, which decides on spending is not accountable to anybody: Neither Comptroller Auditor General (CAG) nor Public Accounts Committee (PAC) of Lok Sabha has reviewed its handling of the e-courts project, despite the substantial expenditure of public funds.  
  • Violation of basics of public accountability and project management: A project as complex as this should, at the very least, be subject to public review or a performance audit.
• Larger issue – Practice of using the shield of judicial independence to escape public scrutiny of their functioning: most high courts do not reveal documents as basic as financial audit reports, even if a request is made under the RTI Act.

Way forward:

• Implementation of FASTER (Fast and Secured Transmission of Electronic Records) System, which would transmit e-authenticated copies of interim orders, stay orders, bail orders and record of proceedings to the duty holders.
• Demand accountability from judges who insist on running administratively-complex projects for which they are not trained and for which they lack the required skills.
  • Checks: Make them accountable to constitutional authorities like the CAG and PAC.
• Initiate systemic reforms: Give charge to bureaucrats accountable to the legislatures for e-projects of judiciary instead of judiciary itself.