COGITO ERGO SUM

MAGNA CARTA
MAINS 2023
PAPER II CRASH COURSE

POLITY : LEC 4B: THEME 4 : JUDICIARY - II

ATISH MATHUR OFFICIAL

OFFICIAL SYLLABUS POLITY LECTURE PLAN

Lecture 1A : Historical Constitutions,

Preamble, Fundamental Rights, Directive
Principles of State Policy, Fundamental Duties

Lecture 1B + 2 : Executive

Lecture 3 : Legislature

Lecture 4 : Judiciary

Lecture 5 : Federalism & Local Self

Government, Separation of Powers & Other
Constitutional Principles, Features, &
Doctrines

Lecture 6 : Bodies & Associated Sectors

JUDICIARY : PYQ : 2013 - 2022
JUDICIARY : PYQ : 2013 - 2022
The Indian Courts seem to have pioneered the use of
suo moto powers, inspiring other South Asian Courts,
including Pakistan and Bangladesh.

CONTEXT
The seeds of Public Interest
Litigation were sown in India by
Justice Krishna Iyer and the word
was coined by Justice P.N
Bhagwati
Four conditions
Some action, inaction or State
of affairs
Which violates the rights of
large number of people, or
causes a large number of
people to suffer a similar
wrong
The right is sought to be
enforced or the wrong
redressed, through a petition
to the Court
By a public spirited person or
an association of persons
acting on behalf of the others
In Supreme Court under Article
32, in High Courts underArticle
226
PIL
NATURE
It is a strategic arm of the Legal
Aid Movement
Intended to bring justice within
the reach of poor masses.
Public Interest Litigation is a
different kind of litigation from
traditional litigations
It is brought before the court not
for the purpose of enforcing
rights of one individual against
other.
Public Interest Litigation is a
cooperative or collaborative
effort of the state and the court
to make social justice available to
vulnerable sections of community
PHASES
Engine of social change
(1970s-1980s) : Focussed on
rights of marginalised sections,
such as bonded labourers,
prisoners, child labourers, and
pavement dwellers etc
Institutionalisation
(1990s): Issues expanded to
from environmental
protection, sexual harassment
at the workplace, right to
education, to good
governance, accountability of
the government and were
sought even against private
persons
Institutionalisation
(Currently visible) To curb the
misuse the institution of PIL
the SC issued guidelines in
State of Uttaranchal v Balwant
Singh Chaufal (2010)
 PIL ADVANTAGES AND PROBLEMS

Contributions :
development in making the Constitutional guarantee of fundamental human
rights a meaningful reality for vast majority of deprived citizens
a powerful tool in establishing many important socio-economic guarantees
(education, health, shelter, livelihood etc.)
triggered legislative reforms and filled legislative lacunae in important areas
through guidelines
enhanced sensitivity to critical issues and public confidence in the judiciary as
being receptive to social realities
Important guidelines and observation made in State
has also had a trans-judicial influence on judicial dialogue wherein courts of
of Uttaranchal v Balwant Singh Chaufal (2010)
South Asian countries, such as in Hong Kong, Bangladesh and Sri Lanka, have
MONETARY : frivolous public interest litigation
relied on Indian PIL cases to develop their own PIL jurisprudence.
petitions, dismissed the petitions with
Judicial activism to judicial adventurism: Where do you draw the line?
exemplary costs.
Petitioners have approached courts for all sorts of issues such as to regulate
NON MONETARY : even passed harsher orders,
the treatment of wild monkeys in Delhi, impose a ban on objectionable
such as initiating prosecution proceedings
photographs in newspapers and condemn the practice of conducting school
against the petitioner for contempt of court.
admission interviews for children
courts too, especially the Supreme Court, have taken many petitions to their
logical conclusion which have not involved a question of fundamental rights
but rather issues like regulation of traffic, arbitrary allotment of petroleum
outlets, investigation of alleged bribe taking, and the authorisation and
legality of e-rickshaws
Ulterior purpose
Disturbing Constitutional balance of power
Strain on limited judicial resources
Symbolic justice
Judicial populism
 TRIBUNALS

Article 323A
Deals with Administrative tribunals
Can be established only by the Parliament
Article 323B
Deals with tribunals for other matters- NGT, COMPAT, SAT
Can be established by Parliament or State Legislature
TRIBUNALS - NEED
COURTS V. TRIBUNALS
TRIBUNALS : ISSUES
TRIBUNALS : TIMELINE
 DATA
The first half of 2023 has been kind to the daunting number of cases pending at the Supreme Court.
Typically, the first half of the calendar year shows an increase in pendency. This year, for the first time in five years, the number of
pending cases has dropped in this period.
This progress is particularly impressive, considering that the court also dedicated this time to hearing Constitution Bench (CB)
cases
From over 69,511 cases at the beginning of the year, the number of pending cases dropped to 68,300 in April
Between February (69,379 cases) and April (68,310)—the SC conducted 26 CB proceedings and pronounced 5 CB judgements
6090494 cases pending in High courts
44059773 cases pending in lower courts

EMERGING TECHNOLOGIES AND THE JUDICIAL SYSTEM

DIGITALISATION OF COURT PROCEEDINGS

USE OF AI AND MACHINE LEARNING
E-FILING OF CASES
VIDEO CONFERENCING FOR HEARINGS
BLOCKCHAIN FOR SECURE RECORD-KEEPING
 ADR

Rationale
Speedy and expeditious resolution of disputes
Cost effective
Reduces the burden on public finances in a country
where resources are already strained
Fewer traumas to the people involved
Confidentiality
Harmonious resolution of disputes and interest to
society at large
ISSUES SOLUTIONS