18 September 2023 : Daily Answer Writing
Mains Answer Writing
One of the key components of these exams is the written test, which consists of a number of essay and comprehension questions. Candidates are expected to write clear and well-structured answers that demonstrate their knowledge and understanding of the topics being tested.
18-September-2023
Q1) Despite efforts by the Indian legal system to swiftly adjust to the new problems and transition to the digital format, the pendency issue facing the Indian court is a disaster waiting to happen. Explain.
Answer
With the rapid advancement of technology, the Indian legal system has taken significant strides towards digitization, introducing various initiatives and platforms to facilitate this transformation.
Efforts Taken and Their Role in the Resolution of Problems:
- E-Courts Project: The implementation of the E-Courts Project in India has achieved remarkable success, reducing paperwork by over 50% and improving access to case information. This has led to a 30% increase in case disposal rates.
- Adoption of virtual courts and video conferencing: has been a resounding success, ensuring uninterrupted proceedings, reducing delays by 40%, and improving case resolution efficiency.
- Legal record digitization: has achieved significant success, with over 80% of court orders and judgments now digitized. This has improved record accessibility, reduced retrieval time by 70%, and enhanced efficiency in legal proceedings by 15%.
- Online legal service platforms: have revolutionized access to justice, serving over 1.5 million users. They offer legal advice, document preparation, and dispute resolution, resolving 60,000 disputes and saving 50 million rupees in litigation costs.
Concerns:
- Heavy Caseload: The immense burden of pending cases in Indian courts creates significant delays in delivering justice. The backlog, as indicated by the National Judicial Data Grid, includes approximately 930 million cases in subordinate courts, 4.9 million cases in High Courts, and 57,987 cases in the Supreme Court.
- Inefficient case management: including frequent adjournments and transfers, significantly impacts pendency. Cases take an average of 15 years to resolve, emphasizing the need for improved practices.
- Inadequate infrastructure, resources, and judicial vacancies: compound the backlog problem, overwhelming judges and delaying case disposal. The persistent issue of 35-40% vacant positions of High Court judges, highlighted in a 2020 report, exacerbates the situation and increases the risk of a disaster.
- Procedural delays: such as the need for numerous hearings that can exceed 100 in some cases, exacerbate the backlog issue and impede the timely resolution of disputes.
Proposed Solutions by Law Commission:
- Increase Judicial Strength: Implement Law Commission recommendations to increase judges’ numbers, reducing workload and expediting case disposal.
- Encourage alternative dispute resolution methods: like mediation, providing infrastructure and training support.
- Simplify Legal Procedures: Rationalize procedures, promote electronic filing, and leverage technology for faster case resolution.
- Improve Infrastructure: Invest in court infrastructure, appoint support staff, and deploy modern technology for enhanced efficiency.
Conclusion
By embracing innovation and proactive reforms, the pendency issue can be effectively mitigated, ensuring a robust and responsive judiciary that upholds the constitutional rights of its citizens and paves the way for a just and equitable society.
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2) Discuss the implications of recurring disruptions in parliamentary functioning on the effectiveness of democratic governance in India. What measures can be taken to address and mitigate the challenges posed by such disruptions?
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3. How can India balance its global leadership aspirations with the pressing issue of non-communicable diseases (NCDs)? Discuss the economic and healthcare implications, emphasizing the role of AI-driven solutions in addressing NCDs.
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