Why in NEWS
The subordinate judiciary, which handles 87.5% of India’s total cases, is overwhelmed by vacancies, case backlogs, and outdated systems, creating significant economic bottlenecks. Countries like Singapore and Kenya have shown how judicial reforms can fuel economic progress.
Key Concepts Simplified
| Term | Meaning |
|---|---|
| Subordinate Judiciary | Lower courts functioning under the High Court, including district, sessions, and magistrate courts |
| AIJS | All India Judicial Service – a proposed central recruitment system for lower judiciary |
| ADR | Alternative Dispute Resolution – settlement outside courts (e.g. mediation, arbitration) |
| Judicial Backlog | Accumulation of unresolved legal cases over time |
| Digital Divide | Unequal access to digital technologies, especially in rural and low-income areas |
Subordinate Judiciary: Structure & Powers
| Level | Type of Court | Jurisdiction |
|---|---|---|
| Top District Court | District & Sessions Court | Civil + criminal (life sentence, death penalty – HC confirmation required) |
| Civil Subordinates | Subordinate Judge, Munsiff | Unlimited and limited pecuniary jurisdiction respectively |
| Criminal Subordinates | CJM, Judicial Magistrate | CJM: up to 7 yrs; JM: up to 3 yrs imprisonment |
| Specialised Courts | Metropolitan courts, Small Causes Courts, Panchayat courts | City-specific, petty civil/criminal matters |
| Appeals | High Court | Appeals from all lower courts go to respective High Courts |
Key Data and Economic Impact
| Impact Area | Details |
|---|---|
| Macroeconomic Drain | 45 million pending cases at district courts cause an economic loss of 0.5% of GDP (₹1.5 trillion annually) |
| Investment Barrier | Vacancies & delays lower investor confidence; India ranks 163rd in contract enforcement (Ease of Doing Business 2020) |
| Locked Resources | Land, labour, capital locked in litigation reduces productivity |
| Shadow Economy Growth | Delayed justice discourages formal contracts; pushes business into informal sectors |
| Tax Loss | Inefficient courts reduce tax compliance and fiscal gains |
Key Challenges
| Category | Description |
|---|---|
| Vacancies | 5,388 posts vacant; judges hear ~746 cases/year vs global ideal of 200–300 |
| Digitisation Issues | Lack of unified platforms; fragmented systems exclude rural & small businesses |
| Gender Gaps | Only 6.7% women-friendly courts; practice rule limits entry of women |
| Recruitment Problems | 3-year practice requirement and decentralised hiring reduce talent diversity |
| Case Management Gaps | No integration of police–court–forensics; manual processes dominate |
| Digital Exclusion | Tech reforms risk excluding less-educated and rural litigants |
Reform Measures
| Reform Area | Solutions & Global Models |
|---|---|
| Recruitment | Create AIJS for centralised, merit-based hiring (like IAS); Drop 3-year rule |
| Digitisation | Unified digital platform integrating police, courts, forensics; 100% paperless filing (Brazil, Thailand models) |
| ADR Expansion | Mandatory mediation (Singapore resolves 80% cases pre-litigation); Promote Lok Adalats and commercial courts |
| Court Infrastructure | Night courts, AI-based case scheduling (Malaysia), double shifts (Ghana) |
| Inclusivity | Women-friendly courts; childcare & lactation rooms; Village Legal Kiosks for assisted e-filing |
| Accessibility | Multilingual AI tools to aid regional litigants and non-English speakers |
In a Nutshell – Memory Code: “JUDGES GAP”
J – Judicial vacancies
U – Underused tech
D – Digitisation divide
G – Gender exclusion
E – Economic slowdown
S – System inefficiency
GAP – Governance, Access, Pendency
UPSC Prelims Practice Questions
- Which of the following articles of the Constitution relate to Subordinate Courts?
A. 124–130
B. 233–237
C. 214–231
D. 239–241 - Consider the following statements about the All India Judicial Service (AIJS):
- It exists and recruits through UPSC.
- It aims to create a uniform recruitment process for district judiciary.
Which is/are correct?
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
- Which country reduced its average commercial case time due to judicial reforms?
A. Bangladesh
B. Kenya
C. Myanmar
D. Nepal
UPSC Mains Practice Questions
- Judicial backlog in the subordinate judiciary is not just a legal problem but an economic one. Discuss with suitable examples. (GS2 – Polity & Governance)
- Examine the feasibility and benefits of introducing an All India Judicial Service (AIJS) to resolve the structural issues in India’s lower judiciary. (GS2 – Polity, Constitutional Bodies)
Answer Key with Explanation
| Qn | Answer | Explanation |
|---|---|---|
| 1 | B | Articles 233–237 cover subordinate courts under Part VI |
| 2 | B | AIJS is still a proposal; it aims for uniform recruitment but is not yet implemented |
| 3 | B | Kenya improved court timelines via judicial reforms |
