Chief Justice of India, TS Thakur broke down while speaking at the annual conference of chief ministers and chief justices in Delhi. The conference, chaired by the Prime Minister is an opportunity for sharing upfront the problems faced by the judiciary across the country. The Chief Justice it appears is pained by the mounting number of cases that have accumulated because there aren’t enough judges to hear them. Chief Justice Thakur blamed the Government for its indifference towards appointment of judges which he said has resulted in an “avalanche” of litigation lying pending. Delay in justice delivery is a slur on the judiciary, although judges themselves have little to do with the delay.Justice Thakur became emotional as he appealed to the prime minister on behalf of the litigants and people languishing in jails and also in the name of development of the country and its progress.
It was in 1987 that the Law Commission had recommended an increase in the number of judges from 10 judges per 10 lakh people to 50 judges per 10 lakh people but nothing has moved. Following the Law Commission’s recommendation, the Supreme Court in 2002 had also supported the increase in the strength of the judiciary. A Parliamentary Department Related Standing Committee on Law then headed by Pranab Mukherjee had also recommended taking the judge to people ratio to 50 from 10. But even today, the judge to people ratio stands at 15 judges to 10 lakh people which is way lower than it is in the US, Australia, the UK and Canada.
In 1987, the requirement was 40,000 judges. From 1987 till date India has added another 25 crore to its population and is now one of the fastest growing economies of the world. Investors coming to India to invest here however face a plethora of legal hurdles and delays. It is intuitive that the Chief Justice should mention that the efficacy of the judicial system is vitally connected with the present government’s ‘Make in India’ and ‘Ease of doing business’ campaigns. Rarely have we heard a Chief Justice of the Supreme Court make such a direct appeal to the Prime Minister. We hope this bodes well for the justice system in the country. Modi should respond with swift action.