The administrative tribunals are not a novel creation of India’s political system. Rather, they are well-recognised in the US and various other democratic nations in Europe. The administrative tribunal is vital in the current times as the traditional judicial system is proving to be inadequate to settle all disputes. The traditional judicial system is slow, costly and complex. It is, at present, understaffed and is overloaded with the already existing pending cases. It can’t deal with even important cases like disputes between employers and employees, strikes, etc in a fast-paced manner. These problems can’t be solved through a mere interpretation of the provisions of any statute. A comprehensive and holistic approach are necessary for long-term speedy solutions. This is where the tribunal comes in.
The Home Minister had recently said that the Bureau of Police Research and Development should work on a proposal to amend various sections of the Indian Penal Code and the Code of Criminal Procedure. This comes in response to the growing inefficiency of India’s Criminal Justice system. India’s criminal justice mechanism suffers from a lack of judiciary’s accountability and non-cooperation between its investigation and prosecution wings, allowing criminals to go scot-free. Even if they are charged, they manage to wriggle out either due to botchy investigation or apathetic prosecution. India’s Criminal Justice System is dismal as its conviction rate is just 21.2% of the cognisable offences. On the other hand, countries like the US and Japan have a conviction rate of over 98%. Clearly, reforms in India’s criminal justice system are a need of the hour.
Indian judiciary, according to National Judicial Data Grid Statistics, has about 3 crores pending cases. Due to its slow pace, many prefer arbitration to solve the issues of dispute settlement, monetary recovery, etc. To encourage foreign investments and promote ease of doing business, faster judicial procedures and efficient dispute resolution are essential. Provisions to settle disputes through arbitration are provided in Arbitration and Conciliation Act, 1996. This law was amended twice: in 2015 and during the recent parliament session.
According to National Judicial Data Grid Statistics, there are about 3 crore cases pending in the SC, HCs and the subordinate courts across the country. Focusing on the FTCs to solve this issue is the need of the hour.
Since its establishment, these special courts have disposed of more than three million cases. However, FTCs is currently decreasing and its potential is not fully realized as it lacks basic infrastructure, technological resources, and manpower.
In recent times there have been intense debates and speculations about increasing judicial interventions into the legislative and executive policies of the government. Being a parliamentary democracy, it is essential to understand the limitations and distinctions of the authority vested in the executive, legislative and judiciary to ensure proper cooperation and coordination within the government.
There is growing support for abolishing capital punishment in India and it needs serious consideration since, on the other side, there has been a nationwide outrage over the series of incidents of sexual assaults of minor girls, like the one in Kathua. The Supreme Court itself admitted on many occasions that there are confusion and contradiction on the application of the death penalty.
This article explains the following in an analytical manner with a mindmap for quick revision:
What is capital punishment?
What is the need for capital punishment?
What are the arguments in favour?
What are the arguments against?
What is the evolution of the death penalty in India?
Why India still retains it?
What are the protections against capital punishment in the constitution?
Reading Time:5mins Recently, the Supreme Court Collegium has arbitrarily withdrawn its own decision on appointing two judges and has recommended names of two other judges to the government for elevation to the Supreme Court by superseding 3 judges senior to them. It highlights issues regarding the appointment of judges and the need to understand the system of judicial appointments in India.
Reading Time:5mins NITI Aayog in its recent ‘Strategy for New India @ 75’ document, suggested for the establishment of All India Judicial Service. However, the number of different shortcomings and concerns in its implementation necessitates a relook on the proposals.