Vacancies and Backlogs Impacting the Judiciary
As of January 2025, 371 of 1,122 posts across India's High Courts remain vacant, with the Allahabad High Court functioning at 50% capacity.
The backlog of 60 lakh cases across all High Courts is eroding public faith in the judicial system.
Vacancies and slow appointment processes have worsened the backlog, increasing the workload for judges and affecting case handling quality.
Constitutional Provisions and Their Potential
Article 124(3)(c) and Article 217(2)(c) allow for the appointment of distinguished jurists to the Supreme Court and High Courts, but these provisions have not been utilized.
Appointing distinguished jurists could address the vacancy crisis and enrich the judiciary with academic expertise.
International jurisdictions that appoint jurists have benefitted, suggesting this could be a game changer for India’s judiciary.
Role of Academia in Strengthening the Judiciary
Including academics can bring valuable research and critical thinking to the bench, especially for complex socio-legal cases.
Challenges include the lack of courtroom experience and resistance within the judiciary, but training can overcome these barriers.
Academic involvement could provide a fresh perspective, strengthening judicial decision-making and bridging the gap between theory and practice.
Solutions and the Way Forward
The government must expedite Collegium recommendations to fill vacancies in a timely manner.
Reintroducing Article 217(2)(c) to appoint jurists to the High Courts would help address vacancies and bring academic expertise into the judiciary.
Tapping into the academic sector can make the judicial system more dynamic, robust, and capable of tackling complex modern legal issues.
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