Introduction
- During the Supreme Court’s 75th-year Foundation Day address, the Chief Justice of India (CJI) highlighted four crucial issues within the judiciary that require “difficult conversations.”
- This article delves into these issues and their historical context.
Major Issues with Legal Profession
[1] Problem of “Adjournment Culture”
- Definition: Adjournment culture refers to the practice of lawyers repeatedly seeking adjournments, delaying scheduled hearings.
- Effect on Justice: Prolonged adjournments lead to case delays and contribute to the growing backlog of pending cases.
- Legal Framework: Order XVII of the Civil Procedure Code, 1908 sets rules for granting adjournments, limiting them to three times, with sufficient cause shown.
- Vicious Cycle: Advocates exploit heavy workloads to seek adjournments, perpetuating delays.
[2] Managing Lengthy Oral Arguments
- Constitutional Bench Matters: The court directs parties to schedule oral arguments to avoid repetition in important cases.
- Mixed Success: Past cases, like the Ayodhya title dispute, had lengthy hearings despite scheduling.
- Recent Improvements: Under CJI UU Lalit, a Constitution Bench case involving EWS reservations achieved efficiency through time scheduling.
- US Model: The US Supreme Court restricts oral arguments to 30 minutes per side, considered but not adopted in India.
[3] Alternatives to Extended Court Vacations
- Flexi-Time: Introducing flexi-time for lawyers and judges is suggested, allowing them to choose working hours within a specified total.
- Philippines Example: The Philippines implemented flexi-time for court employees based on valid reasons.
- Historical Suggestions: Past reports and government recommendations aimed to reduce court vacations to tackle case backlog.
- Supreme Court Rules: In 2014, the court limited summer vacations to seven weeks instead of ten.
[4] Ensuring Equal Opportunities for First-Generation Lawyers
- Leveling the Field: The CJI emphasizes providing a level playing field for first-generation lawyers and marginalized segments with the potential to succeed.
- Progress: Over 50% of junior civil judge exam candidates are women, and 41% of Supreme Court law clerk candidates are women.
- Inclusivity Efforts: Initiatives by the Supreme Court Advocates-on-Record Association (SCAORA) aim to support diversity, including giving weightage to first-generation lawyers for Senior Advocate designations.
- Judicial Recognition: The judiciary acknowledges the growth and contributions of first-generation lawyers, dismissing claims that recognition is solely based on wealth and proximity.
Conclusion
- The judiciary faces multifaceted challenges, including adjournment culture, oral argument lengths, court vacations, and ensuring a fair platform for first-generation lawyers.
- Addressing these issues requires frank discussions, reforms, and continued efforts to uphold the principles of justice and inclusivity within the legal profession.
