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.