Parliamentary Standing Committee Presents Report on Judicial Reforms; Law Ministry's Response Accepted

Overview: The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice recently presented its 144th Report, detailing the Union Law Ministry's response to recommendations for judicial reforms outlined in the 133rd Report.

This earlier report was presented to the Rajya Sabha on August 7, 2023, and subsequently tabled before the Lok Sabha on the same day.

Accepting the Committee's recommendations, the Union Law Ministry has agreed to establish regional benches of the Supreme Court across India and to publish annual reports for all High Courts and the Supreme Court.

The Committee's 133rd Report included 22 recommendations aimed at judicial reform, covering areas such as the establishment of regional Supreme Court benches, increasing the retirement age of judges, promoting greater diversity in judicial appointments, and reviewing post-retirement assignments for judges.

In the Action Taken Report, the government's response to the recommendations is categorized into four chapters:

Chapter I: Recommendations Accepted by the Government

1. Regional Benches of the Supreme Court: The Committee recommended the establishment of four or five regional benches of the Supreme Court to alleviate the burden on the judiciary. However, the matter remains sub-judice before a Constitutional Bench, with the government referring it twice to the Attorney General.
2. Preparation and Publication of Annual Reports by Courts: The government has urged all High Courts to follow the reporting standards set by the Orissa High Court, promoting uniformity in reporting.

Chapter II: Recommendations Not Pursued by the Committee

1. Increasing Retirement Age of Judges: The government expressed concerns about extending the retirement age of judges, citing potential issues such as favoritism and erosion of parliamentary powers.
2. Performance Evaluation of Judges: The government cautioned against linking performance evaluation to the extension of retirement age, highlighting the risk of undue influence on judges.
3. Vacancies in Courts: While efforts are made to promptly fill vacancies, they continue to arise due to various reasons such as retirements and resignations.

Chapter III: Recommendations Reiterated by the Committee

1. Social Diversity in Judicial Appointments: The Committee emphasized the need for adequate representation from marginalized sections of society in the judiciary, urging the incorporation of diversity provisions into the Memoranda of Procedure for judicial appointments.
2. Post-Retirement Assignments: The Committee recommended a reassessment of the practice of appointing retired judges to public bodies, emphasizing impartiality.
3. Vacations in Supreme Court and High Courts: The Committee proposed a staggered approach to judicial leave to ensure continuous court operations, which is under consideration by the Supreme Court and High Courts.

Chapter IV: Recommendations Pending Government Replies

Mandatory Declaration of Assets by Judges: Draft rules are being prepared under relevant acts to establish procedures for asset declaration, with consultations ongoing to finalize the rules.

These actions reflect ongoing efforts to reform and strengthen the Indian judiciary, addressing various challenges and promoting transparency and accountability.