Introduction
On November 24, Justice Surya Kant assumes office as India's 53rd Chief Justice, a role pivotal to the democratic framework. The judiciary, as per the Constitution, holds the exclusive power to interpret and evaluate government actions for constitutionality, with significant trust placed by the framers in its ability to administer justice.
Key Responsibilities and Challenges
- Judicial Appointments:
- Justice Surya Kant's 15-month tenure involves appointing six new judges to the Supreme Court.
- Over 300 vacancies exist across high courts, providing an opportunity to enhance judicial diversity, especially among women judges.
- Balancing judicial independence with the appointment of competent and ethical judges is critical.
- Addressing Case Pendency:
- The judiciary faces a backlog of approximately 153 million cases.
- Technology and other reforms such as policy revamps, training, and capacity building are vital.
- Collaborative efforts with government agencies are needed since they are involved in half of the pending cases.
- National Academy for Lawyers:
- With around 1.8 million lawyers and about 100,000 new entrants annually, a national academy is needed for their training, distinct from the Bar Council of India's regulatory role.
- The academy would focus on developing the skills of future lawyers and judges.
- Judicial Reforms:
- Justice Surya Kant emphasizes mediation as a vital tool for dispute resolution and access to justice.
- The Mediation Act of 2023 marks a significant step in promoting mediation to help preserve societal relationships.
- Protecting Rule of Law:
- The Supreme Court has historically protected civil liberties but failed during the Emergency.
- Justice Surya Kant's tenure is expected to reinforce judicial independence and safeguard citizens' rights.
Conclusion
Justice Surya Kant's leadership is crucial in addressing existing challenges within the judiciary while maintaining its integrity and independence. His tenure will be closely watched as he shapes the future of India's judiciary.