Conditions of Subordinate Judiciary
The conditions of subordinate judiciary, which forms the backbone of the judicial structure, are pitiable. Chief Justice Shri P N Bhagwati had this to say about it:
There are large numbers of cases pending in the subordinate courts of District Judges, Civil Judges and Munsifs. It is not possible to cope with this large inflow of cases in the subordinate courts unless and until we bring about structural changes, but even within the existing system, we can do very much if we improve the salary and conditions of service of our subordinate judges and provide them better working conditions. We are unable to attract good talent in the subordinate judiciary because of the rather poor remuneration and unsatisfactory conditions of service of subordinate judges. We do not have enough number of judges in the subordinate judiciary in many of the states nor do we have enough number of courts. The subordinate judges in quite a few states have no housing facilities and they have to depend on lawyers and, sometimes, even on litigations to obtain housing accommodation and that too at exorbitant rent which they can hardly afford. There are not even proper court buildings at many places. Moreover we do not give to our subordinate judges' pre-appointment training or continuing in-service training. We proceed on the assumption that as soon as they are appointed as subordinate judges, some divine wisdom descends upon them and they acquire skill and capacity to deliver justice. The reason for all this is that in many of the states, administration of justice has a low priority. When finances are needed for the purpose of improving the judicial system at the lower levels, there is reluctance to make such finances available. We do not seem to realise that it is subordinate courts which form the basis of the pyramid of justice and the base is strengthened, the pyramid is bound to crumble. It is often forgotten that the contact of the common man with the justice system occurs only at the level of the subordinate courts; he has rarely occasion to go to the High Court and therefore, if we want to inspire confidence in the common man that he can get justice, it is imperative to strengthen the subordinate judiciary. There is also lack of appreciation on the part of many, that if there is a strong subordinate judiciary, the number of appeals to the High Courts will go down and the burden on the High Courts will be considerably reduced.
The conditions of subordinate judiciary, which forms the backbone of the judicial structure, are pitiable. Chief Justice Shri P N Bhagwati had this to say about it:
There are large numbers of cases pending in the subordinate courts of District Judges, Civil Judges and Munsifs. It is not possible to cope with this large inflow of cases in the subordinate courts unless and until we bring about structural changes, but even within the existing system, we can do very much if we improve the salary and conditions of service of our subordinate judges and provide them better working conditions. We are unable to attract good talent in the subordinate judiciary because of the rather poor remuneration and unsatisfactory conditions of service of subordinate judges. We do not have enough number of judges in the subordinate judiciary in many of the states nor do we have enough number of courts. The subordinate judges in quite a few states have no housing facilities and they have to depend on lawyers and, sometimes, even on litigations to obtain housing accommodation and that too at exorbitant rent which they can hardly afford. There are not even proper court buildings at many places. Moreover we do not give to our subordinate judges' pre-appointment training or continuing in-service training. We proceed on the assumption that as soon as they are appointed as subordinate judges, some divine wisdom descends upon them and they acquire skill and capacity to deliver justice. The reason for all this is that in many of the states, administration of justice has a low priority. When finances are needed for the purpose of improving the judicial system at the lower levels, there is reluctance to make such finances available. We do not seem to realise that it is subordinate courts which form the basis of the pyramid of justice and the base is strengthened, the pyramid is bound to crumble. It is often forgotten that the contact of the common man with the justice system occurs only at the level of the subordinate courts; he has rarely occasion to go to the High Court and therefore, if we want to inspire confidence in the common man that he can get justice, it is imperative to strengthen the subordinate judiciary. There is also lack of appreciation on the part of many, that if there is a strong subordinate judiciary, the number of appeals to the High Courts will go down and the burden on the High Courts will be considerably reduced.
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