JUSTICE DELIVERY SYSTEM AMID CORONAVIRUS

PANDEMIC: AN ANALYSIS IN INDIAN CO NTEXT

A DISSERTATION
SUBMITTED TO THE
VEER MADHO SINGH
BHANDARI UTTARAKHAND
TECHNICAL UNIVERSITY,
DEHRADUN IN PARTIAL
FULFILLMENT FOR AWARD OF

DEGREE
IN
MASTER OF LAWS (LL.M.)
(BATCH 2022-2023)

SUBMITTEDBY: SUBMITTED TO:

ABHINAV BAZWARIA Dr.RAVINDRA KUMAR
LL.M 1ST YEAR (ASSISTANT PROFESSOR)
ROLL NO. 221476262001
JAGRAN SCHOOL OF LAW

2022-2023

CERTIFICATE
It gives me immense pleasure to certify that Abhinav Bazwaria, a student of LL.M. has worked
under my guidance and supervision in the preparation of her dissertation titled "JUSTICE
DELIVERY SYSTEM DURING COVID-PANDEMIC" which is a partial fulfilment for the
Degree of Master of Laws. The matter embodied in this dissertation has not been submitted in
any university or institution for any other degree or diploma and is worthy of consideration for
award of degree of Master of Laws.

Place: Selaqui,Dehradun.Dr. Ravindra Kumar

Date: 28/05/2023(Assistant Professor)

DECLARATION
I certify that the work contained in the Dissertation is original and has been done by myself
under the supervision of my supervisor. The work has not been submitted to any other Institute
for any degree or diploma. I have conformed to the norms and guidelines given in the Ethical
Code of Conduct of the Institute. Whenever I have used materials (data, theoretical analysis, and
text) from other sources, I have given due credit to them by citing them in the text of the thesis
and giving their details in the references. Whenever I have quoted written materials from other
sources and due credit is given to the sources by citing them.

Date: 28/05/2023

Place: Selaqui, DehradunAbhinav Bazwaria

ACKNOWLEDGEMENT

Completion of an activity requires the grace and blessings of almighty, a zeal for doing a work
and above all a good mentor who always guide in a right way. I take this opportunity to
acknowledge all numerous peoples including my well- wishers, my friends, colleagues and
various institutions. At the end of my dissertation, I would like to thank all those people who
made this dissertation possible and an impressive experience for me. It is my immense pleasure
to records my deep sense of gratitude and sincere appreciation to each and every one of those
who helped, guided, suggested, cooperated and inspired me in this tinny endeavor.

First and foremost, my praises and thanks to God, the Almighty, for his showers of blessings
throughout my research work to complete the research successfully.

I will be failing in my duty if I do not acknowledge the debt of gratitude and heartfelt thanks that
I owe to my esteemed and drastic Guru and Guide Assistant Prof. Dr. RAVINDRA KUMAR,
LL.B., LL.M., UGC NET,Ph.D. JAGRAN SCHOOL OF LAW, SELAQUI (DEHRADUN) He is
person with multiple talent and creativity and he is always a light for the students for reaching
their respective goals. I am proud and thankful to have an opportunity to complete my thesis
work under his valuable guidance, suggestions, encouragement meticulous examination,
remarkable comments and wholehearted cooperation, which has been decisive in the timely
completion of this thesis work,

I express my sincere thanks to Mr. DHANANJAY KUMAR VICE- PRESIDENT, JAGRAN

SCHOOL OF LAW, and SELAQUI (DEHRADUN) for his timely help and advice.

I am grateful to Dr. RAJESH KUMAR, PRINICIPAL JAGRAN SCHOOL OF LAW, SELAQUI

(DEHRADUN), for his support and encouragement in completing the Dissertation.

My heartfelt thanks to my friends and juniors for their support and encouragement.Last but not
least, I take the opportunity to express my gratitude to my family members. To my Mother Mrs.
RanuBazwaria, and My Father Mr. Mandeep Bazwaria, and for all kind of cooperation and
wholehearted encouragement at every stage of my study.
Abhinav Bazwaria

LIST OF CASES

1. Anil Rai v. State of Bihar [(2001) 7 SCC 318]

2. Agarwal Engineering Co. v. Technoimpex Hungarian Machine Industries, Foreign Trade
Co (1977) 4 SCC 367.
3. All India Judges Association & Ors. v. Union of India & Ors. AIR 2002 SC
1752
4. AsokPande v. Thr
5. Birender Kumar v. Union of India AIR 1983 Cal. 273
6. Babu v. Raghunathji (AIR 1976 SC 1734)
7. Bharat Bank Ltd. v. Employees of the Bharat Bank Ltd., AIR 1950 SC 188
8. B.S. Krisha Murthy and Anrs. v. B.S. Nagaraja and Ors. (2011) 15 SCC 464.
9. Gora v. State of West Bengal +(1975) 2 SCC 14.
10. G.D. Kharkare v. Shevade AIR 1952 Nag. 333
11. Grand Vasant Residents Welfare Association v. DDA LPA 775/2003
12. High Court of Judicature of Madras v. M.C. Subramaniam (2021) 3 SCC 560.
13. Ingrid Sahu v. Sri, General Manager, Electrical Rengali Hydro Electric Project, Orissa
(2019) 10 SCC 695.
14. J. Vasudevan v. Using Dhananjay (1995) 6 SCC 254
15. K. Srinivas Rao v. D.A. Deepa AIR 2013 SC 985
16. Krishna VeniNagam v. Harish Nagam (WPC-2014).
17. L. Chandra Kumar v. Union of India AIR 1997 SC 1125
18. M.B. Sanghiv.the Bar Association AIR 1991 SC 1834
19. Maneka Gandhi v. Union of India. AIR 1978 SC 597; (1978) 1 SCC 248
20. Moti Ram v. Ashok Kumar60 (2011) 1 SCC 466.
21. MantooMajumdar v. State of Bihar (1980) 2SCC 406
22. M. Dayanand Reddy v. A.P. Industrial Infrastructure Corporation Limited &
Others, (1993) 3 SCC 137.
23. NareshShridharMirajkar& Ors v. State of Maharashtra AIR 1967, 1 1966 SCR (3)
744.
24. NilabatiBehera vs. Rajasthan State and Others [1997 (6) SCC 241]
25. PuranLal v. Ghosh AIR 1970 Cal. 118
26. Perry Kansagra v. SmritiMadanKansagra (2019) 3 SCALE 573
27. P. Ramachandra Rao v. State of Karnataka (1993) 4 SCC 288
28. Rakhalas v. S.P. AIR 1952 Cal. 17.
29. Ram Sahay v. AnandBihari AIR 1952 MB 31
30. R.D. Agarwala v. Union of India AIR 1971 SC 299
31. Rattan Singh and Sons v. Guru Nanak AIR 1981 SC 2073
32. Santhini v. VijayaVenkatesh Transfer petition CIVIL NO. 1278 of 2016.
 33. Salem Advocate Bar Association, Tamil Nadu v. Union of India [(2005) 6 SCC 344]
34. Shiv Kant Shukla v. Additional District Magistrate of Jabalpur AIR 1976 SC 1207
35. SwapnilTripathi v. Indian (2018) 10 SCC 628.
36. Shahi Enclaves Private Limited v. The State of West Bengal & Ors., CWP No.
8929/2015
37. State of Maharashtra v. Prafulla Desai  (2003) 4 SCC 601
38. State of Rajasthan v. Union of IndiaAIR 1977 SC 1403.
39. State of Himachal Pradesh v. Union of India (2011) 13 SCC 344.
40. S.A.L. Narayan Rao v. IshwarlalBhagwandas AIR 1965 SC 1818
41. State of Odisha v. ChandramaniKanhar I.A. No.982/2020 decided on December 21, 2020
42. State of Gujrat v. ZahiraHabibulla H. Sheikh (2006) 3 SCC 374.
43. State of Karnataka v. Union of India AIR 1978 SC 143.
44. State of Karnataka v. State of Andhra Pradesh AIR 2001 SC 1560.
45. State of Haryana v. State of Punjab AIR 2002 SC 685.
46. State of Jammu & Kashmir v. Thakur Ganga Singh AIR 1960 SC 356.
47. State of Bihar v. Union of India AIR 1970 SC 1446
48. Supreme Court Bar Association v. Union of India AIR 1998 SC 1895
49. Than Singh v. Supdt. of Taxes AIR 1964 SC 1419
50. Union of India v. People&Union for Civil Liberties [1997 (3) SCC 433]
51. Union of India v. BrijKhandalwal, AIR 1975 Del. 184
52. Union of India v. LokPrahari AIR 2021 SC 2019.
53. Vijay Kurle Case 2020 SCC Online 407

Contents
CERTIFICATE.........................................................................................................................................2
DECLARATION.......................................................................................................................................3
.................................................................................................................................................................... 3
ACKNOWLEDGEMENT........................................................................................................................4
LIST OF CASES.......................................................................................................................................6
CHAPTER-1............................................................................................................................................11
INTRODUCTION:..................................................................................................................................11
1.1. REVIEW OF LITERATURE.................................................................................................17
 1.3 JUSTICE CONCEPTUAL FRAMEWORK...............................................................................18
1.4 ACCESS TO JUSTICE.................................................................................................................20
1.5.HISTORICAL ANALYSIS...........................................................................................................21
1.6. The Current Situation..................................................................................................................22
1.6.1 The Indian Court System's Hierarchy..................................................................................22
1.7. Justice in the Courts is Delayed...................................................................................................23
1.8.Statement of Research Problem....................................................................................................25
1.9.Significance of the study................................................................................................................25
1.10.Objectives of the study................................................................................................................26
1.11.Hypothesis....................................................................................................................................26
1.12. Methodology................................................................................................................................27
CHAPTER-2............................................................................................................................................28
JUSTICE DELIVERY THROUGH TRADITIONAL AND ALTERNATIVE DISPUTE
RESOLUTION SYSTEMS.....................................................................................................................28
2.1. INTRODUCTION........................................................................................................................28
2.2.JUSTICE DISTRIBUTION IN EARLY TIMES........................................................................29
2.3.JUSTICE DISTRIBUTION IN THE PRESENT AGE...............................................................30
2.4 DIFFERENT MODES OF TRADITIONAL SYSTEMS FOR DELIVERING JUSTICE.......32
2.4.1 The Indian Supreme Court....................................................................................................32
2.4.3.Court of appeals jurisdiction.................................................................................................43
2.5.ALTERNATIVE DISPUTE RESOLUTION: HISTORICAL BACKGROUND.....................44
2.5.1. Placement during the British Empire...................................................................................45
2.5.2.Position in the Post-Independence Era..................................................................................46
2.6.BENEFITS OF AN AUTHENTIC DISPUTE RESOLUTION..................................................47
2.7.AN OPTION FOR JUDICIAL REFORM...................................................................................49
2.8.ADMINISTRATIVE TRIBUNALS: CAUSES AND DEVELOPMENT..................................51
2.9.OVERVIEW OF THE ADMINISTRATIVE TRIBUNALS ACT OF 1985..............................53
2.9.1.Administrative tribunal characteristics................................................................................54
2.10. OTHER DISPUTES RESOLUTION METHODS...................................................................56
2.10.1. Negotiation...........................................................................................................................57
2.10.2.Mediator................................................................................................................................58
2.10.3. Arbitration...........................................................................................................................59
2.10.4.Arbitration and mediation...................................................................................................60
 2.10.5.Conciliation-arbitration.......................................................................................................61
2.10.6. Negotiation...........................................................................................................................61
2.10.7 Conciliation...........................................................................................................................62
CHAPTER-3............................................................................................................................................62
EMERGING ISSUES IN INDIAN JUDICIARY..................................................................................62
3.1.Case backlog...................................................................................................................................62
3.2 Inadequate System for Judge Appointment and Training.........................................................64
3.3. Corruption....................................................................................................................................65
3.4. Court delays are a problem..........................................................................................................66
3.5 DIFFICULTIES FACING THE INDIAN JUDICIARY.............................................................67
3.5.1 Court Procedure Restraints...................................................................................................68
3.5.2.Poor Infrastructure....................................................................................................................68
3.5.3Expensive Justice.....................................................................................................................69
3.5.4 Danger to the Judiciary's Independence...............................................................................69
3.5.5 Less use of technology.............................................................................................................69
3.5.6 Need for Caution and Restrictions........................................................................................70
3.5.7 Limited Engagement with Society.........................................................................................71
3.6 CRITICAL ANALYSIS................................................................................................................71
3.7.RESPONSE TO DELAY OF JUSTICE.......................................................................................72
3.8. FACT, LAW, AND LEGAL APPLICATION............................................................................73
3.9.LEGAL PROVISIONS, RULES AND REGULATIONS ON DELAY.....................................74
3.10. THE CONSTITUTIONAL DUTY TO SPEEDILY HANDLE JUSTICE..............................74
3.11. IMPACT ON THE QUICK DISPENSATION OF JUSTICE IN PROCEDURAL CODES 76
3.11.1.The Code of Civil Procedure (CPC) of 1908.......................................................................76
3.11.2.Modification of CrPC Section 309.......................................................................................78
3.12 Reports from Law Commissions................................................................................................80
3.13 Trial Court Delays and Backlogs................................................................................................81
CHAPTER-4............................................................................................................................................83
ROLE OF THE JUDICIARY IN PROTECTING FUNDAMENTAL RIGHTS DURING COVID-19
.................................................................................................................................................................. 83
4.1.PRIORITY OF LAW FOR ALL..................................................................................................84
4.2.RIGHTTO TRAVEL WITHOUT RESTRICTION WHEREVER IN INDIA.........................84
4.3.PROTECTION OF LIFE AND INDIVIDUAL FREEDOM......................................................84
 4.4.HON'BLE SUPREME COURT OF INDIA AND THE LOCKDOWN....................................85
4.4.1.The Indian judicial system's initial response........................................................................85
4.4.2.Migrant problem.....................................................................................................................85
4.4.3.Issues Concerning Prison Congestion...................................................................................86
4.4.4.Issue pertaining to Healthcare Workers' Provisions............................................................86
4.4.5.Concern over Private Hospitals Increasing COVID-19 Treatment Fees............................87
4.4.6.A problem with how dead bodies and patients were handled during COVID-19..............87
4.5.COVID-19 SPREAD IN A CHILDREN'S HOME: A PROBLEM............................................87
4.6.CONCERN ABOUT AIR TRAVELLERS..................................................................................87
4.7.CONCERNING THE PAYMENT OF SALARIES TO EMPLOYEES BY PRIVATE
EMPLOYERS DURING THE LOCKDOWN..................................................................................88
4.8.COVID-19 PANDEMIC: JUDICIAL IMPACT ON CONSTITUTIONAL MORALITY.......88
4.9.JUDICIARY'S PART IN MAINTAINING CONSTITUTIONALISM DURING PANDEMIC
...............................................................................................................................................................89
4.10.JUDICIAL PARTICIPATION IN COVID-19 TESTING AND RENTING HEALTH
RESOURCES.......................................................................................................................................89
4.11.JUDICIARY'S PART IN MAKING SURE JUSTICE IS DISPLAYED DURING COVID-19
PANDEMIC.........................................................................................................................................89
CHAPTER-5............................................................................................................................................90
IMPACT OF THE PANDEMIC ON THE ACCESSIBILITY OF JUSTICE AND RESPONSE OF
COURT DURING PANDEMIC.............................................................................................................90
5.1.CHANGES TO INDIAN LAW.....................................................................................................92
5.2. FRAMEWORK FOR ESTABLISHING JUDICIAL INDEPENDENCE................................95
5.3. LOWER COURTS' REACTIONS TO THE VIRTUOUS PROCESS.....................................97
5.4. LITIGATING PARTIES' VIEW OF VIRTUOUS PROCEDURES........................................99
5.5.PANDEMIC EFFECTS ON JUSTICE ACCESSIBILITY......................................................100
5.5.1. Justice is accessible to women.............................................................................................100
5.5.2. Justice is accessible to the LGBTQI+ Community............................................................101
5.5.3. Justice is accessible to workers and employees..................................................................102
5.6. ADMINISTRATION FACES DIFFICULTIES IN DELIVERING JUSTICE......................102
5.7. SUGGESTIONS FOR IMPROVING THE VIRTUAL PROCEEDINGS.............................104
5.8.ACCESS BY LITIGANT TO THE ADJUDICATORY MECHANISM.................................104
5.8.1.imperatively reasonable........................................................................................................104
5.8.2.case categorization................................................................................................................104
5.8.3.a common and safe platform for judicial service is established........................................104
CONCLUSION AND SUGGESTION.................................................................................................105
BIBLIOGRAPHY.................................................................................................................................110

CHAPTER-1

INTRODUCTION:
From the past two years, the world is dealing with a virus which is popularly known as
Coronavirus or Covid-19.The first case of this virus was first detected in the city of Wuhanin,
China, after that it grew quickly all around the planet and pandemic was formally recognized as
such by WHO (World Health Organization) on 11th February 2020. In India, the very first case
was detected in Kerala, the disease rapidly spread throughout the country and the Indian
Government imposed lockdown throughout the entire nation. The outbreak of coronavirus
affected all spheres of life including the Judicial System. The Supreme Court of India had
established specific rules for the functioning of judicial functioning during the pandemic. The
Electronic filing of only urgent cases was done virtually by electronic mode, the hearing of the
urgent cases was done through online video conferencing and even, the judgment of those cases
were also delivered through online mode. Justice. Dy. Chandrachud and L. Nageswara Rao
issued directions on the operation of courts via video conferencing to reduce the physical
appearance.

During the coronavirus crisis, the judicial system is praised becoming a safer method for
administering justice. The Indian Judiciary had become advanced amid the coronavirus
pandemic, the judiciary has learned the traditional way of organizing courts like hearing trials
through video conferencing and recording of testimony from witnesses and the accused under
trial. Therefore, Our Indian Judiciary had advanced according in relation to today's world.

The Covid pandemic has featured the requirement for quick joining of technology into
the equity framework, be that as it may, there are some biting holes among the states and UT’s to
take on innovation, around 60% of the prisons are furnished with the offices for video
conferencing, and just 10 states and UT'S-Arunachal Pradesh, Assam, Chandigarh, Dadra and
Nagar Haveli, Delhi, Goa, Haryana, Himachal Pradesh, Puducherry and Uttrakhand had profited
these offices in all correctional facilities.

However, after this pandemic, there are normal working of the courts, but somehow if
required, the video conferencing of the witnesses and recording of statements of the accused are
still done if deems appropriate, for example, if the accused is unable to appear in the court due to
some reason then the court can use the method of video conferencing. So, therefore, there is a
smooth functioning of our Indian Judiciary.

Covid-19 has caused the Indian legal system more disruption than ever. It has thrown doubt on
the antiquated methods of administering justice, educating the public about the law, and
providing legal services. The potential of underutilized tools and unconventional work paradigms
(such virtual hearings) has been channeled by the pandemic. Traditional working practices have
changed and been adopted with amazing speed and simplicity.
In a very short period of time, law schools made the switch to online education, the courts
adopted the Virtual Courts System, and law firms continued to operate from home, making
technology vital to the survival of the Indian legal system.

The pandemic's effects can be clearly seen in Indian courtrooms. The Indian Courts have turned
to virtual hearings in virtual courtrooms to ensure that the administration of justice is not
interrupted in order to uphold social distance standards and to stop the spread of the second wave
of this contagious infection. The most recent instance that can be used here is Justice Jasmeet
Singh of the Delhi High Court, who continued the virtual hearing on Monday, June 21, 2021,
until 11 p.m. to finish the cases that were listed before him.

The illustration also implies that the Indian legal system has maintained and preserved our
ancient tradition of justice at all costs, always while reforming the Indian legal system by
embracing technology amid this unprecedented global crisis.

The pandemic situation right now is really unpredictable. How long the movement restrictions
and social distance orders will last is very difficult to predict. Even when the immediate crisis
has passed, it is anticipated that these precautionary measures would continue for a considerable
amount of time.

The current situation is probably going to accelerate changes to the Indian legal system. It's
likely that Covid-19 will transform the practice of law and usher in the digital era. It's a good
thing that the court ordered the Virtual Court System to be implemented so that everyone may
access the justice system. In doing so, Indian courts upheld the fundamental tenet of the Indian
legal system, according to which justice must not only be done but also be perceived to have
been done.

The difficulties in these challenging times should be used as a chance for the Indian Legal
System to develop and restructure its operational procedures in order to assuage the
consequences of the Covid-19 pandemic as soon as possible. Having stated that, while on the one
hand a speedy transition may be necessary, on the other hand, it would ultimately depend on how
well each stakeholder could adjust and adapt to this changing situation.

These elements are currently in a state of change as a result of the epidemic. The idea of "access
to justice" has been put up against a novel challenge that has never been seen before. The
judiciary has admirably responded by utilizing technology without reluctance to make sure that
access to the courts is not restricted. Although it wouldn't be fully accurate to argue that access
has not been hampered, the Bench's quick use of technology and development of e-courts and
video-conferencing has made sure that the disruption was only temporary.

Any technology innovation that alters an existing system is certain to make us feel
uncomfortable since it pushes us outside of our comfort zones. With time and testing, however,
not only do we begin to adapt to it, but technical innovation also begins to perfect itself. The
judicial system is accustomed to using technology and has always kept up with new
developments in the field. As an illustration, the introduction of the internet and information
technology led to the passage of new legislation, specifically the Information Technology Act of
2000, as well as changes to the venerable Indian Evidence Act of 1872. There is no reason the
epidemic should be any different because there are many examples in history of the law
responding to 'change'. Indeed, this is not the case, as is clear from the dynamism and
adaptability our judicial system has shown. Courts are open, and we can tell benefactors that the
system has been restored despite being destroyed by the pandemic's mayhem. The Bench and the
Bar have worked tirelessly together to ensure that the system continues to function. The only
aspect of "access to justice" that has been implemented throughout the epidemic is assuring
"access," "remote access," or "virtual access," which is a huge improvement over "no access."

Benjamin Cardozo once said, "Existing rules and principles can give us our present location, our
bearings, and our latitude and longitude." These sentiments ring true today. The voyage does not
finish at the inn where one spends the night. Like a tourist, the law needs to be prepared for
tomorrow. It must adhere to the growth concept. The pandemic's effects have shown that, even if
India's legal system isn't prepared for the future, it has begun preparing for change.

The Bench has recently taken strides to become more digital, which complements virtual courts
and electronic submissions. There are two examples: the first is the introduction of e-courts
portals/apps, which made it possible to quickly access case status and obtain soft copies of court
orders. Second, is a 2016 order issued by the Honorable Supreme Court of India in the case of
Youth Bar Association of India v. Union of India directing the police and state to post copies of
first information reports (FIRs) on their websites. If properly implemented, this order could be
linked to the e-filing procedure to guarantee that FIRs are available to the courts electronically.
The Supreme Court's mobile application, which has increased access to case information, also
needs to be mentioned.

No innovation is met without criticism. Virtual courts, electronic filings, and other related issues
have drawn some criticism and opposition. Only with time and greater system refinement can
this be hushed. Any new system will inevitably run into issues. Applications and systems for
video conferencing in courts are not an exception. It is encouraging to observe the support staff's
extraordinary dedication and relentless efforts in adjusting the Bench and the Bar to the new
system, nevertheless. Of course, not everyone is tech-savvy, but the current environment requires
that we learn, or at least make an effort to learn, because the near future will usher in an era of
automation and technology, and those who do not keep up with the pace will be replaced.

However, a few phrases that describe someone who has participated in a few court hearings
through video conference include "simplification of the system" and "ensuring that the sanctity
of the courts/judicial process is not undermined." The streamlining of the filing process,
processes, and formalities would be the most significant move in this direction. At this point, the
Honorable Justice Verma's wise remarks come to mind.

Rules of process are a tool used to further the goals of justice, not an end in and of themselves.
Rules of process are not barriers to obstruct justice; rather, they are instruments forged to achieve
it. It is preferable to construct a rule of procedure that fosters justice and guards against its
miscarriage by enabling the court to administer justice in a variety of situations that cannot all be
anticipated while acting within the bounds of the permissible construction. The cause is clear.
Procedures are designed to support, not direct, the pursuit of justice. There is no reason to throw
out the outcome in a situation where the outcome and fairness of the procedure used are
undeniable and the essentials of the prescribed procedure have been followed simply because
some specifics that might have unintentionally impacted the outcome were omitted. This appears
to be the practical strategy that should be used when interpreting a purely procedural regulation.
Contrary to the role that norms of procedure are supposed to play in our legal system, if they
don't they'll end up becoming the mistress rather than the handmaid of justice.

It might mention the current electronic appeals filing procedure with the Commissioner of
Income Tax, Appeals. For various additional filings, a similar method may be used, saving time
and resources from having to look through pages and pages of petitions and annexures. To
ensure that contested orders, FIRs, and other documents are available online, filing portals that
are connected to both the e-courts portal and police websites can be created. Of course, a
replacement for the conventional oath/affidavit system must be created without disregarding the
honour and grandeur of a court of law. We may once more make reference to the
biometrics/retina scan, etc. system used in the office of the Registrar/Sub-Registrars under the
Registration Act, 1908. This might occur concurrently with the acceptance of electronic court fee
payments. Once more, the use of digital signatures for filings, as is the case with tax filings, may
be considered.

The administration of mediation processes is the other area, which presents a bigger issue.
Proceedings for court-ordered mediation are frequently handled by the legal services authority.
As the essence of mediation is the presence of disputing parties before the mediator, trying to
settle the situation with the mediator's assistance or counselling, it is yet to be seen how the
mediation proceedings would adapt to virtualization. Litigants cannot be expected to be as
flexible for virtual or electronic processes as the Bench and the Bar. Therefore, employing only
traditional systems will be necessary, but with adjustments to maintain social isolation and
safety. Mediation sessions, which are frequently considered more lightly than court proceedings,
would be far more difficult to stay up with the most recent conditions and technology. Legal
assistance would face comparable difficulties. To restate, it would be challenging to get litigants
and clients to accept the change. The post-Covid-19 world will be a whole different place with
wholly different norms, so ideally the same will stand the test of time.

The urgent necessity would be to integrate the new norms into the system so that they continue
long after normalcy has been restored. For instance, mandating virtual courts or e-courts for
specific cases, a specific day of the week or hour of the court day, or only e-courts conducted
through video conference may be taken into consideration for vacation courts, etc. Gradual
adjustments cause less pain and elicit supportive responses, and as a result, our system will begin
to adapt. The Covid-19 lockdown is temporary, but the new conventions it forced us to adopt are
already part of our everyday lives.
1.1. REVIEW OF LITERATURE
In this present study, the researcher conducted the research for the given topic, number of
sites were referred for the study of this specific topic. The researcher took reference from
iacajournal.org and the topic of the article “The COVID-19 Crisis - The New Challenges
before the Indian Justice and Court Administration System” by authors Vijay Rattan
and Jyoti Rattan they mentioned the functioning of E-Courts and how technology has been
improved during this pandemic. The researcher also took the reference from the site
theamikusqriae.com, the article published from this site stated, the abrupt and unexpected
emergence of the covid-19 situation seems to have produced a stronger motivation for a
quick overhaul in the nation’s judicial management. Since personal presences by attorneys,
thanks to the COVID-19 crisis' strict safety measures, and litigants were forbidden from
entering courts,.lhg675the previously implemented technology was increasingly put to use in
the administration of justice.. The covid-19 situation, on the other hand, has produced new
problems in the country’s justice and court administration, especially those confronting the
courts in the aftermath of the lockdown. The researcher also took the help of the site
ncbi.nlm.nih.gov, the article by J. Mitchell Miller and Alfred Blumstein, in their article,
they gave their detailed study on this topic, they mentioned the particular point “CRIME
AND JUSTICE DURING THE VIRUS”

Typical human contact has been to a great extent supplanted by intra-family connection
and mechanized linkages as the infection exploded in online and virtual life. This has made it
feasible for vital government, instructive, and a commercial endeavours that continue to
operate despite social distance, however it has had disadvantages too. As well as expanding
openness to and exploitation from currently pervasive web-based cheats and deceitful
exchanges, expanded screen time additionally builds the gamble of infection explicit
cyberbullying and disdain wrongdoing through every now and again mysterious online
entertainment channels. Consequently, a few ongoing ways of behaving known to compel
criminal open doors and guardianship are influenced by friendly separating to "even
everything out" (Cohen and Felson, 1979). The volume and circulation of wrongdoing ought
to be impacted by changes in way of life brought about by disease dangers, with homegrown
and family brutality being related with constrained seclusion, monetary strain, and increased
willingness to poisonous connections made while seasons of limited assistance choices
 (Usher et al., 2020; Bradbury-Jones and Isham, 2020). Between group conflicts, road
markets, and other relational questions ought to be in every way diminished by friendly
estrangement. All the more for the most part, void roads might demonstrate less unlocked
doors mean fewer break-ins, auto thefts, and different types of road brutality, except for
maybe abusive behaviour at home, sex offenses, and unlawful wrongdoings. They may
likewise show that police watches and detection of misconduct in a typical “problem
area”neighbourhoods are being expanded.

1.3 JUSTICE CONCEPTUAL FRAMEWORK

"The trinity of the judicial system is Justice, Justices, and Judiciary. For all three to
perform properly, they must be adjusted to meet the requirements and the third world's, and
even the fourth world's, needs are urgent. Oppressed, marginalized, and under-humanized
sectors. Justice, therefore, what is it? Its core human nature is the same everywhere: to
provide each individual or group what they are due in a certain social economic and political
environment C.K. Allen discovered various types of justice in his grammar of justice,
including; Natural justice, synallagmatic justice, distributive justice, righteous judgment, and
universal justice in particular, justice in writing, justice in deed, justice in politics, justice in
society commutative justice, recognition justice, legal justice, sub-juridical justice, economic
justice Justice, including administrative justice, tributary justice, divine justice, and
constitutional justice in education, justice in business, justice in the nation, justice in the
world, and justice in parenting justice.”1 Justice should not only be done but it should also be
upheld, according to the cardinal rule of justice. Justice must feel like it has been done for
those who receive it, so it must be perceived to have been done. Finished with them. Justice
and equity are both defeated by delay and if the delay is It more thoroughly frustrates justice
in regard to the criminal justice system. It does not just important that the legal system's
machinery operates effectively, but it should also work should be used wisely and finished
within a reasonable amount of time. Therefore, the need for the administration of justice to
be both prompt and thorough. If a matter is not resolved quickly enough or takes an
excessive amount of time, specific circumstances, or nothing more than an injustice that
passes for justice. It's true, if a person approaches a court of law for whatever reason, which
is the most fundamental component of justice, if he needs assistance, the court of law must

1
Aspects of Justice, CK Allen, Universal Law Publishing, Delhi, Third Indian Reprint, Page 3
promptly deliver the results. Justice as an idea is consequently depended on the prevention of
unwarranted delay. system spins. In one sense, justice entails providing quick and affordable
relief if a person with legal issues who addressed the court is not given justice, that can be
perceived as denying them justice or being unfair to them over time. Prolonged proceedings
affect the parties involved financially and psychologically, Consequently, their confidence in
the system of justice administration was damaged. Unnecessary. The glaring flaw in the
administration of justice is a barrier to the resolution of cases to India. The following quote
from Prof.AmaratyaSen would be appropriate here: It is impossible to maintain social order
without an ideal justice system; what is needed is to prevent blatant inequalities that are
pervasive in our society. Among the most notable Delay in administering justice is a clear
example of the injustices that are pervasive in Indian society. encourages quick trials as a
crucial component of the judicial system in our nation generally and in specifically the
criminal justice system." Every legal system's main goal is to provide fair, just, and
reasonable economic delivery of justice that is open, logical, and timely. Litigation is a
necessary component of all societies. It prevents growth and upsets the tranquillity of human
life; as a result, it becomes essential to look for a quick and straightforward way to resolve
disputes. The character of laws and the court's rulings determine the litigants' rights or
obligations. Laws are the set of rules and guidelines that society has established for control
over human behaviour law is sometimes referred to as a set of accepted ideas. And is useful
to the State in the administration of justice. Consequently, it is a tool, which enables residents
of a community to coexist peacefully and order among one another manner. "The
unstoppable law of nature is working diligently to restore the balance out of need. The
fundamental material, the source of this balance, has the responsibility of preventing chaos
by ensuring that each component stays inside its limitations to ensure the total victory of One
cannot be superior than another. Justice has occasionally been seen as a social construct,
similar to equality, liberty, right and value. According to contractualists like Hobbes, Locke,
and Rousseau, a society presupposes the idea of justice logically. Debatable is whether or if
the civil society originated from a natural state. However, the reality is that the idea of
society cannot be without using the idea of justice. One could assert that the representation of
the condition of Nature is rational, not historical. One could think of the social contract
hypothesis as a logical a critique of the idea of society, not a narrative of its past. the social
 contract be understood as a restatement of the theoretical tenet that society, justice, and
contract are connected.

1.4 ACCESS TO JUSTICE

One of the cornerstones of the rule of law is the ability to obtain justice. citizens lack
access to justice, cannot exercise their fundamental right to be heard, and cannot implement
rights, contest injustice, or make decision-makers accountable. Providing justice should be
neutral and objective. The independence of the judicial system, along with its impartiality
and integrity, is a necessary prerequisite for keeping the law in force and guaranteeing that
There is no bias against the administration of justice. "The judiciary's standing and reputation
for blatant impartiality are not at the It is a resource that belongs to the whole country and is
not at the disposal of any government. Below the all citizens should get appropriate legal
protection under the Rule of Law, and there must be an unrestricted right of access to justice
for it to make sense. As stated by Lord Bingham: "It would appear to follow logically from
the principle that everyone is governed by the law and is entitled to the protection it provides.
as a last option, to have their civil rights and demands decided in court. a non-binding
Anybody's right or claim is of little worth. Access to justice has been guaranteed by law since
among the "most significant and essential human rights in various international tools, like as
constitutions and charters.2 Additionally, Article 67 of the Rome Statute of the International
Criminal Court acknowledges a person's right to access justice. Article 1 of the Treaty on
European Union 'Right to an effective remedy' is described in Article 47 of the 'European
Charter on Fundamental Rights'. Under the Council of Europe, "Article 6 of the European
Convention on Human Rights guarantees the right to an effective remedy and a fair trial."
Significant protections are provided by the Convention on Human Rights and Fundamental
Freedoms for the right to seek justice. According to Article 8 of the "Universal Declaration
of Human Rights," "Everyone possesses the right to effective redress from the appropriate
national tribunals for acts that violate the basic liberties made available to him by the
constitution or the legislation." 'Principles of Freedom from Arbitrary Arrest and Detention',
Article 16 "To ensure a guarantee that no one will be denied the opportunity to obtain," the
clause reads. provisional release due to financial constraints, alternative types of provisional
release, and upon the provision of financial security.

2
Article 14(3) of the International Covenant on Civil and Political Rights,1966 (ICCPR)]
1.5.HISTORICAL ANALYSIS
The foundation of the state (Rajya), the role of the king, and the possession of power
conferred on the king by the "Shanti Parva" to defend the rule of law 'Rajdharma' is a topic
covered in the Mahabharata, which reveals that in the Early on in this country's growth, there
was a lot of emotional weight attached to Dharma was regarded as mandatory by the
populace. As a result, everyone was acting. There was no need for a governing body to
enforce the regulations, according to Dharma. The Dharmasastras established the king's
(state's) absolute obligation to keep society in a dharmic state, which was necessary for its
implementation of Kama and Arth. Rajdharma, which declared that the king's dharma was
supreme inside the According to the Rajdharma's vision of the state's constitutional structure,
The king received the highest honours but dharma was elevated above him in society.
Because of the definition of that term. That Law, or Dharma, was the King of Kings.. The
highest was the King out of the seven saptangas, often known as the state's seven limbs or
sections,, the executive (Shaska) and the highest judiciary (NyayaDhiksha), respectively,
were naturally held by the king. regarded as the most essential and just constituents.
Consequently, it was an accepted idea. "Dharma will help with the use of the King's strength,
the Weak defeat the Strong," Strong”. As a result, the king was given sole authority over the
executive branch. The decision had to be made with the utmost honesty. Ancient times
attested to the fact that "it was the Protecting his subjects and suppressing the evil are the
king's duties. The king's personal responsibility was to uphold justice. The highest court will
be presided over by him, and give the litigants their due. Upon reaching a decision in the
matter, the King is anticipated to carry out the judgement.. It is clear from the Rajdharma's
provisions that, by guaranteeing theRajadharma was fundamentally concerned with the
welfare of its followers. Only then was it attained through enacting regulations that govern
people's behaviour and carrying them out through the officers and government employees.
Despite being the people's protector, King Rajdharma stipulated that the King was also the
supreme power, hence the King was not capable of receiving 1,000 times the amount of
punishment for an offence. The spirit of this regulation is that The King was not above the
harm that may be inflicted on a regular citizen. A noteworthy finding from the
aforementioned clause states that Rajdharma made a distinct division between judicial and
executive responsibilities. when performing executive tasks were mandated to be carried out
 by the king in accordance with the counsel of ministerial council, judicial It was necessary to
exercise power while considering the judges' judgment.

1.6. The Current Situation

Without enforcement of the law and the application of the In India, judgments are a
significant issue. Implementation is reliant on numerous organizations and institutions like
the court system, the police department, and so forth, but the judiciary can be considered the
essential the foundation of effective implementation tool. because the dispute resolution
mechanism's major planning is involved.3 Several watchers would concur that slow pace of
the Indian legal system is its primary shortcoming. where cases are handled. Even scheduled
cases can occasionally become mired in a judicial impasse for years. The outcome is that the
structure has a massive and growing build-up of cases. In the upcoming years, there will be a
severe need for swift justice because of traditional According to court estimations, the
number of cases pending will increase by five times. reach 15 billion, but the judiciary power
will increase just four times, to 75,000. The treatment of nearly 19,000 judicial personnel,
including 18,000 officers in trial courts, a backlog of 3 crore cases, with each civil case
taking around 15 years to complete and giving. The adage "justice delayed is justice denied"
has some merit. As a fundamental right under the law, the ability to enforce rights Sanctions
are useless. The Dharmshastras of ancient India's view of justice implies that the dharma
(law) upheld by the king's (states) power shall permit the weak to overcome the strong. This
demonstrates that the state has the primary responsibility in this. To supervise the
enforcement of the judgment rendered by the appropriate court. The role of the judiciary is to
issue judgments, not to see to it that they are carried out. is what the government must do. It
has been argued that a democratic state "must make its law." valid...by combining it with
what citizens have experienced, and, most importantly, by associating assist them in the
legislative and executive processes.

1.6.1 The Indian Court System's Hierarchy

A single wing of the three wings of the government is the judiciary. It dispenses justice
by way of the judicial system. The highest court in India is the Supreme Court., followed by
the courts, including district courts and high courts. The legal system is set up in a very
strong hierarchy and judicial system by their authority. This system is robust enough to

3
The Future of India: Politics, Econmics and Governance, Dr Bimal Jain, Penguin 2005
 prevent courts from exercising their authority and ability. Articles 124 to 147 of the Indian
Constitution grant the authority to The Supreme Court's makeup is currently being decided.
The focus of this court is focused on the appellate tribunal. The appeals of cases heard in the
district court are being accepted by this court. Numerous states and union territories have
high courts. with relevant parties' displeasure. Additionally, writ petitions containing
suspected occurrences of activities are accepted by this court.4 It could suggest a breach of
human rights, after which requests are accepted ponder and assess the effects of such events.
The second tier of India's democracy is the High Courts. Article 141 of the Constitution of
the United India. They are subject to the restrictions imposed as far by the Supreme Court of
India. Orders and judgements are involved. The highest court in India is the Supreme Court.
courts and is in charge of updating the precedent-based guidelines provided to the High
Courts. High courts are the types of tribunals established as tribunals powered by Article 214
of the Indian Constitution, Part IV, and Chapter V Constitution. In India, there are 24 high
courts.

1.7. Justice in the Courts is Delayed

Hon. Justice K.G. Balakrishnan, a former Chief Justice of India, speaks openly When it
comes to delays, it is stated that "it refers to the time spent in the legal process in the context
of disposition of the case, over the period that a situation fairly be anticipated to be resolved
the Court's decision. Whether inquisitorial or adversarial, an adjudicatory mechanism A
case's anticipated lifespan is a built-in feature of the system. Nobody expects a case to arise
to be an overnight decision. However, a difficulty arises when there amount of time required
to dispose of the When a case takes significantly longer than anticipated to complete, we
remark there has been a delay in administering justice. Examining the statistics would reveal
that despite attempts being made to alterations made at various scales and a significant rise in
output produced by the system, the difference between the patients' projected and actual life
durations is diverging more and more. He also stressed that "the public's faith in the justice
system will start to dwindle because Delay in justice results in forgetting, exclusion, and
ultimately discharge. There is a sizable case backlog in the Indian judiciary, which would
ultimately have repercussions for disregarding legitimate judicial access about a delay that

4
http://timesofindia.indiatimes.com/india/India-to-have-15-crore-pending-cases-by-2040-reportsays/articleshow/
18054608.cms(last accessed on 28 april 2023
 arises most of the time in the judicial delivery system. the situation where there is a delay in
clearing It is not unusual for matters to be pending in court. It has been attacking the courts
for a long period. The Supreme Court made this quite apparent that "this state of connections
must one of the fundamental tenets of our government is that our judicial system should be
independent and effective. constitution. Our constitutional duty is to make sure that the case
backlog is the disposal of cases has reduced, and attempts are being undertaken to increase it.
the prolonged disposal cases have had an impact on not only the typical cases but also those
who, by their very nature, nature, need prompt alleviation. 5 In response to the crisis, a
number of Commissions and Committees have been constituted. have turned in their
rectifying reports. Despite the fact that the arguments have had some success, the issue is still
present. This issue has changed the legal system. system to controlled harm. Additionally, it
has somewhat surprised the public’s commitment in the court's ability to bring back their
objections. for effective performance of the duties It is crucial that the citizens' trust and
reputation in the courts are strong and the regard they have been accorded, ought to be
cherished. decline of the judicial system Organization may undermine the effectiveness of
the fundamentals of the constitutional order. The delay in the administration of justice under
military control is the main issue that needs to be resolved.. As former Chief Justice of the
United States, Justice Warren Burgerthe American context, the American Supreme Court
stated, "The terrible truth is that headed for a society where lawyers are in droves, ravenous
as locusts, and Judge more bridges than ever before thought possible. The idea that common
people courtrooms with exquisite panepanelling lack-robedges, and well-dressed attorneys as
the scene reconcile their differences is incorrect. People with legal issues, like those who are
in pain, desire relief, and they want it as soon and cheaply as possible. "It gives me great
pleasure that the general public maintains the integrity of our judicial institutions are held in
high regard despite their flaws and limitations. However, there are substantial doubts about
the court system's effectiveness and capacity to dispense justice that is quickly affordable.
Justice system credibility is under scrutiny as a result of increasing case backlogs, processing
delays, the expensive expense of seeking justice, and occasionally due to a lack of integrity
in some judiciary departments. We are entitled to take pride in our legal system's superiority
and efficiency. But we can't deny that it exists. has major flaws that call for immediate action

5
All India Judges Association &Ors. v. Union of India &Ors. AIR 2002 SC 1752
 to improve its performance, therefore as to offer its customers quick and affordable service.
If people stop believing in the If they receive justice, the entire democratic system might fall
apart. to keep the People should have faith and confidence in the system's capability and
responsiveness. capable of providing justice quickly and affordably. The Indian Law
Commission's 54th Report "carefully examined the Civil Procedure Code 1908 and
reorganized the procedure to make it less formal and more straightforward. and in favor of
swift resolution of judicial cases.6 Additionally, the 77th Law Commission Report of India
"made some helpful recommendations in on decreasing the wait in lawsuit trials before trial
courts and devaluing a backlog7.

1.8.Statement of Research Problem

In this present research, by researching the articles, I found out that there is no need for
special law on Justice delivery system amid Coronavirus Pandemic. As during the pandemic,
the judicial system has already taken various measures to improve the judicial system in our
country. In India, the Government of India has taken necessary steps to improve virtual e-
court system in India and has taken various measures for smooth and fast functioning system
in judicial system during this pandemic. So, in my opinion there is no need of any special
kind of law on justice delivery system in India.

1.9.Significance of the study

The main significance of this present research is that, how the pandemic has affected the
judicial system in India, and how the government has introduced the system of e-courts in
our country, which resulted in pure and smooth functioning of the judicial system during this
pandemic, and also deciding cases within a short span of time. After this pandemic, the
judicial system had massive growth in the smooth functioning of our judicial system in our
country. This sign also shows that during this pandemic, the functioning of courts got easier,
because in case of emergency summoning of persons can be done through WhatsApp and
through another online mode.

6
The 54th Law Commission Report of India
7
The 77th Law Commission Report of India
1.10.Objectives of the study
The objective of this specific research is study the problems faced by the judicial system
of our country. And also how it focuses on the online functioning of our country. The main
objectives of this specific research are as follows:

1. To study Covid 19's effects on the judicial systemin our country.

2. To study, how this Covid 19 pandemic affected the working of courts.
3. To study the mode of working of online virtual E-courts during this pandemic.
4. To analyze the method of speedy disposal of cases during this pandemic.
5. To analyze the functioning of courts through video conferencing.

1.11.Hypothesis
The hypothesis of this present research is that, prior to Covid- 19crisisIn the area of justice
and court administration, India had made significant progress.. Three particularly important
Supreme Court and E- Court services developments. During the covid 19 pandemic, it has
judiciary has no doubt adopted safer method of administering justice during this pandemic
with swift national universalization. However, the most pressing issues that must be resolved
first in order to spare litigants and attorneys undue hardship during this period of rapid
change.

Increase In Pending Cases

As is correctly noted, the covid-19 outbreak has affected adverse impact on business, industries
and Regarding its influence on Indian judicial administration, the legal profession is no
exception. because it has brought entire India to standstill. Pendency of cases is one of those
major problems.

 Reservations by Bar

However, the bar is the opposite and did not welcome the new technology changes in court.
Expressing this concern the bar had argued that In addition to denying lawyers an equal chance
to be heard, virtual procedures favour tech-savvy advocates.. In virtual hearings, The judges'
disposition will determine how they will rule on the matter., apart from that, the physical hearing
is better because advocates stands a better chance of convincing the judges. Additionally, video
conferencing evidence might skew non-verbal cues including facial expressions, postures, and
gestures.

1.12. Methodology
The doctrinal research method has been used in this present dissertation work. Recently, the
COVID-19 situation started, and because the situation is still fluid, It's too soon to estimate the
quantified effect of the epidemic examines several facets of the Indian legal system with
reference to primary and secondary published sources, this paper aims to present a more
comprehensive understanding of the state of the nation's courts and justice system, as well as
how the COVID-19 crisis has affected everything. To start, a brief summary of the prior research
on Indian court technology is provided.
 CHAPTER-2

JUSTICE DELIVERY THROUGH TRADITIONAL AND ALTERNATIVE

DISPUTE RESOLUTION SYSTEMS

JUSTICE DELIVERY THROUGH THE TRADITIONAL JUDICIAL SYSTEM

2.1. INTRODUCTION
The Indian Constitution's founding fathers placed "Justice" on the highest pedestal and made a
considerable effort to emphasize this in the Preamble noticed Above all other rights, including
freedom, parity, and brotherhood, is justice.

The Preamble unequivocally establishes that Economic and social justice takes precedence over
political justice. In search of justice, people resort to the judicial system. The Constitution
specifies standards for the interrelationships, checks, and balances, and defines, delimits, and
defines the roles and responsibilities of each branch of government, including the judicial
branch.. Judiciary independence is regarded as being crucial to the rule of law.8

Justice has traditionally been seen as humanity's highest ideal. It has been the latent desire
driving all social unrest and uprisings. The most intriguing reality is that everyone who wants to
alter the status quo, everyone who supports it, and everyone who supports peace at all costs do so
solely in the name of justice. Both the greatest sacrifices and the darkest acts can be motivated by
justice.

The modern state is required to offer mechanisms for judicial and non-judicial dispute settlement
that each citizen may use equally to resolve their legal disputes.9

The conventional definition of "access to justice" as it is perceived by the general public is

access to the legal system. For the average person, the courts stand for justice itself. He views the
court system as an appropriate and useful venue for administering justice, whether it be civil or
criminal, where the legal rights and obligations of people, both juristic and non-juristic, are
established and upheld.

8
Justice K.G. Balakrishnan, Efficient Functioning of India's Justice Delivery System, Eastern Book Company,
Lucknow, (2007) 4A SCC, P. 1.
9
P.C. Juneja, Equal Access to Justice, Bright Law House, Rohtak, I st Ed. 1998, P. 21.
2.2.JUSTICE DISTRIBUTION IN EARLY TIMES
All current institutions have a history that is buried deep in the past. Even the nation's legal
system and institutions attest to this. the ethical of any nation's current political system was not
developed by a single person or in a single day. It is the culmination of many people's efforts,
experiences, careful planning, and persistent hard labour across many generations. Therefore, it
is vital to get background knowledge of the process of its creation and development in order to
comprehend and appreciate the current legal system in a sufficient manner.

One of the most significant responsibilities of the Kings in ancient times was the administration
of justice. Administration of justice was consequently the king's main responsibility because the
dharma itself had bestowed the duty of protection onto him. The king had a duty to defend his
subjects, ensure their safety and the protection of their property, and uphold social order in order
to foster virtues.10

According to the Mahabharata, Raja Dharma’s unchanging duties include maintaining the truth,
ensuring that people are happy, and keeping society in order. The defence of the subjects and
PrajaParipalana are regarded as the king's highest obligations. The goal of protection was to
prevent the populace from devolving into Matsyanyaya, where the powerful would eat the lesser
as fish do in water, or into anarchy.11

The king was revered as the source of justice in ancient India. The royal palace in the nation's
capital was to serve as the location of the king's Court. The court with initial jurisdiction over all
matters of paramount significance was the king's Court. Additionally, it was the highest Court of
Appeals. The king was advised and helped in the administration of justice by learned Brahmins,
his Court's judges, ministers, elders, and traders' representatives. Even in ancient times, it was
understood that whenever a technical question arose regarding craftsmen, artisans, traders, etc.,
the opinion of those who had firsthand knowledge of those problems was invaluable and could
be taken by the Courts for the purpose of resolving the issue. Even though they were highly
trained in the law, the judges or the monarchs were unable to completely understand such cases
in the absence of pertinent expert advice.

10
V. Sreenivasa Murthy, History of India Part I, Eastern Book Company, Lucknow, I st Ed. 2018, P. 192.
11
Ibid
 Asahaya explains this rule, saying that if all of the assessors of the Court pass an unfair
judgement due to a lack of legal knowledge or out of personal interest, a Brahmana who
happens to be present and is knowledgeable about the sacred laws and the legal system
will point out the error and stop the judges' sinful behaviour. Even though he has not been
designated to render judgement, he will speak. The voice of the divine is what the law is
known as.12
Narada proclaimed, "Let the King choose honourable men of integrity (Sabhyas) to the
Court of Justice who are able to carry the weight of dispensing justice, informed of the
sacred laws, obedient to the dictates of wisdom, and noble and impartial towards allies
and adversaries.."13
To carry out the administration of justice, a person who is knowledgeable about
Vyavahara and Dharma, a Bahushruta, a Pramanajna, or a Nyayasastravalam-Binah who
has thoroughly studied Tarka (logic) and the Vedas, should chosen. Caste factors used to
be a major factor in the appointment of the Chief Judge and other judges in the past.
Almost all legal texts pertaining to the Ancient Judicial System state that the Chief Judge
should preferably be a Brahmin. In descending order of preference, the Kshatriyas and
Vaisyas arrived next. Sudra was not, however, chosen to be a judge.
According to Katayana, when a King starts behaving unjustly, the members of a Court
shouldn't conspire with him. If they do, they will plunge directly into Hell along with the
King. When the king makes an unjust ruling, judges who support him become complicit
in the sin that results.

2.3.JUSTICE DISTRIBUTION IN THE PRESENT AGE

The concept of "justice" is so old that everything has been said about it, while still being
so new that it forms the constantly shifting backdrop of modern society. The development
of justice can be related to the overall evolution of humanity and the different institutions
created for its growth, development, and wellbeing.14

12
M. Ramajois, Legal and Constitutional History of India, Universal Law Publishing, New Delhi I st Ed. 1990, Vol.
I, P. 502.
13
Id at P. 505.
14
R.H. Code, Holland and Schwarzenberger, Law, Justice and Equity, Pitman London, I st Ed. 1967, P. 1.
 The Indian Constitution went into effect on January 26, 1950. The Constitution clearly
outlines the makeup, authority, and duties of each of the three branches of government.
As the highest court, the Supreme Court in the system of justice. In regards to civil,
criminal, and other matters, it has original, appellate, and advisory jurisdiction. The High
Court is the next court up in the court system's hierarchy. In Chapter V of Part VI of the
Indian Constitution, the High Court is set up. In constitutional, civil, and criminal cases,
the High Courts have original and appellate jurisdiction. Additionally, all courts and
tribunals situated within the high courts' territorial jurisdiction are governed and overseen
by them..
The Chapter-VI of Part VI of the Indian Constitution establishes the Subordinate Courts.
They operate at the district level, under the general supervision and management of the
State's High Courts. The District and Sessions Judge Court, the Court of Judicial
Magistrate First Class, and the Court of Judicial Magistrate Second Class are some of
these courts. The Judicial Magistrate Courts for Metropolitan districts are referred to as
Metropolitan Courts.15
The Directive Principle of State Policy is embodied in Part-IV of the Constitution. In
accordance with the provisions of this chapter, the state is required to organize village
panchayats and grant them the essential authority and powers to act as a unit of self-
government. Since ancient times, the Panchayats have been performing judicial duties.
They existed even when Britain was in power. They handle minor civil and criminal
problems informally and simply, trying to reach a settlement or conciliation between the
disputing parties.16
The Indian Constitution acknowledges the presence and significance of tribunals. The
terms Tribunal and 227 are used specifically in those articles. Having the Supreme Court
as its discretion to grant special leave to appeal from any judgement, any ruling, decision,
sentence, or order in a case or dispute rendered by a court or tribunal on Indian soil., as
allowed by Article 136. Contrarily, Article 227 stipulates that each The High Court has
the power to supervise all Courts and Tribunals throughout the regions which it has
authority over.

15
Id at P. 266.
16
Id at P. 125.
 These are primarily the traditional methods of delivering justice. Let's go over each one
in more detail:

2.4 DIFFERENT MODES OF TRADITIONAL SYSTEMS FOR DELIVERING JUSTICE

Traditional modes are those that have been used historically to deliver justice since the
beginning of time. That could be the king's court, the crown's court, or the courts that
control the British Period's judicial system. The Supreme Court, the High Courts,
Subordinate Courts, Tribunal, or Panchayat are the traditional courts that currently
oversee the Indian legal system in modern times.

2.4.1 The Indian Supreme Court

The judiciary in every nation has a significant part to play in interpreting and applying
the state's legal system. It is the responsibility of the courts to uphold the rule of law in
the nation and to rule legally on disputes between two or more citizens, between a citizen
and the government, or between various government functionaries.
The Supreme Court, which has multiple jurisdictions, is thought to be the most potent
Supreme Court in the entire world. The Supreme Court is granted extremely broad
authority by the Constitution. The following headings may be used to categorize the
Court's jurisdiction:17

2.4.1.1.Court of record
The Indian Constitution states that the Supreme Court is the court of record and has all
the power of a court of record, including the power to impose penalties for court
contempt.18The Supreme Court will have all the authority of a Court of Record, including
the authority to punish those who disobey the court., as is evident from a cursory reading
of Article 129. This is a constitutional right that cannot be suspended or restricted in any
way by a statute.
In Supreme Court Bar Association v. Union of India 19, the Supreme Court stated that
the ability to punish for contempt of court is a special jurisdiction, one that should only
be used sparingly and cautiously When an action has a detrimental impact on the
administration of justice, it tends to obstruct it, or tends to undermine public trust in legal
institutions. The purpose of the contempt jurisdiction is to preserve the authority and
17
Prof. M.P. Jain, Indian Constitutional Law, LexisNexis Butterworth Wadhwa, Vth Ed. Reprint 2008, P. 191
18
Article 129, Constitution of India
19
Supreme Court Bar Association v. Union of India AIR 1998 SC 1895
 majesty of the court. This authority is not to be used while preserving a judge's individual
dignity, defending the administration of justice from being slanderous. In the case of J.
Vasudevan v. Using Dhananjay20as an example, the Supreme Court the ability to use
contempt to penalize negligent bureaucrats who were either proven to be refusing to
follow specific court rulings addressing the protection of fundamental rights of Some
citizens were accused of corruption. For the first time since 1995
With regard to independence, a top IAS officer was found guilty of court contempt by the
Supreme Court to a prison term. Willful defiance of any court order, ruling, or directive
constitutes civil contempt order, Writ, other legal procedure, or deliberate violation of an
agreement made with the court Criminal contempt, according to court rules, is the
disclosure (whether writing, by symbols, by visual representation, or in any other way) of
any act, any action that,
a) Lowers or tends to lower, scandalizes, or tends to scandalize, the any Court's authority.
(b) Is discriminatory or tends to be discriminatory, or interferes, or likely to interfere,
within any legal proceeding's progress.
(c) Obstructs or tends to obstruct, interferes with, or tends to interfere with the
any other method of administering justice. State of Odisha v. ChandramaniKanhar21
while the Orissa High Court the filing of a fake or false document in a case involving an
interim bail application filing a court document in an effort to receive relief is illegal as
defined by Section 2(c) of the 1971 Contempt of Courts Act.
A term of simple imprisonment may be used as punishment for contempt of court. which
might result in a jail sentence of up to six months, a fine of up to 2,000 rupees, or both. A
decision made by the High Court of Punjab and Haryana in M.B. Sanghiv.the Bar
Association22showing lack of trust in the judges or it amounts to defaming the Court and
undermining its authority to single out one judge. A message from a lawyer to the top
justice of India addressed to S.K. Sharma India will leave since it provided the wrong age
and made other intimidating statements seen to be criminal disrespect for methods. State
of Gujrat v. ZahiraHabibulla H. Sheikh23 It is referred to as after the Supreme Court

20
J. Vasudevan v. Using Dhananjay (1995) 6 SCC 254
21
State of Odisha v. ChandramaniKanhar I.A. No.982/2020 decided on December 21, 2020
22
M.B. Sanghiv.the Bar Association AIR 1991 SC 1834
23
State of Gujrat v. ZahiraHabibulla H. Sheikh (2006) 3 SCC 374.
 determined that Zahira was accountable for the Best Bakery Case, having found her inshe
was sentenced to a year in prison for contempt of court., a fine of Rs. 50,000, and in the
event, She will serve an additional year in jail if the fine is not paid within two years.
Regarding Arundhati Case the Supreme Court noted that a reasonable critique of the
institution of the judiciary, its operation, and the conduct of a judge, if made in the public
interest and in good faith, contempt may not be warranted.
On April 27, 2020, after locating solicitors for Vijay Kurle Case24NileshOjha, Rashid
Khan Pathan, and Kurle are guilty of making scandalous accusations the bench of Justice
Deepak against Justices R.F. Nariman and Vineet Saran All those mentioned above were
ordered by Gupta and Justice Aniruddha Bose to undertake simple each receive a 3-
month sentence of jail and a fine of Rs. 2000. It was also stated that each defaulting
contemnor will face prosecution if the fine wasn't paid shall serve a further 15 days of
simple imprisonment.25When the Income Tax Appellate Tribunal opposed V.K.
Aggarwal, according to the Court that the Supreme Court is able to administer
punishment under Article 129 in addition to its own also possesses the power to punish
disrespect of the courts, which are superior to it.

2.4.1.2. jurisdiction for writs

The Supreme Court is granted writ jurisdiction under Article 32 for the enforcement
of Basic Rights. The Court has the authority to in the exercise of this jurisdiction provide
instructions, orders, or writs, such as writs of habeas corpus, prohibition, quo warranto,
mandamus, and certiorari. As opposed to High Courts have vested jurisdiction under
Articles 226 and 32 of the Constitution having a significantly larger writ jurisdiction. 26
Due to the fact that it is not always expected that a decision made by a party's
fundamental rights may be violated by court orders and/or judgments.
It cannot be changed by any proceeding that is currently in progress. A writ being issued
under Article 32. Article 139 gives Parliament the authority to expand by law. The
Supreme Court's writ jurisdiction and grant the Court authority to formally issue writs in
the aforementioned writs, as well as any other instructions, orders, or writs any objective

24
Vijay KurleCase2020 SCC Online 407.
25
Ibid.
26
Narender Kumar, Constitutional Law of India, Allahabad Law Agency, Faridabad, Xth Ed. 2018, P. 693.
 apart from the protection of fundamental rights. Though, no such law has yet been
passed. Rakhalas v. S.P.27is a case in point. Ghose and Sinha, J. of the Calcutta High
Court has summarized the following guidelines for alternative treatments that are the
party who was wronged and the High Court's use of its authority under Article 226 of the
Indian Constitution the writs of prohibition, mandamus, and certiorari, and for that
matter, All high prerogative writs are typically not issued when a substitute is available as
sufficient and equally effective cure. However:
a. There is no rigid rule prohibiting the issuance of such writs in situations when the
The court views this as being both fair and practical. The reality that typically does not do
so, the issue is not one of lack of authority but rather expediency.
b. Whether the substitute treatment is equally effective or sufficient is a question.
Every factual issue must be resolved separately.

2.4.1.3.Habeas corpus Writ

The Latin phrase "you may have the body" is known as habeas corpus. It literally refers
to a call for the body to be produced. This writ is actually an order that was released by
the Court requesting the individual or the body through which another person must
present such person to the court and inform it of how long they have been imprisoned
authorities, he/it has taken that person into custody. If it is determined that the detention
is unlawful Justification is required before the person can be released. The main objective
of the writ is to offer a prompt and efficient solution to free the person from an unlawful
detention. The Court is claimed to have the authority a writ of habeas corpus to be issued.
A priceless and unquestionable aspect of the rule of law. This document has been referred
to as the first guarantee of civic liberty or a substantial constitutional privilege. 28 The
Supreme Court ruled in Gora v. State of West Bengal29that a writ of Even if there is a
considerable gap in time between the offending act and the issuance of the habeas corpus,
and the jail schedule. No one in charge who is functioning sanely can be subjectively
satisfied or other, of upcoming trouble just because of what the detenue has done in the
past. Whether the detenue's actions are too distant in time to Facts must be used to
persuade any sane person to obtain subjective contentment and the particulars of each

27
Rakhalas v. S.P. AIR 1952 Cal. 17.
28
Narender Kumar, Constitutional Law of India, Allahabad Law Agency, Faridabad, Xth Ed. 2018, P. 526
29
Gora v. State of West Bengal+(1975) 2 SCC 14.
 situation. The proximity test is not an inflexible or mechanical test which, by just
counting the number of months, may be applied blindly.
Shiv Kant Shukla v. Additional District Magistrate of Jabalpur 30 widely used. In a case
is referred to as habeas corpus case, the Supreme Court had debated the rationale for the
viability of this writ's issuance. The primary issue in this case was the circumstance in
which an emergency was declared and it was questioned whether or whether the writ of
habeas corpus can be maintained during a crisis. Answering the Supreme Court, by a
majority of 4:1, determined that during an emergency, all rights, including fundamental
ones, are suspended not possible to seek enforcement of. However, the legal experts
disagreed with this conclusion across the nation. A letter was delivered to the Supreme
Court Regarding the state of the female inmates who were abused in the lockup, and the
plaintiff, who was in this condition, filed a writ petition. The Court dispatched an
investigating team to compare the facts with the claims made by the plaintiff.
Insinuations were deemed accurate. According to the Supreme Court, if a person who is
imprisoned or otherwise restricted, cannot request the issuing of the Writ directly from
the court, but someone else may do so in his or her place. The Supreme Court eliminated
the locus concept in this fashion. standi on the issue of issuing writs to safeguard the
constitutional right of the one who is upset.

2.4.1.4.The mandamus Writ

'The order' is the meaning of the phrase "mandamus." Therefore, the writ is a command
given by a court ordering someone to perform or refrain from performing an act that is in
the nature of a public responsibility, including the government and public enterprises. In
a few circumstances, it may be related to the concerned person's statutory responsibility
or the authority. It is directed at a public authority that is required by law to do or refrain
from performing an action where the petitioner is entitled by law. However, no
mandamus can be issued to the body responsible for drafting rules to carry when the
decision to make or not make regulations under the Act is up to the management enact
such laws. where the investigation was ordered by a mandamus agencies to look into
offences was judged to be ineffective, the Court created a new instrument. Asking the
agencies to update the Court on their progress as part of a continuous mandamus that the

30
Shiv Kant Shukla v. Additional District Magistrate of Jabalpur AIR 1976 SC 1207
 Court's oversight could guarantee the continuation of an appropriate investigation. The
writ of Mandamus, according to Markose31, is a legal remedy that is a directive issued by
a higher court, the Supreme Court, or the High Court to any public authority—
government, court, corporation—to act or refrain from acting a particular action that that
entity must take or prevent from taking in accordance with the law, such as If that's the
case, which is the character of a public obligation and in some circumstances, a legal
obligation Functional dimension. The Supreme Court of India held in Birender Kumar v.
Union of India32 that the court outlined the writ of mandamus's functional aspect and
held that mandamus's purpose is to maintain the public authority within its purview their
authority when performing public duties. A mandate might be issued with respect to any
authority for any type of duty, including administrative, judicial, legislative, or quasi-
judicial. India's Supreme Court in AsokPande v. Thr33. Its Registrar and Amendments,
According to the Supreme Court, a mandamus cannot be granted to direct a body or a
governing body with the ability to enact laws or regulations them in a specific way.
Rachna& Others v. Union of India and Anr. the Supreme Court determined it is within
the executive's authority to make policy decisions depending on current conditions for
improved management and in responding to our needs.

2.4.1.5.Prohibition Writ
The main purpose of the writ of prohibition is to stop an inferior court or a tribunal from
going beyond its authority. It aims to forbid using a lower court or tribunal from using
any authority or power that is not legally granted to it. It is a writ of jurisdiction.
The grounds for issuing this writ are excessive power to the detriment of judicial or
quasi-judicial authority. Whether due to lack of authority, lack of jurisdiction, or for
acting against the fundamental innate justice. It is a writ of prohibition prohibiting the
authority from pursuing proceedings outside of its purview. In the case of Shahi
Enclaves Private Limited v. The State of West Bengal &Ors., 34
the According to the
Calcutta High Court, the purpose of the writ of prohibition is to enclose Courts and

31
Markose, Judicial Control of Administrative Action in India, Madras Law Journal Office, Madras, I st Ed.1956, P.
364.
32
Birender Kumar v. Union of India AIR 1983 Cal. 273
33
AsokPande v. Thr
34
Shahi Enclaves Private Limited v. The State of West Bengal &Ors., CWP No. 8929/2015 decided on May 2, 2016
 Tribunals within their own jurisdictional boundaries. This is forbidden by a writ of
prohibition.
preventing a lesser court, tribunal, or quasi-judicial body from going beyond jurisdiction.
Additionally, it was decided that where a lower court, tribunal, or authority
The High Court is required to consider or pursue an action under its inherent jurisdiction
to use its special authority granted by Article 226 of the Indian Constitution and to
impose an injunction prohibiting the lesser Court, Tribunal, or Authority, from exercising
jurisdiction, as applicable. Union of India v. BrijKhandalwal, 35 the Delhi High Court
didn't make any rulings to restrict the Central government from engaging into a contract
with about the boundary dispute with Sri Lanka. This choice is consistent with the idea
that the government is not prohibited from doing executive tasks, and that a writ of
prohibition may be issued to restrict quasi-judicial rather than executive functions.
Regarding Bengal Immunity Co. State of Bihar v. Ltd., 1991, Supreme Court highlighted
that the relevance of an alternative therapy in the situation of writ of certiorari, but when
it is demonstrated that a lower body has usurped jurisdiction. If is not its property, that
consideration is unimportant, and the Prohibition Writ must be published. There are
several similarities between certiorari and prohibition extent and the regulations that
regulate it. However, there is a fundamental difference these writs, in that they are issued
at various stages of the proceedings.

2.4.1.6.Quo-warranto Writs
"What is your authority" is the meaning of the Latin phrase quo-warranto. To summon
issuing this writ the bearer of a public office must reveal to the court the authority that
supports his position the workplace. This writ's purpose is to bar someone from holding
an office in order to which he is not authorized by law. It is granted to prevent an office
usurper.36
a) Purpose of this writ: A quo-warranto writ is typically issued to try a civil case the
legal to publish. Therefore, the writ is used in situations where removal of a person who
has usurped a public office. It safeguards the preventing the general population from
being denied any potential rights to public office. In the case of Govinda Rao v.
35
Union of India v. BrijKhandalwal, AIR 1975 Del. 184
36
Narender Kumar, Constitutional Law of India, Allahabad Law Agency, Faridabad, Xth Ed. 2018, P. 527
 University of Mysore Gajindragadkar, J. has revealed the fundamental purpose of the
quo-warranto writ with the remarks that jurisdiction is granted through the quo-warranto
method and when an executive action is taken that conflicts with the applicable law, The
judiciary has the authority to limit such behaviour.
Statutory laws and regulations. Additionally, it guards against depriving a citizen of
office in government to which he may be entitled. Thus, it would be clear that the
circumstances acknowledged in that regard govern how the proceedings are adopted.
They frequently serve to shield the populace from tyrants who usurp power. Some
instances, It is possible for those who are not eligible to hold public office to do so, as
well as to keep them in place out of convenience for the executive or with its active
assistance and the courts' authority to issue the writ. If the quo-warranto is used properly,
The overlord maybe removed, and the individual. Those who are qualified for the
position may occupy it. Writ of quo-warranto will only be given under the following
conditions:
(i) If a citizen can prove to the court that they are entitled to a writ of quo-warranto, the
position in question is a government position. The greatest way to evaluate a public office
is Whether the job's responsibilities are public in nature, and if so, how public Interested
or not. Ram Sahay v. AnandBihari37 was held to be true. The position of legislative
assembly speaker is a public one. Again. The court ruled in G.D. Kharkare v. Shevade38
that the office of Advocate General is an elected position.
(ii) In the case of PuranLal v. Ghosh39, it was decided that the quo-warranto writ claim
with authority. just because they were chosen to an appointment to a specific post or
holding an office is insufficient to grant of the quo-warranto writ, unless the individual
accepts the position.

2.4.1.7.Certiorari Writ
Literally, "to certify" is what certiorari means. In that sense, the writ of certiorari is
comparable to prohibition judicial or quasi-judicial authority on comparable grounds,
such as excessive or insufficient jurisdiction, or breach of the natural justice principles. A

37
Ram Sahay v. AnandBihari AIR 1952 MB 31
38
G.D. Kharkare v. Shevade AIR 1952 Nag. 333
39
PuranLal v. Ghosh AIR 1970 Cal. 118
 corrective writ known as a certiorari is used to overturn an order or decision that was
made without the proper authority or in contravention of the natural justice principles.
Consequently, it is released following the proceeding. 40 The Supreme Court in Province
addressed the reach of this writ. Khushaldas41, which maintained that anytime Any group
of individuals had the authority to make decisions regarding concerns affecting the rights
of subjects as well as responsibility to act in a judicial manner, acting beyond its legal
power, and the validity of a writ of certiorari. The Supreme Court has established the
following two propositions to decide this case:
whether or not the authority has judicial power:
(i) The fact that if a statute grants authority to a body other than a court in an to resolve a
disagreement resulting from a claim made by one in the conventional sense determine the
who is opposed by another party under the statute the conflicting parties' respective rights
that are in opposition to one another. One, there is a lis, and in the event that the statute
contains no language to the On the contrary, it is the authority's responsibility to use
judgement, and the decision an act that is quasi-judicial in nature and;
(ii) That even though there are two parties involved, a statutory body has the authority to
take any action that may negatively affect the subject. Between the authority's proposal
and that of the opposing party perform a deed, and the object of opposition determines
the outcome of If authority is needed, It will operate in a quasi-judicial capacity. by the
law to use judgment.
Ingrid Sahu v. Sri, General Manager, Electrical Rengali Hydro Electric Project,
Orissa42the Supreme Court debated the writ's breadth when it was certiorari determined
that an incorrect decision regarding a topic that falls within the petitioner for a writ of
certiorari would not be permitted to do so within the Tribunal's authority. However, if the
choice is made in relation to something incidental to the merit. A writ of certiorari would
be appropriate if the ruling had a bearing on the court's jurisdiction.

2.4.2.original authority

40
Narender Kumar, Constitutional Law of India, Allahabad Law Agency, Faridabad, Xth Ed. 2018, P. 527
41
AIR 1950 SC 222
42
Ingrid Sahu v. Sri, General Manager, Electrical Rengali Hydro Electric Project, Orissa (2019) 10 SCC 695.
 According to the Indian Constitution, the Supreme Court has exclusive original
jurisdiction. The Supreme Court will have initial jurisdiction, it states over appeals from
the a dispute, to the exclusion of any other Court, provided that the following
requirements are met.
(a) The conflict must exist between the Indian government and one or more states, or
between two or more states or between the Indian government and any state or states on
one side and one or more states on the other.
(b) The dispute must centre around an issue (whether one of law or fact) that alters any
legal rights' existence or application.
The Supreme Court ruled in State of Karnataka v. Union of India 43that Article 131 only
applies when the Government of India or a number of states are the involved parties
organized on both side. It is a crucial corollary of federal or quasi-federal governmental
structure.
In State of Karnataka v. State of Andhra Pradesh 44, the Supreme Court determined that
a lawsuit brought by the State of Karnataka against the State of Andhra Pradesh under
Article 131 of the Indian Constitution was maintainable and raised a dispute regarding
the the failure to implement the legally binding decision made by the Krishna Water
Disputes Tribunal, established under Section 4 of the Inter-State Water Dispute Act,
1956.
In State of Haryana v. State of Punjab45, the State of Haryana sued the State of Punjab
and the Union of India under Article 131 of the Indian Constitution, requesting a
necessary injunction mandating that the Sutlej-Yamuna connection canal be finished in
accordance within the two states' agreement on the division of river waters. The Supreme
Court found the lawsuit to be maintainable and issued a requirement injunction requiring
the State of Punjab to finish the canal and m The Court further ordered the Indian
government to fulfil own constitutional obligations to guarantee that the canal is finished
as soon as practicable.

43
State of Karnataka v. Union of India AIR 1978 SC 143.
44
State of Karnataka v. State of Andhra Pradesh AIR 2001 SC 1560.
45
State of Haryana v. State of Punjab AIR 2002 SC 685.
 Article 131 of the Indian Constitution in State of Bihar v. Union of India46, the Supreme
Court ruled that Article 131's distinguishing feature is that it exempts the Supreme Court
from having to resolve disputes in the same manner that regular courts of law are
typically required to do in order to uphold the parties' rights and enforce its orders and
decisions. According to Article 131, the Supreme Court is only required to rule on issues
of law or fact that affect the or the extent of a legal right that is being asserted. The
Court's role under Article 131 is complete once it renders its judgment based on the
evidence put out by the parties in disagreement and once it rules on the relevant facts or
legal issues.
The Supreme Court does not need to be involved in order for the issue to be fully
resolved or for a judgment to be passed that may be carried out in the same manner as
other Court judgments, as required by the Constitution. According to Article 131, it is
permissible for a party that has been wronged to submit a Supreme Court petition that
includes a complete summary of the pertinent facts and asks for a statement of its rights
relative to other disputants. Once completed, the Supreme Court's role under Article 131
is complete. The Supreme Court's role as described above and as contemplated by Article
131 would seem to indicate that the only remedy it might issue is a declaration.
In State of Rajasthan v. Union of India 47, it was determined that this point of view was
incorrect and that, once the legal right claimed in the lawsuit is proven, the Supreme
Court possesses the power to award any remedies it deems necessary for its
implementation.
In State of Himachal Pradesh v. Union of India 48, the Supreme Court held that Article
131 of the Constitution clearly prohibits this court from exercising authority over
resolvinga disagreement resulting from the State of Himachal Pradesh's claim for a share
in the power generated in the Hydroelectricity and Irrigation Project of Bhakra-Nangal
and Beas Projects, being a successor State carved out of the erstwhile State of Punjab.

46
State of Bihar v. Union of India AIR 1970 SC 1446
47
State of Rajasthan v. Union of IndiaAIR 1977 SC 1403.
48
State of Himachal Pradesh v. Union of India (2011) 13 SCC 344.
2.4.3.Court of appeals jurisdiction
The Supreme Court of India has appellate authority over all courts located on Indian soil
and serves primarily as a court of appeal. There are four basic categories that make up the
Supreme Court's Appellate Jurisdiction.
(i) In constitutional matters: According to the Indian Constitution, any definitive
decision, judgment, or order issued by a High Court within the country, The Supreme
Court may hear an appeal from any decision made, whether in a civil, criminal, or other
process, if the High Court certifies that the case involves a significant legal issue
pertaining to the interpretation of the Constitution.
The Supreme Court defined the civil proceeding in S.A.L. Narayan Rao v.
IshwarlalBhagwandas49and held that a civil procedure is one in which a person attempts
to enforce the claimed infringement of his legal right. The Supreme Court also ruled that
the type of right violated and the type of redress sought determine whether a case is civil
or criminal in nature. According to the Supreme Court's subsequent ruling, a criminal
proceeding is one that has the potential to end in the enactment of a sentence, such as the
death penalty, incarceration, a fine, or the confiscation of property, if it is allowed to
proceed to its completion.
The term "other proceedings" was also defined by the Supreme Court, which ruled that it
encompasses all processes other than civil and criminal.
The revenue processes under the tax rules or the disciplinary actions against chartered
accountants are two examples.
Another important phrase is "a significant legal question."
They refer to a subject on which there are conflicting views. The Supreme Court
determined in Than Singh v. Supdt. of Taxes50that Article 132 (3) stipulates that in an
appeal under Article 132 (1), the appellants cannot pursue any grounds other than those
listed in the certificate, unless with the Supreme Court's express authorization. Therefore,
the appellants may even pursue a reason for seeking certification that the High Court
found to be insufficient with the Court's approval. The Supreme Court ruled in State of
Jammu & Kashmir v. Thakur Ganga Singh 51that the scheme of the Supreme Court's

49
S.A.L. Narayan Rao v. IshwarlalBhagwandas AIR 1965 SC 1818
50
Than Singh v. Supdt. of Taxes AIR 1964 SC 1419
51
State of Jammu & Kashmir v. Thakur Ganga Singh AIR 1960 SC 356.
 appellate Jurisdiction makes it clear that Constitutional interpretation issues are a separate
class, regardless because of the nature of litigation that could emerge, and that cases
addressing such concerns have the broadest scope for appeal..
In R.D. Agarwala v. Union of India52, the Supreme Court ruled that under Article 132 of
the Indian Constitution, any definitive decision, judgment, or order of a High Court is
subject to appeal as long as the High Court issues the necessary certificate. However,
there is no need under Article 133 that the judgment must be a Single Judge judgment of
the High Court. The Supreme Court further ruled that, although legally correct, the
practice of deciding the case while the judge is alone and issuing a certificate under
Article 132 (1) for an appeal to the Supreme Court is unconstitutional. The party has the
right to appeal the single judge's ruling in the High Court, and this right shouldn't be
restricted by sending the case to the Supreme Court for consideration.

2.5.ALTERNATIVE DISPUTE RESOLUTION: HISTORICAL BACKGROUND

Panchayat was the lowest court in ancient India, and as a result, its decision was open to
challenge. This notion of Panchayat was imported by the Bengal Regulation of 1781
system and enacted that the parties may pick the arbitrator they wanted, so in the absent
misbehavior, the ruling was binding on the parties. So, the only option is the aggrieved
party's only option was to challenge the awards in court of the Panchayat's wrongdoing.
The alleged wrongdoing was flagrant corruption or partiality. Due to this, respectable
people were reluctant to become Panches and the Panchayat system was abandoned or
left in its infancy. The Regulation of 1787 gave the Courts the authority to submit some
lawsuits to However, there was no provision in the arbitration agreement to address
issues where there were disagreements among the arbitrators. 1793 Bengal Regulation
(XVI) the Courts to refer issues pertaining to finances, partnerships, and other business
affairs indebtedness, failure to fulfil obligations under contracts, etc. where the value of
the object was not more than 200 rupees for arbitration. However, the parties' agreement
was a prerequisite for sending the dispute to arbitration. Additionally, a protocol for
holding an arbitration hearing was established. XV Regulation of 1795 added Benaras to

52
R.D. Agarwala v. Union of India AIR 1971 SC 299
 the scope of Regulation XVI of 1793. Following that, the Regulation XVI was expanded
by Act XXI of 1803 to include the Nawab's cession of territory Vazeer.

2.5.1. Placement during the British Empire

The Indian Contract and the Civil Procedure Code, both from the British era.
No contract could be made before the Specific Relief Act of 1877 and the Act of 1872.
Referring current or arbitration for any foreseeable disputes may be expressly
implemented. A party that refused to carry out his obligation under the contract was
barred from launching a lawsuit concerning the same subject. The Arbitration Act, 1877,
was released in its entirety in itself. For appeals, it established rules. It was not the Code
of Civil Procedure, 1859 suitable for the topics the Arbitration Act covers. The Civil
Procedure Code, the first British India Civil Code was published in 1859. The arbitration
law at the time was Chapter VI of the Code includes it. It did not, however, apply to the
Appeals may be made to the Supreme Court, the Presidency Small Causes Court, or Non-
Regulation Provinces. Act X of 1877, which consolidated the law of, among other things,
Act XIV of 1882 further replaced the Civil Procedure. The Code of Civil Procedure,
1908, took the place of procedure as well. The following schedule of the aforementioned
Code included the arbitration law.53As India was governed by the British, there were two
main categories of arbitration legislation enactments. One was based on the Indian
Arbitration Act of 1899, which The 1899 English Arbitration Act. The verbal provisions
of many parts of the Indian Act replica of the Code of Civil Procedure Code, 1908
schedule. The Presidency Towns and other Added territories to the Arbitration Act of
1899 as the competent Provincial Government may decide to extend it. Its reach was
restricted to 'arbitration' by consent without a judge's involvement. beyond the application
of the Second Schedule to the Code of Civil Procedure's Arbitration Act of 1899, the
1908 Procedure Code applied. The Schedule largely dealt with arbitration.
wear suits. The Schedule also included a different approach, whereby the parties to a
any of them could bring the relevant arbitration agreement before a court to resolve a
dispute having jurisdiction over it, and after following a specific procedure, the court
referred the issues to a mediator.54 The 1940 Arbitration Act combined and changed the
53
Ibid.
54
Ibid.
 law pertaining to arbitrate very thoroughly. Clauses (a) to (f) of Section 89 of this Act
were repealed.
Section 104, subsection (1), and the second schedule of the Code of 1908 are referenced.
A Civil War. The Justice Committee had made a number of recommendations for the
Arbitration Law. Since, the English Law in effect at the time served as the foundation for
the 1899 Arbitration Act. In 1934, the British Parliament made a number of significant
changes. Therefore, changes to the Arbitration Act of 1889 were also reexamined. The
Civil Justice Committee's recommendations and the Arbitration Committee's Bill aimed
to standardize and combine arbitration law across the board detail on British India. The
Governor-General gave his assent to this bill on November 11. The Arbitration Act,
1940, was passed in March of that year. This Act was primarily passed to unify and
update the arbitration-related laws.

2.5.2.Position in the Post-Independence Era

Alternative Dispute Resolution emerged as a replacement for Traditional courts are still
used, particularly in business areas. it very time-consuming procedures of traditional
dispute resolution are one reason why alternative dispute resolution has emerged
litigation, expenses, and the inadequate court system. It overcame the opposition of the
vested interests due to its capacity to offer affordable and speedy relief. Throughout the
past.
In the last few decades, science and technology have grown remarkably, which has led to
a significant impact on commercial life by boosting global rivalry. It also made
consumers fearful about the safety of their personal information rights. However, the
current legal framework was unable to respond to the new the environment and issues in
the business world, and hence, alternative dispute Resolution System has become a potent
tool for resolving household issues as well as on a global scale. Alternative Dispute
Resolution has gained popularity recently a distinct and independent branch of the legal
profession appeared. It offers to settle disputes between plaintiffs, whether they are in the
business world or else, who are not even able to begin any discussion process and come
 to any settlement. Alternative Dispute Resolution has begun to gain ground in
comparison to conventional method of resolving conflicts.55
For instance, conciliation is used in contemporary India as a substitute argument The use
of resolution has been successful.in disagreements affecting the Labour Laws.
Conciliation has been officially recognized as a dispute resolution method under the
Industrial Dispute Act of 1947 an efficient means of resolving issues involving workers
and employer’s management. Anyone involved in an industrial dispute who has the
unfortunate knowing that litigation is a time-consuming procedure and one that could go
much beyond the beneficiary's lifetime. This element is what has contributed.
Significantly to the effectiveness of conciliation in labour conflicts. ADR in the modern
day is a method that is entirely voluntary. Below this technique, the parties engage in
structured dialogue or send their disagreements to an impartial party to facilitate the
resolution and serve as an evaluator. This program has become incredibly important,
particularly the reason being that Indian courts are a sea of disagreements of varying size
and complexity has already emerged, and that the Parties are usually always made to feel
frightened by the courtroom environment and the actual litigation process. Alternative
Dispute Resolution is currently considered to be a valid and frequently chosen substitute
for the judicial system. It is also regarded as a successful tool for case arrears reduction.

2.6.BENEFITS OF AN AUTHENTIC DISPUTE RESOLUTION

Alternative Dispute Resolution has become a widely used approach for resolving disputes
changes to dispute resolution procedures in the commercial sectors of Europe and
America. ADR is likewise known as a collaborative process for solving issues system. As
a result, Alternative Dispute Resolution has gained a lot of attention and favour due to its
benefits, such as its low cost, in the USA, UK, Canada, and Australia.
Efficient, quick, and far more effective than the standard dispute settlement process. It
has been found to result in better results from the old Courts because, in the first place,
various types of disputes could call for other methods that might not be available in the
courts. The second justification for using ADR methods to settle disputes is because the
parties' direct participation and active involvement in the conflict the steps taken to reach
a resolution. The third benefit of using alternative dispute resolution is the expert,
55
Dr.Avtar Singh, Law of Arbitration and Conciliation (including Alternative Dispute Resolution Systems), Eastern
Book Company, VIIth Ed. Reprint 2006, P. 393.
 impartial adviser's intervention, which is usually highly beneficial when reaching a
settlement. Natural justice, equality, and fairness principles always advocate the
application of non-traditional dispute resolution methods to reach a resolution. The
following are some additional benefits of using an ADR system which must be
considered:56
a. Even though a matter is still ongoing before the court, it can be used at any moment.
Judge
b. It can be used to lessen the amount of heated disagreements between the parties; and
any party to the agreement may end it at any time dispute.
c. It might offer a better resolution to a disagreement quicker with less expensive than
standard litigation.
d. It aids in maintaining the conflict as a private matter and encourages and practical
answers to the issue.
e. It is adaptable and not constrained by the strict regulations or guidelines of customary
laws.
f. Alternative does not have an impact on the freedom of the parties to a lawsuit
Proceedings for resolving disputes. Including a lost Alternative Dispute. A resolution
process is never a waste of time or resources. Spending time on it allows the parties to
better understand each other's cases better.
g. You can utilize it with or without legal counsel. But a lawyer plays a crucial role.
Identification of sensitive issues and the attitude of the strong and weak elements of his
party's case, providing guidance while discussions and a general presentation of his
party's position.
h. It aids in reducing the workload for courts, which enables them to concentrate on other
crucial cases.
i. It enables the selection of impartial experts who are knowledgeable about the issue.
of the conflict.57

2.7.AN OPTION FOR JUDICIAL REFORM

Rattan Singh and Sons v. Guru Nanak Foundation58As of now, the Supreme Court

56
Id at P. 233
57
Id at P. 234
58
Rattan Singh and Sons v. Guru Nanak AIR 1981 SC 2073
 highlighted the necessity of using a system of alternative dispute resolution involving the
use of arbitration, mediation, and other recognized conflict resolution procedures that
endless, expensive, difficult, and time-consuming court processes forced the jurists to
look for a different, less formal, more effective forum and quick for the resolution of
disputes, which inspired them to create the 1940 Arbitration Act. However, the manner in
which the Act's actions are handled and without a court challenge of an exception has
made attorneys and legal philosophers laugh weep. Experience demonstrates, and legal
reports provide convincing evidence, that the proceedings under the Arbitration Act have
evolved into a highly technical process with endless prolixity, offering the unwary a legal
trap at every turn. Selected informal forum the decisions of the court have been used by
the parties for quick resolution of their disputes.
The 'legalese' used in courts is of unfathomably high complexity. The claimants demand
a decision given the complexity of modern life, and as quickly as you can. However, the
litigants' stated wish never materializes. The Indian courts were overworked, which was
the main cause of the same. But to address this to the persistent issue of overloaded
courts, several tribunals were established in India, such as the Railway Claims Tribunal
and the Industrial Tribunal. The Public Service Tribunals, the Central and State
Administrative Tribunals, and the Consumer. However, even after the creation of these
Forum Arbitration Tribunals and other establishment of Family Courts, Women
Commissions, and Human Rights Commissions for the defense of men's and women's
rights, the issue of the cause of justice is nevertheless defeated by ongoing traffic jams
and court delays.59
In particular, civil litigation in India is infamous for the length of cases that are
overflowing with adjournments, modifications, appeals, cross-appeals, etc. A civil case
often takes 20 to 25 years to be resolved. Often adjourning perhaps one of the main
reasons for the overcrowding of civil courts is the use of dubious grounds and the delay
in civil lawsuit resolution. Mr. N.A. Palkhivala, a renowned jurist, attributing among
other things, this cause to the legal profession has noted that "the fault is mostly of legal
professionals. We request postponements based on the weakest justifications. Should the
Judge not readily allow adjournment, and he is thought to be quite unpopular. I believe
59
Dr. N.V. Paranjape, Law relating to Arbitration & Conciliation in India, Central Law Agency, VII th Ed. Reprint
2018, P. 429.
 the responsibility of the legal experts to ensure that it collaborates with the judiciary to
ensure that Justice is carried out quickly and efficiently. It is a responsibility that we fully
accept oblivious. During the final decade of the 20th century, there was a huge
transformation everywhere globe in the direction of the court's dispute resolution
procedure. Alternate disagreement approaches were discovered to be an effective
replacement for the traditional litigation process. The majority of nations recognize
mediation, conciliation, and arbitration as the best
Alternative Dispute Resolution methods, primarily those used in those regarding
monetary judgments, restraining orders, contractual particular performance, and lawsuits
involve exchanges of money. In the context of India, it is true that if money Property-
related lawsuits and claims are sent to mediation or arbitration, it would almost 50%
lessen the amount of files in the various courts.60 There are provisions pertaining to in the
Arbitration and Conciliation Act of 1996 as well conciliation in contractual disputes
resulting from a legal connection. Due to globalization trade has seen a significant
increase as a result of the economy and competitive market policy industry and
commerce, which causes disagreements about commercial and the business community
and transactions have increased significantly. The industrial business owners cannot
afford to engage in lengthy legal battles and consequently, they favour using alternative
dispute resolution to settle their issues.
Disputants always desire to have their issues resolved quickly and Alternative Dispute
Resolution developments have been beneficial to the Disputes, particularly in civil cases.
One of the techniques being used for alternative dispute resolution is Legislative
recognition of arbitration and conciliation has resulted in business contracts, the parties
always include an arbitration provision to refer their disagreements to the arbitrator(s) for
resolution. As a result, the arbitration proceedings
Because they are informal, less expensive, and somewhat quicker, they have shown to be
a effective other methods for resolving disagreements and disputes amongst the parties.
The 1996 Arbitration and Conciliation Act's clause stating that the award. It saves a lot of
time and money because an arbitrator's decision is equivalent to a civil court's ruling time
of the parties because there would be no need to petition the court in that scenario

60
Ibid
 establishing a rule. Specifically, the fundamental benefit of ADR over traditional
litigation. The difference between that and judicial adjudication is that the latter is not
just a non-formal resolution that not only meets the parties' expectations but also provides
finality also affixed to it.

2.8.ADMINISTRATIVE TRIBUNALS: CAUSES AND DEVELOPMENT

The present day's very complicated style of government and synthetic structure
New issues have arisen as a result of society, necessitating fresh approaches. One crucial
A feature of the post-independence era is the rise of campaigns to combat poverty,
sickness, and illiteracy started. The administration has launched extensive initiatives to
distribute benefits and social transportation, industrialization, agriculture, public health,
and wealth redistribution across the country. In light of this context, administrative
tribunals
Established for the reasons listed below:
a) Considerations for policy: In the current socioeconomic environment, while the
Cases are often handled by courts primarily in accordance with the law, the demands of
modern government mandate that some types of disputes be disposed of by putting the
legal and policy factors together. Additionally, that is what is expedient, in the public
interest, and what is reasonable. These issues can be resolved not just using the law and
reality, but applying policy considerations as well. Nevertheless, this thing can't be
completed by the legal courts. Tribunals were created as a result to deal with these
intricate issues.
b) The inadequacy of the legal system: The established judiciary has demonstrated
insufficient to decide and resolve all conflicts that need to be resolved. The traditional
system is not only time-consuming and convoluted, but also costly. Consequently, the
previous system was unable to offer quick disposal potentially really significant issues
like: Conflicts between employers and workers, lockouts, strikes, etc. Therefore, it is also
because of this establishment of Industrial Tribunals and Labour Courts, which had the
method and knowledge to solve such challenging issues and to offer accelerated justice.
c) Positive aspects of the administrative adjudication process: Comparing
administrative adjudication to the established system, cheap but also quicker and more
adaptable, making it more acceptable to the especially those who need rapid aid in large
numbers. Recognition of Administrative Tribunals by Statute The Indian Constitution
acknowledges the relevance and existence of tribunals. The terms Tribunal and 227 are
used specifically in those articles. As stated
The Supreme Court is authorized by Article 136 of the Constitution to give permission to
appeal in particular from any judgment, decree, finding, sentence, or order in every case
or decision decided or passed on by a court or tribunal inside the boundaries of India. In a
similar vein, Article 227 of the Indian Constitution mandates that every High Court the
authority to exercise oversight over all Courts and Tribunals in the territory in relation to
which it has jurisdiction over.
Tribunals for unrelated cases the Constitution states that the relevant Legislature may
pass laws to enable tribunals to decide on or hear any disputes, grievances, or crimes
including all or any of the items listed in section (2) with regard which Legislative Body
has the authority to enact laws. The things mentioned in clause (1) include the following:
(a) the imposition, evaluation, gathering, and administration of any taxes;
(b) cross-border Exchange rates, imports, and exports;
c) Labour and industrial disputes;
(d) In land reforms by the State's acquisition of any defined estate
any rights included in Article 31A, or the extinction or alterations to any such rights or
restrictions on agricultural production by any type of land means;
(e) a cap on urban real estate;
(f) Elections to the House of Representatives, the House, or the State's Legislature, but
not the issues mentioned in both Articles 329 and 329A;
(g) the creation, acquisition, distribution, and supply of food products (such as food stuff
oils and oilseeds) and other products such as the President may deem specific things to be
required for the fulfilment of the purposes of this article and the regulation of the pricing
of such commodities.;
(h) concerns related to tenancy, such as the right to rent, its management, and regulation.
landlords' and tenants' rights and interests;
(i) Infractions of the law involving any of the items listed
clauses (a) through (h) and any fees related to those concerns;
 (j) Any issue related to any of the things mentioned in clause (a)'s sub clauses to (i). A
rule adopted pursuant to paragraph (1) may:
(k) Provide provisions for the hierarchy of tribunals' creation;
(l) Detail the authority, authority (including the authority to penalize for (including
contempt) and power that each of the aforementioned parties may tribunals;
m) Describe the process (including limitations and other conditions),
norms of evidence) that the aforementioned tribunals must adhere to;172
(n) Limit the authority of the courts to the jurisdiction of the in accordance with Article
136, the Supreme Court may hear any or all of the topics that fall under the purview of
the aforementioned tribunals.

2.9.OVERVIEW OF THE ADMINISTRATIVE TRIBUNALS ACT OF 1985

Using the authority granted by Article 323A of the Constitution, the Administrative
Tribunals Act of 1985 was passed by Parliament and it resolution of service-related
complaints involving Civil Servants of the Act is predicated on the notion that a
significant percentage of the High Court hears service cases through writ petitions filed in
accordance with Article 226 can take up a lot of judicial time and give the harmed party
virtually little relief and as a result, there needs to be a distinct forum that not only saves
the valuable court process, but also offer those who have been wronged quicker relief. 61
After the Administrative Tribunals Act of 1985 was passed, a significant number of
lawsuits involving service issues that were filed with several Courts inside of the
Tribunals' purview. Administrative Courts established pursuant to Article the technical
restrictions of the Indian Evidence Act of 1872 and the 1908 Code of Civil Procedure's
restrictive procedural rules. Nevertheless, they have been endowed with Civil Court
authority over particular cases, such as the review based on their own choices. But the
Tribunals are likewise constrained by the guidelines of inherent justice. 62 The 'Tribunals'
are created by the Administrative Tribunals Act of 1985 envisioned under Article 323-
A(2) to address a variety of issues. The Law clearly states that the exclusion does not
apply to:

61
Dr. J.J.R. Upadhyaya, Administrative Law, Central Law Agency, IXth Ed. 2014, P. 154.
62
Ibid
 (i)Any military personnel, navy, other armed forces, such as the air force the power of the
union;
(ii) Any Supreme Court or High Court officer or employee;
(iii) Any individual nominated to either House of Representatives' secretariat staff to the
secretariat of any State Legislature or a House, or to the members of Parliament of that
or, if a Union Territory has a legislature, of that legislature

2.9.1.Administrative tribunal characteristics

Although tribunals are dressed in many of the accoutrements of a court, the Supreme
Court said in Bharat Bank Ltd. v. Employees of the Bharat Bank Ltd., 63Despite the fact
that they also carry out quasi-judicial duties, They do not function as full courts. In a
tribunal, decision-making body that resolves disputes exercises and between the parties
judicial authority as opposed to performing solely administrative duties; as a result, it has
some of the features of a court but not all of them. The Supreme Court ruled that a court
has to possess the following qualities in this case while addressing the question of
whether or not an Industrial Tribunal created under the Industrial Disputes Act, 1947 is a
tribunal within the meaning of Article 136:
A party may be represented by counsel, and the tribunals must decide the dispute at hand
based on the evidence presented and in light of the following requirements:
(i) The proceedings before the tribunal must have begun on an application that is
similar to a plaint;
(ii) The tribunal Having the same authority over evidence collection, inspection, and
discovery as a civil court.;
(iii) As in a court of law, witnesses are questioned and cross-examined.;
(iv) By way of future pronouncements, the Supreme Court added a few more qualities
to this list:
(i) Sitting in public is required.
(ii) It must be able to make decisions or awards that have an impact the disputing parties'
obligations and rights.
(iii) It must have statutory roots and be endowed with the State's inherent judicial
authority.

63
Bharat Bank Ltd. v. Employees of the Bharat Bank Ltd., AIR 1950 SC 188
2.9.1.1. Administrative Tribunals' Organization
Because they were established by statute, administrative tribunals have a formal
foundation. The tribunal may occasionally be constituted by the government pursuant to
delegated legislation. Their organizational structure lacks consistency, whereas
administrative tribunals' framework places a strong emphasis on diversity. An
administrative department, tasked with putting law and policy into practice, may include
an administrative tribunal as a crucial component.
These organizations can need to perform both adjudicatory and regulatory duties. This
allows for the inclusion of departmental bodies as tribunals. For instance, the Central
Board of Revenue of the Central Government and the Custodian-General of Evacuee
Property. An administrative tribunal may occasionally be an independent entity.
'Tribunal' has no predetermined meaning. Under Article 136 of the Indian Constitution,
the word "tribunal" has broad constitutional significance. Although the name "tribunal"
has been used strictly, there aren't many courts with independent personalities.64
Except for a small number of tribunals where constraints have been placed, the
administration has control over the appointment and dismissal of tribunal members. As a
result, the President of the Income Tax Appellate Tribunal, a Supreme Court Judge, and
the Law Secretary to the Government of India make up the Selection Committee that
appoints members to the tribunal. Furthermore, statutes are frequently silent regarding the
term limits for tribunal members. As a result, it is up to the government to decide on the
length of an appointment. According to the law, the government has the authority to
terminate a tribunal member's employment, with the exception of one case involving the
Monopolies Commission, where the Supreme Court must be consulted.51

2.9.1.2. Administrative tribunals' practices

The Administrative Tribunal's Procedure must follow the natural justice principles. By
filing an application, a person may approach the tribunal with a service-related issue. The
assistance of a legal professional is available to applicants. The tribunal may accept an
application after receiving it and conducting an investigation to determine if it is
appropriate for adjudication or consideration. If the Tribunal is not convinced, it will

64
Ibid
 deny the request and note its justifications. The Code of Civil Procedure, 1908's
guidelines are not required by law, which the Tribunal shall abide by. Tribunals have the
authority to control their own process, subject to the terms of the Administrative
Tribunals Act and Rules created in this regard by the Central Government. The
procedural regulations, however, cannot go against the fundamentals of natural justice.65
In terms of calling witnesses, administering oaths, requiring the production of papers and
evidence, appointing commissions, etc., the Tribunal has all the authority of a Civil
Court. The Tribunals have the same authority as the High Court with relation to
contempt. It may use its authority in this regard in a similar manner to how the High
Court does. Additionally, any hearings before the panel will be regarded as legal actions.

2.9.1.3. Judicial Review and Administrative Tribunals

Since the doctrine of judicial review is a fundamental component of the Constitution, it
cannot be eliminated even through constitutional change. In L. Chandra Kumar v.
Union of India66,Insofar as they limit the High Courts' and the Supreme Court's authority
under Articles 226/227 and 32 of the Constitution, the Supreme Court ruled that clauses
2(d) of Article 323-A and clause 3(d) of Article 323-B are lawful. The Administrative
Tribunals Act of 1985 was contested on the grounds that it violates Article 13(2) of the
Constitution by attempting to remove the doctrine of judicial review. The court further
noted that under Articles 226 and 227 of the constitution as well as Article 32 of the
Supreme Court, the High Courts and Supreme Court respectively had the authority to
examine legislative action.

2.10. OTHER DISPUTES RESOLUTION METHODS

Numerous methods, including Early unbiased evaluation, Lok Adalats, arbitration,
conciliation, judicial settlement, and more, are included in alternative dispute resolution.
It offers the disputing parties the chance to resolve it amicably through procedures that
are more or less informal and flexible. 67 The following are detailed discussions of the
aforementioned techniques:

65
Ibid
66
L. Chandra Kumar v. Union of India AIR 1997 SC 1125
67
5 Dr. N.V. Paranjape, Law Relating to Arbitration & Conciliation in India, Central Law Agency, VIIth Ed.
Reprint 2018, P. 430.
2.10.1. Negotiation
Among ADR techniques, mediation is one of most frequently employed. There is a
mediator in mediation. Both parties agree to the mediator's choice before proceeding. As
a type of ADR, mediation entails the intervention of a neutral third party—typically a
retired judge or an accomplished attorney—to help the parties' resolution of their
differences. Before meeting with each party separately to discuss the possibility of
resolving the dispute, the mediator frequently invited the parties to present their positions
and claims in a combined session.
The solution reached at the mediation, however, does not have the same legal force as an
arbitral ruling. Additionally, unlike an arbitral award, which possess the status and
recognition of a decree issued by a Civil Court, the settlement reached through the
mediation process is not enforceable as a court decision.
Although the mediator is not obligated to follow any specific legal procedure to settle the
dispute between the parties, he must work in keeping with the notions of fairness and
natural justice. He should conduct the parties' negotiations with impartiality and
neutrality. Because it is relatively inexpensive, takes less time, and settles issues
amicably between the parties, more people are turning to mediation as a kind of
alternative dispute resolution. And more widespread in the commercial sector on a
national and worldwide basis. The Supreme Court ruled in K. Srinivas Rao v. D.A.
Deepa68 that in matrimonial disputes, even if the counsellors provide a negative report
regarding the prospect concerning a deal between the parties, the court shall examine the
possibility of settlement through mediation.
The Supreme Court ruled in B.S. Krisha Murthy and Anrs. v. B.S. Nagaraja and
Ors.69that attempts should be made to mediate conflicts between the parties. Lawyers
should encourage their clients to use mediation as a technique of resolving disputes,
especially where there are personal or professional ties at stake.
The Supreme Court ruled that The entire mediation process is confidential in Moti Ram
v. Ashok Kumar70. It further stated that if the mediation is successful, the mediator must
send the court the signed agreement between the If the mediation is unsuccessful, the

68
K. Srinivas Rao v. D.A. Deepa AIR 2013 SC 985
69
B.S. Krisha Murthy and Anrs. v. B.S. Nagaraja and Ors. (2011) 15 SCC 464.
70
Moti Ram v. Ashok Kumar60 (2011) 1 SCC 466.
 mediator should merely provide one sentence in his report that reads: "The parties
without mentioning what transpired during the mediation proceedings.", "Mediation has
been unsuccessful." Anything else said, offered, or done during the mediation process
should not be written down by the mediator. This is due to the fact that during mediation,
the parties frequently make offers, counteroffers, and proposals; nonetheless, unless and
until the parties strike a deal and sign it, there is no conclusive contract. The secrecy of
the mediation process will be destroyed if events from the mediation procedures are made
public.
The Supreme Court held that the mediation should be conducted with the utmost
confidentiality in M. Siddiq (D) THR. Lrs v. Mahant Suresh Das61, also known as the
AyodhyaBabri Masjid Land Dispute case, that this can only be protected by an order
requiring that the mediation procedures and any opinions stated therein by any party,
including the trained Mediators, be kept private and not disclosed to anybody. It
additionally stipulated that there won't be any print or online media coverage of the
mediation sessions while they're taking place..

2.10.2.Mediator
A mediator is a neutral third party and helps both sides resolve conflicts. In mediation,
there is always a neutral third party acting as coordinator to assist the disputing parties in
their negotiations to settle their differences and handle their issues. The mediator is a key
player in the mediation process, and his aptitude, character, and experience are largely
responsible for the mediation's success. The mediator's agreement, however, lacks
legislative recognition, making it ineffective legally.

2.10.2.2 Limitations for the mediator

The powers of the mediator have not been specified by any statute because mediation is
not a statutory procedure. However, the mediator's primary duty is to describe to the
parties the advantages and disadvantages of the main point of the dispute and assist them
in coming to a mutually agreeable resolution. The execution of a settlement reached by
mediation, however, relies on the parties' willingness because the agreement reached by
the mediator is not legally binding because it lacks statutory recognition. However, the
settlement becomes enforceable under the law of contracts just like any other contract if it
is transformed into a written agreement. This claim is also supported by the 1996
 Arbitration and Conciliation Act. The mediator is obligated to keep all information
obtained from parties during the mediation confidential. Among the most significant One
of mediation's benefits is its discretion., and it is usually preferred that the claims made
by the parties in the mediation not be considered reliable against them at a later date.
While acknowledging that confidentiality is the most crucial component of mediation in
Perry Kansagra v. SmritiMadanKansagra71, the Supreme Court held that during the
mediation process, statements are made by the parties thatthey wouldn't have been made
while the case was being decided.. Such claims shouldn't be afterwards utilised against
the producer.

2.10.3. Arbitration
Arbitration is a noun, not a verb. By consent of the parties, arbitration is a method used to settle
disputes, according to In the law of Halsbury, England. Unless the parties concur that waive it,
instead of the national court having jurisdiction, the dispute will be settled in arbitration by an
individual or person acting in a personal or fiduciary capacity. Award is a general term for a
court decision.72According to Prof. Nomita Aggarwal, arbitration is a process used to settle
disputes privately by assigning an impartial, impartial third party or arbitrator who always hears
the merits of the dispute and makes a judgement that is final and irrevocable. This decision is
referred to as an award.The Arbitration and Conciliation Act, 1996, which replaced the earlier
Arbitration Act, 1940, gave arbitration formal legitimacyas an alternate method of resolving
disputes. The rules pertaining to domestic. Part I of the Act of deals with arbitration, and Part II
of the Act deals with the finalityRegarding the execution of foreign judgements.Any agreement
between the parties, whether contractual or not, to arbitrate all or any of the issues that have
developed or might develop between them about a certain legal relationship is referred to as an
arbitration agreement.According to the Supreme Court's ruling in M. Dayanand Reddy v. A.P.
Industrial Infrastructure Corporation Limited & Others, 73There is no requirement for an
arbitration provision toexpressedin any specific way. Whether whether the agreement uses the
words "arbitration" or "arbitrator" or "arbitrators" irrelevant if it is possible to determine the
parties' intentions to submit the issue from the court to arbitrationeprovisionsof the contract.

71
Perry Kansagra v. SmritiMadanKansagra (2019) 3 SCALE 573
72
Sukumar Ray, Alternative Dispute Resolution, Eastern Law House, Ist Ed. 2012, P. 8
73
M. Dayanand Reddy v. A.P. Industrial Infrastructure Corporation Limited & Others, (1993) 3 SCC 137.
 Arbitration is typically agreed to by contract, but it produces a legally binding decision.
The parties choose the arbitrator, and they are responsible for paying the arbiter's fees as
well as the costs associated with the arbitration process. The most formal of the six ADR
procedures is arbitration, which yields an award that is comparable to a court's final
judgement. When a notice of arbitration is sent by the claimant to the respondent and is
received by the latter, the arbitration is regarded to have begun.
Consequently, the guidelines of the 1996 Arbitration and Conciliation Act, it is assumed
that the notification was received on the day it was delivered. Court intervention to
decide the merits of the matter is prohibited by an arbitration clause in the parties'
contract. Conciliation and mediation are not, however, prohibited by arbitration. The
arbitral tribunal's ruling is final and enforceable against the parties.

2.10.4.Arbitration and mediation

One of the hybrid techniques for resolving disputes is mediation and arbitration.
It is a hybrid of arbitration and mediation. It is an effort to combine the arbitration and
mediation processes so as to resolve the issueamong the parties. In this procedure, the
parties attempt mediation for conflict settlement first within a set time frame, and if
mediation is unsuccessful within that time frame and the disagreement is not resolved, the
parties then refer their case to arbitration. The parties may agree to include a clause in
their contract stating that they want to try mediation before using another form of ADR.
The parties agree to endeavour to resolve any disputes that stem from, are related to, or
include this agreement or its breach through mediation first. However, if the parties are
unable to settle the issue through mediation within the allotted time, any outstanding
disputeor claim related to this agreement, its breach, or anything else related to it, maybe
settled by mandatory arbitration in accordance with the 1996 Arbitration and Conciliation
Act.. The idea behind mediation-arbitration is that if mediation doesn't work, there are
additional options for ADR. Naturally, the parties may decide not to make the second
phase legally binding. When the parties cannot agree, non-binding mediation or
arbitration is frequently used.
2.10.5.Conciliation-arbitration
Great Britain embraced this hybrid alternative dispute resolution system. It may be used
at any point during the conflict. It is typically utilised when the discovery phase of a
lawsuit comes to an end. In this procedure, the parties provide the conciliation-arbitrator
with all relevant facts and issues, and after the mediation process is complete, the
conciliation-arbitrator draughts the award. Conciliation-arbitrator processes are informal.
The parties must abide by the judgementif they accept the draught he has made and do
not disagree. Conciliation-arbitration systems have the benefit of saving both time and
money. For the purpose of resolving the conflict, it is an informal ADR method. Both
arbitration and litigation are avoided by this approach.

2.10.6. Negotiation
Nothing, it is wisely said, is gratifying and pleasant compared to a sociable, amicably
since it is a negotiated dealsafeguards the parties' reputations, as well as their business
and personal relationships, which might otherwise have beenthe adversarial process has
caused harm.. The ideas of arbitration, mediation, and conciliation are distinct from the
idea of negotiation. In a strict sense, negotiation is not an ADR procedure by itself since
it is a two-party process and is not necessary the participation of a a third party to enable
the settlement, but ADR procedures always call for the participation of a third partyto
make the possibility of the resolution of thedispute. It is, however, the most primitive
method of settling the argument. It is regarded as a crucial element of processes for
alternative dispute settlement. It is only when the negotiation process fails that the need
for additional ADR procedures becomes apparent.74
Justice Krishna Iyer emphasized need for usingamicable discussions instead of court
lawsuit to settle disputes between parties, particularly in commercial situations, in
Agarwal Engineering Co. v. Technoimpex Hungarian Machine Industries, Foreign
Trade Co75. He emphasized that commercial disputes should, if feasible, be resolved by
non-litigation means because the forensic process is time-consuming and controversial,
hinders trade, and is detrimental to both parties, regardless of whether one wins or loses

74
Brown and Marriott, Principles and Practice of ADR, Sweet & Maxwell Publishers, London, 2nd Edition. 1999,
page 12.
75
Agarwal Engineering Co. v. TechnoimpexHungaria Machinery, Foreign Trade Co (1977) 4 SCC 367.
 the lawsuit. A negotiated settlement will be satisfactory even if it deviates from the
letterof the law, unlike a court judgement, which may be perfect but callous.
The Supreme Court ruled in High Court of Judicature of Madras v. M.C.
Subramaniam76that while arbitration and mediation are undoubtedly beneficial conflict
resolution techniques, the significance of private amicable negotiation between the
parties cannot be overstated.

2.10.7 Conciliation
According to Wharton's Law Lexicon, "Conciliation" refers to the resolution of conflicts
without going to court.
Also utilised as a pretrial procedure is conciliation. Conciliatory techniques are typically
used to ascertain the existence, custody, description, nature, books, condition, and
location of documents, as well as other evidence.

CHAPTER-3

EMERGING ISSUES IN INDIAN JUDICIARY

The third pillar of Indian democracy is the judiciary. It defends the basic
freedomsandobligationsof Indian descent. However, there are numerous problems and
difficulties facing the Indian judiciary. The following are the main concerns:

3.1.Case backlog
The increase in the number of newly instituted cases and the lack of the judges' resources to deal
with backlogs both contribute to the accumulation of cases. It makes the litigants' public feel
burdened, frustrated, and helpless because they are, through no fault of their own, unable to
obtain timely relief from the Court. As the population grows, more cases are being instituted, but
the disposal rate has not kept up, leading to an accumulation of cases.77

76
Madrasah High Court M.C. Subramaniam (2021) 3 SCC 560.
77
R. Sethi, Criminal Justice System: Problems and Challenges, Aligarh Law Journal, Vol. XIV & XV, 1999-2000,
P. 1.
According to a study, between 1951 and 1990, the population of the nation expanded by 127.6%,
and the total amount of offences reported under the IPC increased by 146.9%. There can be no
denying that the criminal code no longer serves as a deterrent to criminals due to the lengthy
delays in case resolution and diminishing rate of conviction.

The largest difficulty facing the Indian judiciary is the massive increase in backlog in the nation's
courts.78

According to data from the High Courts, there is a significant backlog in the legal system.
Additionally, it has struggled to keep up with recent submissions, which has made the backlog
issue worse. To clear the backlog and keep up with the present filings, the Indian legal system
needs a significant infusion of judicial resources. The figures also point to the urgent need for
action to increase the number of judges in order to ensure speedy justice and advance universal
access to justice social groups.79

The Law Commission has proposed that the Court employ a rotating schedule in order to reduce
by using retiring judges to reduce the backlog of cases in its 125th Report. Statistics have shown
that there is an excessive delay in filling vacancies, thus an immediate action is required to
address it before a long-term decision is made in the form of creatinga new venue for the
appointment of judges. The report made note of the fact that a judge's position becomes vacant
upon their retirement or death. Since death is such an unpredictable occurrence, no one can
predict it and logically prepare for it in advance. However, because retirement is well known in
advance, it is essential that the process for filling the vacancy begin far earlier than the actual
date of a Judge's retirement that would result in the vacancy. This suggestion, however, received
no feedback, and things stayed the same. As a result, it was suggested to the CJI that going
forward, whenever a judge approaches the date of his retirement, he should continue serving
until his successor is prepared to take over.

On August 16, 2009, during the "Conference of Chief Ministers and Chief Justices", the Hon.
Prime Minister of India referred to the enormousAs the "scourge" of the Indian court system,
debts and case backlogs. The issue of arrears, however, is not a recent one, and numerous There
have been attempts toaddress it. It must be tried to implement an arrears management system that

78
Ibid.
79
20th Law Commission of India, 245th Report on Arrears and Backlog, 2014, P. 54.
is realistic, efficient, thorough, and attainable. In order to lower the numberpending cases
decreased from 15 to 3 years., we must have a vision plan.

3.2 Inadequate System for Judge Appointment and Training

The process for selecting judges is likewise seriously flawed. It is primarily the responsibility of
the judicial officers themselves for the delay in disposition and buildup of arrears in trial Courts.
The nation needs judicial officers who are competent of applying and administering the law, and
it also needs to provide thorough training for at least a year.80

The Court noted in All India Judges Association v. Union of India81that the majority of states
lack a separate and unique academy for educatingrecently appointed judges. The training, which
ranges froma week to a month, is ineffective and ineffective. Inducting It is not wise nor
desirable for recent graduates to hold positions of such significant power.given that the Judge
must make decisions regarding, among other things, the a person's life, liberty, possessions, and
reputation plaintiffs from the first day of his/her accepting office.

Building judicial officials' capacity is something we must do. Currently, judicial officers receive
training in the State Judicial Academies for a year following their entry into the legal system. To
further develop their skills, judicial officers then participate in in-service training programmes.
However, these activities must be expedited by enabling more assistance for these initiatives.
According to the study, 250 crores of rupees were distributed to the states for the years 2010 to
2015 in proportion to the number of courts under each state's jurisdiction.

The State Judicial Academy is the primary institution in charge of the Judges' training. While
some state judicial academies are well-equipped with adequate infrastructure to train newly
appointed judicial officers, others have scant resources for adequate infrastructure and training
facilities. Additionally, in order for the state judicial academies to host events all year round, the
state must provide financial support. According to the study, the Central Government has
contributed a total of Rs. 300 crores, or Rs. 15 crores per High Court for each of the 20 High
Courts. These monies may be utilised to establish new academies in states where none now exist
or to upgrade the facilities of those that do.Justice Accountability and Transparency

80
1st Law Commission of India, 14th Report on Judicial Reforms, 1958.
81
All India Judges Association v. Union of India AIR 1993 SC 2493.
It is a well-known fact that the Rule of Law upholds democracy, and it is also true that a fearless
and unbiased judicial system isresponsible for upholding the Rule of Law. Judges must,
therefore, always act in a transparent and constitutionally sound manner. The judicial system
cannot afford to be uncritical of itself. Judges must hold themselves accountable at all levels.
Independent judges are not exempt from responsibility.

Transparency is ensured by the judiciary today, which is subject to intense scrutiny of both its
operations and the behaviour of its members.82

3.3. Corruption
In addition to being extremely important, doing justice is also holy. It is seen as an aspect of
divine nature in the civilization. The judicial system is intended to be one of high honour and
dignity. However, reality requires that we recognise and not ignore the fact that the judiciary's
reputation has slowly and gradually deteriorated. The final evaluation of the judiciary's
reputation depends on how cases are handled by it and how much trust the parties to the cases
have in the courts. Therefore, it was discovered that it is difficult to point to a specific cause and
say that this is the specific reason for the society's loss of faith and respect in the judiciary. This
was true when an effort was made to analyse the causes that are deteriorating the image of the
judiciary.

It has been determined that a variety of reasons have contributed to the judiciary's declining
reputation. It could be due to the declining quality of the bar and the bench, a flaw in the entire
judicial system, pressure from today's society coupled with a desire for people to make money as
quickly as possible, a rise in materialistic tendencies among everyone, and so on and so forth. In
other words, it will be challenging to identify a single cause and assert that once this issue is
resolved, the judiciary will be free of corruption.

The judiciary has a long history of being known for its honesty and integrity. Even the most
vehement critics of the judicial system in the past, who would complain about the timeliness of
the legal process, the expense associated with the administration of justice, and the uncertainty
associated with decision-making, which burdened the litigant heavily, would not accuse the
Judge of corruption except in extremely rare circumstances. However, this monster has just

82
Dr. Sunil Deshta and Kamal Jeet Kaur Soch, Philosophy of Judicial Responsibility: A Survey, Journal of Civil and
Military Law, Vol. 45, 2009, page 60.
started to make an appearance in the court system as well. The causes are easily visible. When
compared to the executive officer of the same level, the judges' emoluments and amenities are
extremely low.

A judge will fall victim to corruption if they witness it happening all around them because it is so
contagious. Furthermore, the type of cases that are increasingly common today, such as bails and
land acquisition lawsuits, have a broad range of judicial discretion that tends to corrupt even the
good judges, especially when there are dishonest solicitors eager to offer them alluring bait.
Other than financial corruption, there are numerous other types of corruption that can occur,
including nepotism, favouritism, and bias based on caste, religion, or other social groups.

Today, it is clear, visceral, and poisonous how judges in India's constitutional courts have lost
their moral integrity. The nation is currently transforming into an aggressive culture where the
unethical and their goons exploit the defenceless and the desperate. All of the people, including
the judges, have fundamentally lost their moral fibre.

3.4. Court delays are a problem

The issue of delays is not brand-new. It predates the law itself. However, recently, it has grown
to such a huge extent that if it is not resolved, Rapidly and effectively, it will eventually entirely
destroy the entire framework of our legal system. Legal hiccups have long been an urban legend.

Case disposition delays can also be "judge made," lack of timeliness, laziness, and lack of case-
file control. Additionally, the length of the legal process plays an important part inthe delay in
case resolution. Giving unwarranted extensions on request or because of a "strike call" only
makes the issue worse.135 Another significant irregularity that must be avoided at all costs is
loosely following the Court's timetables. Another issue that judges at all levels must address is
the delay in the judges' rendering of judgements. As partners in the enormous work of
administering justice, the Bench and the Bar must vow not to take part in slow-moving justice.83

According to the Arrears Committee's 1989–1990 report, the unfilled High Court vacancies are
primarily responsible for the buildup of cases because lost mandays were directly correlated with
the accumulation of cases. According to the committee, neither the Central Government nor the
State Governments have conducted a scientific assessment in the recent 50 years to determine the

83
S.P. Verma, Indian Judicial System-Need and Directions of Reforms, Kanishka Publishers Distributors New
Delhi, Ist Ed. 2004, P. 19.
need for judgestrength, particularly in the subordinate judiciary. According to the paper, a
complete analysis is necessary to establish the infrastructure and number of judges the nation
would need based on the quantity of active instances, the rate at which legal matters are being
filed with the legal system, and anticipated an increase of court cases in the coming years. In our
nation, there are the fewest judges per million people in the entire globe. Although it must be
remembered that the issue of delay won't be resolved automatically by simply adding more
judges to the subordinate courts and the high courts, in the current situation, strengthening the
judiciary by adding a significant number of judges is unquestionably necessary. Making the
appropriate appointments while taking into account their merit, suitability, skill, and integrity is
also vital. A vacancy that is not filled may not be as harmful as one that is filled incorrectly.84

Union of India v. LokPrahari85Through Its General Secretary S.N. Shukla I.A.S. (Retd.)When
the backlog of cases in High Courts and Lower Courts was brought up in front of the Supreme
Court recommended that retired judges be appointed to sit in on High Court sessions in order to
serve the interests of the judiciary as a whole. The Supreme Court ruled that the first step has
been taken in the hopes and aspirations that everyone involved would cooperate and that retiring
or retired judges will volunteer their skills for the greater good of the judiciary. At this time, the
recommendations cannot be all-inclusive.

3.5 DIFFICULTIES FACING THE INDIAN JUDICIARY

Even though The Indian Judicial System is among the most most powerful judicial the systems
in entire world, it is also dealing with a number of problems and difficulties that are making it
almost completely ineffective. As a result of this inefficiency, people are beginning to lose faith
in the Indian Judicial System. They don't want to go to the courts to get their issues resolved.
Because of this, it is crucial that the court overcome the obstacles in its path and regain the
confidence and respect of the nation's citizens. The Indian judiciary is up against the following
challenges:

3.5.1 Court Procedure Restraints

In courts, many cases are scheduled on days when there is little probability that they would be
heard and put through with effective proceedings. In addition, the Courts call the aforementioned

84
Ibid
85
Union of India v. LokPrahari AIR 2021 SC 2019.
cases just to adjourn them to a later date, taking up almost a third of their valuable court time. It
is difficult to say that the Courts' time spent in this manner was put to any useful purpose.

In order for the court to utilise its judgement and conduct an efficient proceeding in each case
scheduled for hearing on a specific date, the cause lists must be kept up to date.

Additionally, it takes the litigants a long time to get certified copies of the papers from the
courts. The process for requesting certified copies of documents must be streamlined, and
litigants must be able to quickly acquire copies of documents from the courts.

3.5.2.Poor Infrastructure
The world's lowest judge to population ratio is found in India. In India, both the population and
the amount of litigation havegrowth during the previous 50 years has been tremendous., yet there
has been norise in the number of judges in proportion. The court system's infrastructure has also
not changed substantially.India had 10.5 judges per million population, according to the Law
Commission's 120th Report, compared to 50.9 in England, 57.7 in Australia, and 107 in the
United States.. Although The Law Commission recommended 50 judges for every million
people. rather than only 10.5 judges per million, the aforementioned recommendations have not
been carried out to date, and the judge population ratio issue in India continues. The Supreme
Court has also concisely addressed the concern of everyone concerned about swift justice in the
cases of P. Ramachandra Rao v. State of Karnataka86and All India Judges Association v.
Union of India87.

The Supreme Court ruled in P. Ramachandra Rao that delays in trials are typically brought on by
the following factors:

Insufficient or delayed summons and warrants being served on the defendants and witnesses;
failure to produce prisoners who are awaiting trial in court; failure to serve summonses and
warrants on defendants and witnesses in a timely manner; and presiding judges leaving the bench
while on leave, despite the fact that there are numerous courts and cases.

For the purpose of providing training to newly hired judges as well as to in-service officials, the
training infrastructure at both the Central and State government levels needs to be strengthened.

86
P. Ramachandra Rao v. State of Karnataka (1993) 4 SCC 288
87
All India Judges Association v. Union of India AIR 2002 SC 1856.
A sufficient number of officers must be stationed in the training facilities, and they must receive
favourable financial incentives.

3.5.3Expensive Justice
Another difficulty that litigants in India encounter is the high cost of litigation, which needs to be
addressed by both the Bar and the Bench. We must acknowledge that, even after more than 70
years of independence, the less powerful and affluent segments of society do not believe they
have an equal opportunity to obtain justice due to their socioeconomic circumstances. By
enforcing and supporting, the Government has shown its sincerity and will in that regard.

3.5.4 Danger to the Judiciary's Independence

The judiciary's independence has long been a contentious issue in India. It has caused confusion
in the minds of politicians, judges, and regular people. Arguments for and against the idea of
judicial independence can be found. Supporters of complete judicial independence assert that a
democratic system is impossible without such a system because only a Supreme Court canuphold
the law's authority. In daily life, the reach and independence of the judiciary are of utmost
significance. There is no disagreement regarding judicial independence. is essentially guaranteed
by the Constitution of a modern democracy that upholds the rule of law.143 The following
factors, among others, form the foundation for the judiciary's fundamental requirement for
independence. To interpret the Constitution, It is the country's highest law, and the necessity of
doing so in a progressive and purposeful manner in order to keep a check on how the other
branches of government—the administration and legislature—are carrying out their duties.

3.5.5 Less use of technology

Today's world is a technological one, and no institution can survive and thrive without having
access to the newest technology. The Indian Courts, however, fall short in terms of technological
utilisation. The courts must adopt technology if it is to be more efficient. The enormous amount
of paperwork will be lessened as a result. The court's database is not kept in a single location
either.

The Court's proceedings and hearings are not also recorded. As a result, there is a pressing need
to deploy better technology for capturing the testimony as well as for other uses like
documenting court proceedings by installing cameras in the courts.
In SwapnilTripathi v. Indian88Supreme Court held that it is in the general public interest for
Supreme Court hearings to be aired live.

The Supreme Court further ordered that relevant rules be drafted promptly in accordance with
Article 145 of the Indian Constitution.

It is irrelevant to mention here that the need for technology in courts was felt the greatest during
the past year, which saw the worst global impact of Novel Corona-Virus (Covid-19). It was
realised that now is the time for the courts to be technologically advanced so that the delivery of
justice won't stop even when the judges, solicitors and litigants are unable to attend court. The
Supreme Court further ordered that the High Courts and trial courts use videoconferencing and
other technologies to hear cases and ensure social distance during this time because to the Novel
Corona-Virus conditions that were in effect. The Supreme Courtobserved that the use of
technology cannot be considered as a passing concern when the national government ordered a
21-day complete lockdown to stop the corona virus's spread. Technology is not going anywhere.
A three-judge Supreme Court panel, presided over by the Hon'ble Chief Justice of India Shri
S.A. Bobde and including Justices D.Y. Chandrachud and L. Nageswara Rao, heard the case via
video conference and instructed the High Courts to determine the modalities. The Supreme Court
ruled that "Covid-19" necessitates social distance and that precautions must be taken to prevent
the spread of illnesses inside courtrooms. As a result, video conferencing must be utilised up
until the High Courts issue suitable guidelines, according to the Supreme Court. The Supreme
Court further ordered that the High Courts may utilise any video conferencing software that is
functional in their region.

3.5.6 Need for Caution and Restrictions

The two sides of the same coin are judicial restraint and judicial activism. Therefore, the use of
constraint by the execution of its duties is always necessarythe judicial. The Courts must operate
with appropriate constraint and self-discipline to prevent judicial activism from turning into
"judicial adventurism," which would allow a Judge to follow his personal standards of right and
beauty while disregarding the boundaries of his jurisdiction, the restrictions of the law, as well as
the tying precedents. In the absence of such, not only will the law develop in an ambiguous
manner, but the judiciary's reputation and respectability may also suffer.

88
SwapnilTripathi v. Indian (2018) 10 SCC 628.
A court should only grant rights when it is confident that those rights can be upheld and its
decision can be obeyed. A serious risk exists when many rights are established without effective
means of enforcing them. The judiciary must not degenerate into a hollow, form only institution.
There are actual boundaries, and the justice system should work to enforce them. The Courts'
rulings must remain within the bounds of the rule of law, must not disregard authoritative
sources, and must not diverge from or be incoherent with the overall body of the law.

3.5.7 Limited Engagement with Society

The judiciary must be an essential component of society if it is to continue functioning
effectively. The judiciary must connect with society, and that interaction must be frequent and
pertinent. There are a number of nations that involve their citizens in the judicial process.
However, such a setup does not exist in India. To create an efficient court system, however, it is
imperative that the populace participate actively in legal proceedings.

3.6 CRITICAL ANALYSIS

The judiciary is the only body that has the power to settle disagreements whether they arise
between the Centre and the State, between one State and another State or States, or between the
States and the plaintiffs. The Judiciary's decisions are legally binding for everyone, including
citizens and governments. The Indian judicial system upholds the Constitution, promotes and
defends human rightsharmony and peace. It has a check and balances over the government's
legislative and executive acts. With the foregoing explanation, it is clear that the cornerstone of
the judicial system is the judiciaryand the foundation of democracy. When people have
complaints, they go to court to have them addressed. Not as a timekeeper but as an alarm clock,
the judiciary must function. Our fundamental and The ultimate safeguard for human rights is
provided by judiciary, who servesas the ultimate judge. Under Article 32 of the Constitution,
citizens have direct access to the Supreme Court of India, the greatest in the nation constitutional
court, to file complaints against alleged violations of their fundamental rights. However, the
Indian court is currently dealing with a number of new problems and difficulties that are
impeding its ability to administer justice. The executive branch and policymakers need to pay
quick and serious attention to a number of important difficulties and challenges, including the
backlog of cases, trial delays, inadequate infrastructure, judicial accountability, and openness. If
these problems are not resolved, they will have a profound effect on the efficiency of the Indian
court and undermine public confidence, which could ultimately lead to a constitutional crisis.
3.7.RESPONSE TO DELAY OF JUSTICE
The court found that "The two defendants had spent seven years in prison without an inquiry into
the allegations or a filing" in MantooMajumdar v. State of Bihar893 of the Court's charging
sheet. Justice Krishna Iyer slammed the State of Bihar, declaring it a flagrant "There can,
therefore, be no doubt that speedy trial, and by speedy trial we mean a reasonably expedited trial,
is an integral and essential part of the fundamental right to life and liberty enshrined in Art 21,"
the judge wrote. She also ordered the release of two defendants on their own bond without
sureties.1," the Supreme Court continued in Maneka Gandhi v. Union of India.

The Supreme Court emphasized the necessary character of the prohibitions on adjournments
under Section 309 of the CrPC in State of Uttar Pradesh v. ShambhuNath Singh.

The Supreme Court attempted to establish a guiding principle for the prompt delivery of
judgements in Anil Rai v. State of Bihar 90. "the Constitutional bench Supreme Court remarked
that the criminal courts and the High Court must abide with Sections 258, 309, 311, and other
provisions of the CrPC, and reiterated the proverb "justice delayed is justice denied."" in P.
Ramachandra Rao v. State of Karnataka.91

The Supreme Court has issued a special order to "increase the number of judges from 10.5
judges per 10 million population to 50 judges per 10 million population in 5 years; to fill
vacancies in 1 year and eliminate the backlog of cases. Law Commission Report 120 of 1987 and
85 with the infrastructure to meet the Parliamentary Standing Committee"All India Judge's
Association v. Union of India92.

It was emphasised by the Supreme Court that "several procedural procedures in the CPC (such as
the restrictions on adjournments, the provisions on the government answering to notices in a
timely way appropriate manner, etc must be implemented in Salem Advocate Bar Association,
Tamil Nadu v. Union of India93. The fundamental cornerstone of the right to life, liberty, and
due process in India is Article 21 of the Constitution. It should thus not come as a surprise that
the same clausethat has given meaning to swift justice and a fair trial would also place some
restrictions on judicial reform.. As a result, Noteworthy is the fact that in P. Ramachandra Rao
89
MantooMajumdar v. State of Bihar (1980) 2SCC 406
90
Anil Rai v. State of Bihar [(2001) 7 SCC 318]
91
P. Ramachandra Rao v. State of Karnataka [(2002) 4 SCC 578]
92
All India Judge's Association v. Union of India [(2002) 4 SCC 247]
93
Salem Advocate Bar Association, Tamil Nadu v. Union of India [(2005) 6 SCC 344]
v. The Supreme Court said that many procedural rules (for example, rules on delay, timely and
appropriate reaction of the government to notices, etc.) must be followed in CGK. Therefore, the
necessity of swift justice cannot encompass the arbitrary termination of cases, at least not in the
context of criminal prosecutions.

3.8. FACT, LAW, AND LEGAL APPLICATION

After identifying the issue areas, we move on in our mission to deliver justice more quickly. The
wider objective being justice delivery, a study of the issues as they were surveyed and researched
indicated that the separation between fact, law, and application of law is not given enough
attention as a major area (and as a result of a flaw in our legal education system).

A Division Bench of the Delhi High Court remarked in Grand Vasant Residents Welfare
Association v. DDA94 that all judicial adjudication in our courts consists of three components:
fact, law, and application of the law. Three components make up the first part (fact), including

1.i) pleadings, ii) documents, and iii) evidence.

2. law (selection & interpretation), and

3. law's application to the circumstances as they have been established.

The generational gap makes the issue worse. In any case, we need to be better prepared with our
understanding of some fundamentals, such as the distinction between (1) fact; (2) law; and (3)
application of the law, in order to be able to tackle the mass of irrelevance as well as the false or
baseless factual averments, and other legal contentions that are thrown before our courts.

Today, the majority of court time is spent deciding disputes that occur when one party (of the
two) willfully introduces false allegations, misrepresentations, or denials of fact in the pleadings
- all for the reasons mentioned above, and without fear of punishment. Each of us needs to be
well-versed in knowing this distinction as well as the many "types" of facts in order to help
combat this issue. In any event, developing a method to quickly separate the three improves grip,
develops clarity in decision-making, as well as accuracy, and generally speeds up and improves
the quality of work. A fact can signify many different things.

94
Grand Vasant Residents Welfare Association v. DDA LPA 775/2003 decided by a DB of the High Court of Delhi
on 5.03.2014.
 A condition of things, i.e., an existence or motion; an event, incident, or occurrence; a deed; a
thing done; an effect created or attained; a reality as opposed to conjecture or opinion; truth, as
opposed to fiction, are all examples of what it could mean. Both physical and psychological facts
are possible.

The facts are the source of the rights and liabilities, which are not independent of one another.

3.9.LEGAL PROVISIONS, RULES AND REGULATIONS ON DELAY

"The term "law" is vague. It is a word with numerous connotations, much like democracy. It has
developed odd implications. The search for the definition of law has never ended. voyage. The
definition of law has been a source of controversy in the field of jurisprudence. similar to In their
quest for the Holy Grail, juristic theories have yet to come up with a definitive definition of law.
That is the main reason why there are so many legal institutions and colleges. laws' definitions.
Bentham theory of Legislation has received attention from the researcher for his well-known
saying that "legislators should aim to promote the overall welfare of the public Bentham believed
that a thing's rationale "ought to have" be based on its utility. "may not have actually occurred"?
As defined by Bentham, legislation is now discovered to have clay feet. He then went on to
explain the differences between the science of legislation and Its art, too. After reviewing a
variety of books, the researcher has produced the current chapter. observed the following legal
guidelines to prevent justice from being delivered slowly.

3.10. THE CONSTITUTIONAL DUTY TO SPEEDILY HANDLE JUSTICE

The Indian Constitution's obligation for the prompt administration of justice is irrefutable. The
pursuit of justice recognized and a basic rightthat includes the prompt administration of justice.
The government intends to guarantee the right of Indian citizens under the preamble, articles 14,
19, 21, 32, and 226 of the Indian Constitution. dispensing with Considering the Directive,
Additionally, the Indian State has a holy duty.to delivering justice on time. Articles 38(1), 39,
and 39A of the Indian Constitution set downthe fundamentals of government policy. By virtue of
the Indian Constitution and its legal requirements for uphold practicaljustice execution. The
Constitution's Preamble gives the government the power to protect social, Each and every one of
its people receives financial and political justice. The Fundamental Rules of State According to
policy, the state should work to create a social structure in which such justice informs everyone.
58 the national institutions (Article 38 (1)). In the case of Babu v. Raghunathji95, according to a
95
Babu v. Raghunathji (AIR 1976 SC 1734)
ruling by the Supreme Court, "Justice for all would comprise 'legal justice' which suggests the
administration a must provide an of justice reasonable, speedy, and efficienta means of
encouraging everyone in the public to acknowledge justice, regardless of Regardless of their
financial situation, social standing, or other resources, Article 39 of the Indian The Constitution
requires the State to offer legitimate direction. The Constitution's mandate forNo citizen is
denied justice due to their financial condition or other barriers, according to Article 39A of the
Constitution, which mandates that "the State shall ensure that in order to ensure that prospects
for attaining justice are increased, the functioning of the judicial system.". The composite code of
Articles' constitutional duty for prompt justice The Indian Constitution's Articles 14, 19, and 21
are enshrined in Indian law, and in P, a Constitution Bench of the Supreme Court of India, has
competently explained. Ramachandra Rao v. Karnataka96Condition a case the judge declares:
"It is the State'sfundamental duty to administer swift justice, particularly in the area of Lack of
cash or resources is not a valid excuse for denying the right to justice under the criminal law.
originating from the Constitution's Preamble, Articles 21, 19, and 14 as well as from the guiding
principles of government policy. As soon as possible, the Union of India and the Several States
are aware of as per their constitution obligations and take action in the direction for improving
the delivery of justice. We must remind everyone involved of What this Court said in
HussainaraKhatoon (IV) was that "No State may be authorized to act in a to deny the accused's
right to a speedy trial under the Constitution on the grounds that the State lacks the necessary
financial resources to carry out the necessary purchases for enhancing the judicial and
administrative systems to ensure a swift trial. The State may have budgetary restrictions and
spending priorities, nevertheless "the law" still prevails. prohibits any Government from revoke
the fundamental based on the rights of its citizens either administrative failure or poverty. (para
10)”. In a few international jurisdictions, the right to an expeditious trial (and quick justice) has
been valued. sanctions and customs that apply to India, particularly the International Convention
on the Law of the Sea India ratified the International Covenant on Civil and Political Rights
(ICCPR) on April 10, 1979.The significance ofcommitmentstointernational law and settlements
in strengthening and implementing fundamental. Indian laws have consistently protected
fundamental rights, perhaps most notably in cases like Union of India v. People's Union for

96
Ramachandra Rao v. Karnataka [(2002) 4 SCC 578]
Civil Liberties 97as well as NilabatiBehera vs. Rajasthan State and Others98. The dedication
Article 51(c) of the Indian Constitution is expanded upon to encourageconsiderationfor
worldwide conventions and agreements, as well as the power delegated to the Indian state by The
Indian Constitution's Article 73 (1) (b) strengthens the state's already-established presumption of
convenient justice. It is appropriate to draw attention to a few distinct the current arrangements
and components of the Indian Constitution. The Ultimate Articles 141, 142, 144, and 145(1)(c)
of the Indian Constitution provide the Court of India the authority and duty to pass legislation to
uphold major rights and provide for justice, and the Indian State is required to to ensure the
consistency of such requests in accordance with Article 256 of the Indian Constitution. The
Union Government is authorized by Article 247 of the Constitutionthe creation of new courts. for
the purpose of better organizing any current law or any laws enacted by the Parliament a Union
List entry identifying them. The Constitution has already been changed once, bearing in mind
keep the end in mind to ensure quick case resolution. Amendment 42 to the Constitution of 1976
allowed for the creation of numerous specific tribunals to handle cases of many kinds in India.

3.11. IMPACT ON THE QUICK DISPENSATION OF JUSTICE IN PROCEDURAL

CODES
The legislative capacity to provide effective justice in a timely manner is demonstrated by the
manner in which various minute arrangements are unambiguously committed to in most statutes
prompt decision-making, fundamental leadership, and the delivery of justice. These agreements
either set a maximum period of confinement or conceive of a useful period of time for the
contemplative mental state. Here, it is helpful to quickly highlight some of the crucial Rules in
India's civil and criminal procedural codes that are mandatory.

3.11.1.The Code of Civil Procedure (CPC) of 1908

"Provisions must be made in order to reduce the duration of the resolution cases. be introduced
as a for all civil disputes and cases, in a manner similar to section 80 CPCthat a litigant intends to
pursue. In BihariChowdhary v. State of Bihar6, the Supreme Court made a ruling, the purpose of
section 80 CPC is to make sure that before a lawsuit is filed against the public officer or the
government in question is given an opportunity to the chance to review the claim in relation to
which the proposed lawsuit is filed and if it turns out to be a valid claim, act right away to
prevent further delay. By resolving the claim without driving the person, the public will save
97
Union of India v. People's Union for Civil Liberties [1997 (3) SCC 433]
98
NilabatiBehera vs. Rajasthan State and Others [1997 (6) SCC 241]
time and money. who sent the notification, to start the lawsuit, which will cost a lot of money,
delay. The pertinent passages are excerpted below:" "In this situation, the version of Section 80
CPC that existed before its adjustment made by Act 104 of 1976 (although the position is
unchanged under the revised section) insofar as a case of this nature is concerned, unchanged).
The section's effect is unmistakably to put a stop to the filing of any lawsuits against the public
or the government officials in until the end of any act allegedly performed by him in his official
capacity, two months following the delivery or abandonment of written notification at the
Secretary's office to the government, the district's collector, and in the event of a public official
indicating the information listed in the last section of the letter, mailed to him or left at his place
of business section's first paragraph. Unlike private parties, the government is supposed to after
collecting such information, examine the subject of the notification in the most impartial way
possible. Obtaining legal counsel as they see fit, making a choice made in the interest of thethe
section's two-month window for determining whether the claim is justified and reasonable, and
the Therefore, swift talks and settlement should be used to prevent the envisaged lawsuit or
whether the lawsuit, if and when it is filed, should be fought out in order to contest the claim.
There is unmistakably a public purpose driving the obligatory clause in the provision requiring
the publication of a notice outlining the specifics of the planned lawsuit allowing either the
government or a public servant two months' notice before filing a lawsuit started a case against
them. The section's objective is to advance the rule of law and justice. of law. preservingthrough
minimising unnecessary litigation, the public interest. The CPC's Section 89, which regulates
out-of-court dispute resolution, states that "where the court deems there are componentspresent
that could The court may make reference to and specify the parameters of a proposed
settlement.in reference tojudicial settlement, arbitration, conciliation, or mediation. Once more,
order Rule 5B (as amended) of the CPC required the court in actions brought against the public
or the government officials to support the initial stages of settlement. Rule 1, Order XVII of the
CPC governs Court's power to postpone proceedings and adjournmentsproceedings. Various
examples of agreements that mention durations in addition encourage the timely delivery of
justice, as stated in Section 80, Order 5. Orders 8 and 10, Orders 19 and 20. The 1973 CrPC,
Rule 1 and other provisions. Sections 167, 258, 309, 311 and 468 of the CrPC contain provisions
to expedite speed up the resolution of cases and enable easy justice delivery. The CrPC defines a
legal deadline for finishing a test, and Section 167 further specifies that failure in that situation.
toinish the inquiry within the stipulated term will lead to the release of the accused. The culprit
will be let go on bail and in. and out on bail prison. In advance, Section 436 has been made legal
by the CrPC Amendment Act of 2005. A, which states that during trial detainees can only be
held for a maximum of half of the most severe period of detention for that offense under that
legislation determined (Except for crimeswhich has the death penalty listed as one of the
potential penalties) restrictions imposed by that statute). Due to parties' absence from or lack of
participation at TheThe investigation and trial's numerous stages add to the overall delay in the
administration of justice. system, it's crucial to rapidly draw attention to the CrPC provisions that
deal with non attendance/non-participation. These contain Section 267, which expressly grants
criminal tribunals the requiring attendance), Section 270 (prison officer shall cause the person to
appear), and being required to appear in court pursuant to Section 267 and Section 271 (authority
to issue a commission to examine a witness while they are incarcerated), etc. Articles 284
through 287 interact the courts to grant commissions for the questioning of witnesses or to issue
summonses to witnesses. Sections 61 to 69 of the CrPC permit the issuance of summonses where
Section 62 does not. (3) necessitates a signature of acceptance from the recipient of the summons
is delivered, and Section 69(2) states that when witnesses refuse to testify, the summons has been
properly served. transporting the summons. The CrPC's Section 309 governs suspensions and the
authority court's ability to postpone hearings. CrPC has recently undergone changes to reduce
delays. the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009)'s Section 21 is
particularly important. 63

3.11.2.Modification of CrPC Section 309

The following proviso appears in sub-section (1) of section 309 of the primary Act: "Providing
the investigation or trial centres on a crime," shall be inserted. As far as the Indian Penal Code's
sections 376 to 376D are concerned, the investigation or shall trialif at all feasible, be
finishedwithin two months after the witness examination's commencement date."; (b) in
subsection (2), immediately following the second condition and before The subsequent caveat
will be added to Explanation 1: "assuming also that— (a) no A party may request an
adjournment, and it will be granted unless the circumstances are outside of their control; (b) the
fact that a party's pleader is involved in c) When a witness is in one court but not the other not in
another Court, this is not a reason for adjournment; If a a party or his advocate appears in court
but neither is present, or both are present but If the witness cannot be cross-examined or
examined by the court, the judge could if it deems it appropriate, note down the witness's
testimony and issue any directives it deems appropriate, eliminating the witness's cross-
examination or primary examination, as appropriate. Sadly, Section 309(2), which appears to
"directly deal with the issue of delayowing to Adjournement for absence doesn't yettaken effect.
The Indian Supreme Court has issued guidelines in the case of Salem Advocate Bar Association,
Tamil Nadu v. Union of India ; Case P. Ramachandra Rao Case of ShambhuNath for example,
the HussainaraKhatoon case the requirement that the procedural rules outlined in the CPC and
CrPC be properly adhered to adhered to in order to guarantee the prompt and efficient resolution
of both civil and criminal cases matters.”

Among the fundamental pillars ofRule of law and democracy, the Indian court is regarded as the
citizens of India's last chance. According to Chief Justice Burger: "A feeling of trust in for a free
peopleto uphold the foundation of ordered liberty, three things are crucial: Things like those
people could undermine that assurance and cause irreparable harm to society. a conviction
ineffectiveness and tardiness will undermine even a fair assessment of its worth; individuals who
have been taken advantage of in minor everyday transactions learn to feel that courts cannot
protect them from The public begins to believe that the law, in a more general sense, cannot
fulfil its main purpose of In their residences, places of employment, and on the streets, safeguard
them and their families. However, no one can argue that India's justice delivery system lacks a
decent shape. Numerous advisory groups and projects have been established. has been created in
this way. However, no outcome has led to a reduction in the Judicial Procedure considerably and
clearing the backlog. The first panel to examine Justice Rankin served as the chairman of the
issues of delay committee when it was established in 1924.Afterward, a number of committees
presented their recommendations, but only minor progress has been made. made in terms of
execution. They include the "Justice S.R. arrears with Das High Court. The Trevor Harris
Committee in West Bengal in the year 1949, also known as the 1950's Wanchoo Committee in
Uttar Pradesh, 1949, Justice J.C. Shah 'Satish Chandra Committee in the year 1986',
'SatishChandra Committee in the year 1972', and the first The "Mallimath Committee in 1990"
phrase. Additionally, the Law Commission of India has several reports since 1955, including
"the 14th, 79th, 80th, 120th, 121st and reports the 124th. Alternative reports on this matter
include the 221st, 222nd, and in particular the Delay, pendency, and arrears issues were handled
by the 229th." 11 In 2003, the Second Malimath Committee likewise presented "its
recommendations. In a meeting between the Prime Minister and the Chief Justice, as well as the
Chief Minister. The Indian Supreme Court elevated changes to ensure prompt justice.

3.12 Reports from Law Commissions

In the most recent period, reform of the legislation fundamentally intentional process. at least
300 years ever. In the bygone era, when normal law and religion Transformation in the field had
been specific and disorganized during the suitable establishment of law reform organizations.
However, starting in the third decade The Government frequently established the Law
Commissions throughout the 19th century, and were empowered to suggest various
administrative adjustments in order to strengthen, The corresponding ranges are shown and
organized. The first such In 1834, the Commission was created as a result of the "Sanction Act of
'Ruler Macaulay' served as the chairman of the committee in 1833 that recommended codifying
the The Penal Code, the Criminal Procedure Code, and a few other statutes. then, the next, third
and Fourth Law Commissions were established separately in the years 1853, 1861, and 1879.
which, over the course of 50 years, made an enormous arrangement to modernize a copy of the
Indian Statute Bookfantastic display of laws following the lead of the monarchy current English
laws modified for the Indian states. The Code of Civil Procedure of India, the Transfer of
Property Act, the Indian Evidence Act, and the Indian Contract Act. and so forth resulting from
the first four Law Commissions. A government order first established the 21st Law Commission.
2015 September. The three-year term was set to expire on August 31, 2018. The Without further
ado, the commission will include five part-time members who will rely on the need and subject
to government approval. The 21st Law's Terms of Reference The following are the commissions:
"Continue to monitor the judicial mechanism's set up to be responsive to the legitimate
requirements of thesituation, specifically to obtain: Reduction of costs associated with securing,
removal of delays, and quick resolution of arrears swift and realistic case transfer without
affecting the decision's primary criteria should be fair and logical. Methodology simplification to
reduce and eliminate complexities and delay-causing techniques with the intention that it serves
as a means, rather than an end in itself realizing equity. Improvement of benchmarks for
everyone concerned with equity organization.

3.13 Trial Court Delays and Backlogs

Dismissing "justice" is equivalent to rejecting justice itself. Both are essential. with one another.
A timely transfer a necessary component in upholding the rule of law and granting people
Access to justice is a fundamental right that is unassailable.freedom. Nevertheless, the law Due
to the vast number of cases that have been filed, the framework cannot provide appropriate
justice. which the judge considers to be completely inadequate. assistance despite the already
increased 66 the framework is being unable to keep up with the volume of newly established
instances, and lacks the ability to remove nearly the same amount of cases. Officially, the
buildup of instances is getting to be a severe problem. daily, leading to a deterioration of the
constitutional certification of access to prompt justice and breakdown of the legal system's
administration. This was taken away for tending. to this circumstance, which calls for a
multifaceted strategy that includes more delicate and level lawful (wo) guy organizing in head.
The report is heavily influenced by the Supreme Court's decision in Imtiyaz Ahmad v. Uttar
Pradesh State and Ors. requested that the Commission accept a request and provide its
recommendations in relation to the aforementioned, "bearing in mind that Access to equity
depends on timely justice, and the quick actions that should be taken taken by means of a process
for adding additional courts and other issues (counting a fair and Arrears and postponement
should be seen logically as proceeding with notice. adopted), to assist in ending deferrals, quick
forgiveness of arrears, and decreasing costs. It is cliché to state that the subjective component of
justice should not be undermined or sold. and specific proposals when deemed necessary based
on the aforementioned perspectives be made with relation to each State as a consequence of
consultative processes, such as the Bar, as well as the High Courts and other courts. To arrive at
an informed understanding of the current situation. Law Commission requested the assistance of
all the High Courts to manage the significant suggestion(s). to provide information on cases in all
areas within their jurisdiction. To promote thoughtful The High Courts received a format that
had been recommended by the association and source of information. They provided some very
useful information. Additionally, numerous High Courts because couldn't provide the
information/data completely due to a variety of factors. Keeping in light of the incomplete
information obtained following extensive consultations with specialists that additional survey
was delivered to various High Courts. Consequently, several crucial information was obtained,
and a grouping investigation was done without logical accumulation. nonetheless remained a real
constraint. Despite these limitations, especially in view of different tactics for accessible
information investigation in which "the Commission responded to inquiries" 12 AIR SC 2012
642 67 Was the issue brought up by India's illustrious Supreme Court. Despite the fact that the
Law Commission stressed how serious and perplexing the issue of delay is. on a more
sophisticated understanding of the question of postponement and In certain aspects, the quality of
the judges is related. If so, how? An effort has been made. created to suggest the right amount of
judges in order to shorten wait times. while approving that no clear time reference or benchmark
can be used to evaluate a case delayed delegation. How "timelessness" is defined (and how many
instances there are) It is essential to provide a justification for estimating how many additional
Judges are obligated to handle matters in a timely manner. Without first making contact, some
Given this criteria, it is challenging to suggest a suitable plan for organizing and registering
additional assets are needed to stop the problem of delay. The Commission is also fully aware of
this. As such, the report's use of words like "arrears" and "pendency" is weakened. and
"accumulation" that are widely used in a variety of talk on In India, the framework for the
administration of justice is used ambiguously. precise and clear definition. The report aims to
reflect and throw even more light. on some of these principles, and it is believed that the
producers of the arrangement and various These reflections may be found by partners in the
framework, who may then try to present some Clarity provided by the current work of some
users during their course of legal consultations changes. Given that the report's main goal is to
suggest a justification for include anything, the question of how many additional judges are
necessary to handle cases in a "opportune" manner The answer to this question largely depends
on how one defines "Auspiciousness" (and, consequently, how many instances are put off).
currently mentioned in It might be emphasized without seeming monotonous that without the
previous passages based on such a concept, it is difficult to suggest any suitable methods for To
contain the deferral, additional assets must be organized and processed. large portion of the
report comfortably begin, following a simple analysis of the various approaches to skimming by
referring to concepts like "unfulfilled obligations," "pendency," and "deferral" The text on the
subject consolidates the Commission's unique insights throughout. These reflections, while
possibly providing some additional clarification for above mentioned intentions while using
terminology that have generally been seen in doubt, the Commission viewpoints that it would not
be possible to come up with any beautifully logical and consistent 68 the meaning of these
concepts. Recognizing this definitional obstacle and the lack of information obtained, the current
paper completes the circle by offering some suggestions on the further assets needed to eliminate
the current holdup and maintain the accumulation in the future.
 CHAPTER-4
ROLE OF THE JUDICIARY IN PROTECTING
FUNDAMENTAL RIGHTS DURING COVID-19

The Constitution guarantees both constitutional and fundamental rights. Indian Constitution. The
Indian Constitution's Part III has provisions for Fundamental Rights, but since none of these
rights is inalienable, we have seen emergency situations where fundamental rights have been
suspended. Following is a discussion of certainFundamental rights that the pandemic has
affected:

4.1.PRIORITY OF LAW FOR ALL

The State shall not deny to any individual within the territory of India, equality before the law or
the equal protection of the laws, as stated in Article 14 of the Indian Constitution.

Here, the article explicitly lays forth the concept of "Rule of Law, among other things, forbids
the country fromacting arbitrarily by guaranteeing legal protection to everyone. But throughout
the epidemic, we have observed that governments frequently failed to create the "Rule of Law"
in terms of treating daily workers and migrant workers unfairly,avoiding ration system
corruption, etc..

4.2.RIGHTTO TRAVEL WITHOUT RESTRICTION WHEREVER IN INDIA

According to Each Indian citizen is covered by Article 19(1)(d)enjoys the fundamental right to
unrestricted movement throughout the country.

However, The government removed the freedom of movement guaranteed by Article 19(1)(d)
during the "Janata Curfew" and "Lockdown" period. giving its numerous poor people enough
time to settle down,because the government did not provide them with enough aid..

4.3.PROTECTION OF LIFE AND INDIVIDUAL FREEDOM

The Honourable Supreme Court defined "Right to Life" as "Right to Life with Human Dignity"
in the case of Maneka Gandhi v. Union of India .99

However, the government has repeatedly violated these standards during the pandemic, not
eating during pregnancy, causing people to die, and struggling to provide adequate support,
including food, shelter, and othersafer measures to those in need. migration etc. If basic rights
are not upheld, they will lose their constitutional significance because they are not absolute, but
they cannot be revoked arbitrarily. HereTo safeguard fundamental rights and reinstate the "Rule
of Law" in society, the court must intervene..

The Supreme Court of India has the authority to take notice of any legal or factual issue when a
legal right is in questionunder Article 131. However, the judiciary must have a role and should
act as the keeper of fundamental rights in every way conceivabletime each of the aforementioned
essential rights was arbitrary removed. The Supreme Court has the authority to issue any
judgement or order required to carry out perfect justice under Article 142(1) of the Constitution.
Therefore, The judiciary had the opportunity to issue orders earlier to provide justice for this
nation's citizens.by employing these extremely broad powers.

4.4.HON'BLE SUPREME COURT OF INDIA AND THE LOCKDOWN

99
Maneka Gandhi v. Union of India.AIR 1978 SC 597; (1978) 1 SCC 248
4.4.1.The Indian judicial system's initial response
Along with the Indian government, the judiciary increased its efforts to help plaintiffs during the
lockdown. The Honourable Supreme Court of India ("Apex Court") took SuoMotu notice of the
difficulties litigants were having in petitions, applications, lawsuits, appeals, and other
documents inside the limitations period prescribed by general or special laws, and it issued
instructions for an extension of the limitation period, effective as of March 15, 2020, untilfurther
directives for filings made before any tribunals or courts, including the Supreme Court. This
provided litigants with necessary relief and removed any doubt regarding parties' refusal to
appear in court.

Orders have been made by the courts in cases that directly relate to the shutdown. These concern
the law of arbitration, the extension of the statute of limitations, the stay on bank auctions of
assets during a lockdown, the stay on property demolition during a lockdown, the payment of
salaries, force majeure, the invocation of bank guarantees, and other issues. Additionally, we
have seen the Courts issue some significant rulings that had been reserved. The Courts have
made a clear attempt to maintain business as usual as much as is practical.

While the Supreme Court has received praise for using video conferencing to hear cases, it has
also come under fire for delaying its ruling on the migrant issue. However, a significant number
of Writ Petitions and Public Interest Litigationscovering various problems related to the
pandemic have been presented to the Supreme Court.

4.4.2.Migrant problem
Following the Government of India's declaration of the lockdown, one of the main problems that
was brought before the Supreme Court was the migrant issue, in which a sizable number of
migrants began trekkingduring the COVID 19 lockdown, on foot to their houses..

Two PILs were submitted to the SC, and a Bench made up of the Chief Justice and Justice L
Nageswara Rao heard them on March 30. The PILs asked for basic facilities for migrant workers
who were stuck across the nation due to the lock down.

After receiving numerous complaints and letters from lawyers and former judges asking for
relief for the migrants, the Supreme Court finally decided to take up a suomotu writ petition
addressing the issues mistreatment of temporary workers on May 26. On May 28, it issued an
interim orderarranging for the migrants' free train and bus rides, as well as free food and water,
to their destinations, and other relief for the migrants.

4.4.3.Issues Concerning Prison Congestion

On March 24, the Supreme Court issued an order that each state and each union territory
establish panels at a high level that would think about releasing all inmates who had spent up to
seven years in prison on parole in an effort to reduce jail overcrowding and contain the Covid-19
outbreak. The judges advised that a comparable advantage be given to those who are currently
awaiting trial for charges carrying a potential penalty of seven years.

Due to COVID-19, the Supreme Court declined on June 5 to order the release of convicts
awaiting trial, indicating that the issue should be decided by the jurisdictional high courts.

4.4.4.Issue pertaining to Healthcare Workers' Provisions

The Supreme Court heard various petitions relating to the need for medical professionals,
assaults on medical officers while they were on duty, etc. in the first week of April. The Ultimate
On April 27, the court heard a new petition asking for PPE for healthcare professionals such as
physicians, nurses, ward boys, and medical and p.a. personnel. These healthcare staff were
described to as "Corona fighters" by a court panel led by Justice Ashok Bhushan, who also stated
that when medical professionals are attacked, one would anticipate that security would be
requested. to defend citizens against COVID-19. Justices NV Ramana, Sanjay KishanKaul, and
BR Gawai made up a three-judge panel that ordered the government to look into the situation
and take the required actions to guarantee that all medical personnel operating in non-COVID
treatment locations receive PPE.. Tips for the economical use of PPE instructions.

The Supreme Court stated that the government cannot function haphazardly and that the welfare
of doctors and other frontline healthcare workers is a topic of concern. when it heard a petition
on June 12 from Dr.Aarushi Jain against the Union of India calling for separate housing for them
near hospitals. The Court said that it was crucial to consider their welfare and that these warriors
could not be ignored.

4.4.5.Concern over Private Hospitals Increasing COVID-19 Treatment Fees

Last Monday, a bench presided over by CJI Bobde requested information from the government
over whether COVID-19 patients who aren't covered by the Ayushman Bharat Scheme can
receive the same discounted care offered by the programme at private hospitals. According to the
petitioner's attorney, Sachin Jain, COVID-19 therapy in a private hospital costs an Ayushman
Bharat beneficiary only Rs. 4000, whereas it costs others at least Rs. 50,000.

The Court directed The Covid-19 Patient Centre will highlight resources where patients can
receive treatment for free or at a little cost, and it also questioned why private clinics that had
received free land from the government couldn't treat patients without payment.

Recently, a petition submitted by AvishekGoenka, who claimed that Private hospitals had fees.
outrageous prices to treat COVID-19 patients, was given notice by a bench presided over by
Justice Ashok Bhushan.

4.4.6.A problem with how dead bodies and patients were handled during COVID-19
On June 12th, the Supreme Court criticised State governments and hospitals for how they handle
Covid dead bodies, saying that in certain circumstances, the scenario was worse than what
animals go through.

4.5.COVID-19 SPREAD IN A CHILDREN'S HOME: A PROBLEM

The Supreme Court received a SuoMotu report on June 11 regarding 35 children who tested
positive for COVID 19 and were living in a housing shelter in Roypuram, Chennai. A three-
judge panel made up of Justices L. Nageswara Rao, Krishna Murari, and S.
RavindraBhat ordered the state of Tamil Nadu to provide a status report on the spread of COVID
in the shelter and the steps taken to preserve the health of the remaining children.

4.6.CONCERN ABOUT AIR TRAVELLERS

On June 12th, the Supreme Court issued a request for responses from theconcerning the airlines'
complete reimbursement of fares for tickets bought during the COVID-19 lockdown. In addition,
the Supreme Court ordered the Ministry of Civil Aviation (MCA) to call a meeting to work out
the nitty-gritty of this issue. The Court also ruled that a credit shell should be at least two years
long if one is being issued.

4.7.CONCERNING THE PAYMENT OF SALARIES TO EMPLOYEES BY PRIVATE

EMPLOYERS DURING THE LOCKDOWN
On Friday, June 12, the Supreme Court issued a directive for parties to settle the dispute
amicably between themselves in response to a number of petitions challenging the MHA's
announcement will continue paying staff their full salaries throughout the lockdowntime.
Reiterating its previous order, the bench stated that There would be no coercive action against
private factory or industry owners.who were inability to pay their employees their full salary for
the 54 days of lockdown.The State governments have been ordered by the bench to assist in
resolving disputes betweenboth employers and workers. Additionally, if a settlement cannot be
achieved, the Labour Commissioner should be contacted by the employers and employees.

The Court adjourned the case, stating that if any wage disputes develop, it will hear from the
parties in the final week of July.

4.8.COVID-19 PANDEMIC: JUDICIAL IMPACT ON CONSTITUTIONAL MORALITY

"The Constitution contemplates developing an egalitarian societal in theThe Bharat Republic's
social and economic democracy, there is order andFor every citizen: social, economic, and
political justice.TheHon'ble Supreme Court in recent judgments has unanimously observed the
issue of constitutional morality. Supreme Court in Naz Foundation Case "Constitutional morality
alone should prevail, not public morality".

The Honourable SC ignored the "doctrine of essentiality" the Sabarimalacasethe protection of

constitutional morality. Therefore, It is obvious that Constitutional Morality has been and always
held in the highest regard. As a result, the Constitution's framers wishedto impose a moral duty
on all the people of the country, especially the judiciary, through the Constitution. The judiciary's
job is to make sure that no executive action or inaction compromises constitutional morality in
any way.

We have observed that during the COVID-19 pandemic, numerous actions—Inactions, such as a
badly executed lockdown, as well asthe initial lack of concern for on the part of the migrant
labourersCentral government and State governments—have led to social, economic, and political
justice are compromised. The legal system shouldexercise its authority in this situation by
keeping an eye on the government and upholding the rights of the social, political, and economic
populace.

4.9.JUDICIARY'S PART IN MAINTAINING CONSTITUTIONALISM DURING

PANDEMIC
A system of beliefs, attitudes, and practises that behaviors that describe the belief that the source
of a state's authority and limited by fundamental law." Unreasonable authority is the antithesis of
constitutionalism.It maintains a balance between the judicial, executive, and legislative branches,
andarbitrary behaviour.

Constitutionalism grants citizens essential rights and judicial review authority to the nation's
independent court. The nation's judicial system now has a responsibility to defend every citizen's
fundamentalRespect for human rights and the Rule of Law. We have seen a number of instances
during the most recent COVID-19 outbreak whereRespect for human rights and the Rule of Law.
This is obviously contrary to constitutionalism, and the country's court system had a duty to
oversee this incredibly awful calamity. In addition, as the custodian of the Constitution, the
judicial system ought to ensure that they receive social, political, and economic justice.

4.10.JUDICIAL PARTICIPATION IN COVID-19 TESTING AND RENTING HEALTH

RESOURCES
Countries have been urged by the World Health Organisation to "test, test, test" for the Corona
virus. To identify all COVID-19-positive patients, it is imperative to test everyone aggressively,
especially in the "Red Zone" and "Orange Zone," as this will enable medical personnel to act
quickly to begin his treatment and prevent the surrounding population from contracting the virus.
The likelihood of community transmissionincreases in a nation like India, where there are 382
people for every square kilometre. As a result, thorough testing was required to halt
neighbourhood transmission. Additionally, the expense of this testing at the personal laboratories
ofseveral Indian states. Article 14 was flagrantly broken in this situation. of the Constitution
because the cost of the exam was so high and arbitrary. However, the Honourable Supreme
Court has sent a message to the federal government that publish rules so that people from
economically disadvantaged sectors can receive Free Covid-19 testing at commercial labs as part
of its responsibilities in this context.

4.11.JUDICIARY'S PART IN MAKING SURE JUSTICE IS DISPLAYED DURING

COVID-19 PANDEMIC
Delaying justice is unfair. The same thing as injustice occurs when justice is not served
promptly. Therefore, the Honourable Supreme Court and High Courts have adopted the internet
platform as a mechanism to secure justice throughout the lockdown period. To hear urgent cases,
SC holds virtual courts via videoconferencing, including nearly all of the High Courts in every
state. This is a very encouraging move towards ensuring that our nation's justice delivery system
Regarding the function of the judicial systemare both contemporary and forward-thinking.
However, This setup needs to be improved and accurately distributed.

CHAPTER-5

IMPACT OF THE PANDEMIC ON THE ACCESSIBILITY OF JUSTICE

AND RESPONSE OF COURT DURING PANDEMIC
2020 turned out to be the year of AnnusHorribilis, as everyone knew would desire to have taken
out of their minds. the novel's beginning. Although the world was impeded by the coronavirus in
December 2019, since then In addition to endangering the human race, it has also led to hostage
and has caused skepticism and a societal appraisal of the situation. This unexpected public health
crisis created a skeptic scenario. stagnation throughout practically all industries. However, the
widespread attempt to stop the legislation and policy makers' escalation of this public health
catastrophe has resulted in the consequences of the abuse of human rights, including the
"Ability" access to effective, speedy, and justified justice for all persons in a effective way 100.
The states in the region's biggest worry was the rise in according to the research, economic
decline causes human rights violations. Report of UNODC101, the global economic downturn has

100
Ensuring access to justice in the context of Covid-19, United Nations Office on Drugs and Crime, (07 February
2023) https://www.unodc.org/documents/AdvocacySection/ Ensuring access to justice pdf.
101
Ibid
caused a surge in the women's, older people's, children's, refugees', and people's rights
violations102being day laborers and members of the LGBTQI community. What's most upsetting
situation that surfaced during the period of global lockdown was increased frequency of
domestic violence incidents based on gender in various parts of the evidently, the pandemic
supported the influential Marxian theory, that was outlined in his most cherished work, "Das
Kapital," without a doubt.As a result of this epidemic, inequalities became more prominent. The
degree of susceptibility as well as the pandemic exposure wascalculated proportionally. Social
groupings, our social standing, and our social identitiesto which we belonged. These Inequalities
were made worse when different states' policy makers lockdowns have been implemented all
around the world hastily and without a solid plan for the successful, unhindered legal dispute
resolution procedure, and consequently, this one. Mistake caused a large number of unresolved
human rights violations to arise the way the judiciary adopted a discourse to virtual reality cases
it was admirable that things moved along quickly, especially the lower the majority of courts
across the world relied on the on field. The working approach successfully altered their
perspective during the virtual court session. Using India as an example, during the time of the
national lockdown, both the government and private society were looking for solutions to the in
this instance, our judiciary successfully portrayed itself as the different procedures were
developed by democracy to assure fair and effective victims prompt access to justice. The
effective judicial reform in India a system from a "old school approach" to a "advanced virtual
approach," not only demonstrated that justice cannot be stopped, and it also made progress in the
advancement of the judicial delivery system's digitalization.This change of one hand, moving the
judiciary to a virtual court turned out to be a wise move because it finally protected individuals
from the impact of COVID-19 and its propagation, but on the On the other hand, this quick shift
decision did certainly cut down on the working judges' and attorneys' capacity, as they also
required instruction and time to become familiar with the cutting-edge digital strategy 103. The
Digital India initiative is one of the primary drivers driving the courts' successful transformation
to digital practice. initiative that Honourable Prime Minister NarendraModi introduced in 2018,
102
DeepikaKinhal&AmeenJauhar, “Virtual Court in India a Strategy Paper”, VIDHI-CENTRE FOR LEGAL
POLICY (Jan 10, 2022 7:45 PM) https://vidhilegalpolicy.in/research/virtualcourts- in-india-a-strategy-paper/ .
103
“Covid 19 Has Accelerated India's Digital Reset", WORLD ECONOMIC FORUM (05 August 2020)
https://www.weforum.org/agenda/2020/08/covid-19-has-accelerated-india-s-digitalreset /.
which caused electronic filling to be adopted prior to the epidemic as a result, and as a result of
this initiative, the majority of the court This was virtual since certain national processes were
done online less hesitant transactions for court management. whereasone the other, Most legal
and human rights problems were addressed by the high court and the apex court. and restored
trust in the legal system; on the other side, the Digitization of subordinate courts and tribunals
initially caused issues. court system. Maybe these challenges in Indian higher judicial
proceedings 'Live - YouTube Court Proceedings' made the legal system fair, just, and efficient.
which, to name a few, several of the nation's high courts have chosen; Chennai High Court,
Gujarat High Court. as the hostage crisis year and After months, misfortune came to an end, and
life is now returning to its normal course. The objective is that these online sessions would keep
the time and court's efforts to keep proceedings transparentStreaming service online. According
to J. IndraJaising's recent interview, "even Despite the fact that this pandemic has caused an
unsettling pause and in our but it has stagnatedundoubtedly resulted inmore transparency and the
independence of the bar in Indian legal proceedings."

5.1.CHANGES TO INDIAN LAW

COVID-19 has had a major impact on the legal system in India. It has thrown an importantsheds
light on the traditional approach to administering justice, legal education to the public and legal
services. The coronavirus has provided tools and alternative ways of working that the Indian
legal industry has long been denied. Traditional business practices have been transformed and
adopted with speed and simplicity. Law firms are still working from home, showing that
technology is the lifeline for India's legal system. A few days from now, law schools have moved
to online education and training, courts have adopted the electronic courtroom, and the judiciary
has adopted the virtual court system. In Indian courtrooms, the pandemic's effects are evident.
Indian courts have switched to onlinecourtroomsso as to unhindered delivery of justice in
accordance withNorms of social segregation must be upheld in order to stop the virus's second
wave of propagation..104 It must be understood that in India, the idea of virtual courtsis older.. In
State of Maharashtra v. Prafulla Desai105,India's Supreme Court has ruled that videoconference

104
Re: Guidelines for Judicial Conduct through Video Conferencing during the COVID-19 Pandemic, 2020 SCC
Online SC 355
105
State of Maharashtra v. Prafulla Desai  (2003) 4 SCC 601
testimony must be recorded "in the manner prescribed by law."Since then, certain Indian courts
have established regulations in this area and conducted hearings via video conference..

India's judiciary has been hit hard by the rising COVID-19 crisis in the country, as many judges
and officialstests for the virus have come up positive in many courts.. Unfortunately, this deadly
disease led to the death of many courtiers. Indian courts now only deal with very important
issues at all levels to protect public health issues in 2021. Bets a number of deadlines have been
extended, events that do not fall under the aforementioned categories have been postponed or
cancelled, and cases that category have been "blog" postponed. Parties awaiting turn and/or
intervenors may be joined by counsel and their respective attorneys in addition to litigants "as
stated" in advance, as in physical court.106These people watch the streaming video of cases being
heard by the bench on their screens.As delegates of the general public, the media have also been
given a special feature that allows them access to the virtual courtroom and allows them to watch
all case procedures held by the bench or benches.

Due to overcrowding in prisons and the outbreak, some Indian criminal courts have granted
temporary bail to those currently on trial. In contrast, Indian courts have encouraged parents to
substitute electroniccommunication visits for physical onesin matters of custody and visitation.
However, the Supreme Court of Indiahas increased the statute of limitations for all actions,
including proceedings, regardless of the period of restriction imposed by general or specific
statute. All Indian courts and tribunals must abide by the Supreme Court of India order on
extension of limitation. Insolvency and Bankruptcy Code, 2016 (IBC)liquidation process has
also been hampered by the COVID-19 epidemic. The lockdown period is to be omitted from the
computation of any statutory deadlines under the IBC, per a ruling. Additionally, the National
Company Law Appellate Tribunal ruled that any temporary orders or stays of execution must
remain in effect until the next hearing date, which may be announced at a later time. In addition,
the Insolvency and Bankruptcy Board of India (IBBI) has added Regulation 47A to the
Insolvency and Bankruptcy Code, 2016 in response to the pandemic. The pandemic has changed
how students are taught in law schools. To maintain the flow of learning, Indian legal schools
have stopped using campus-based teaching methods and switched to online ones. Additionally,
106
Standard Procedure for Ld dated 15 April 2020 Supreme Court of India <
https://main.sci.gov.in/pdf/LU/15042020_134922.pdf M pleading, e-filing and video conference hearing for
parties/parties. April 2023
many judges and attorneys across the nation have been hosting webinars, lectures, and
presentations on a variety of legal topics should embrace the new normal and maintain contact
with the legal system.

Law firms have also adopted strategies to mitigate the COVID-19's possible financial
impact.work-from-home rules during this time of widespread lockdown. Because of the
outbreak, solicitors and law firms are still advising and helping clients with contract termination
and force majeure clauses. Lawyers are currently reviewing clauses in contracts that cover things
like arbitration seats and locations, Regulations, organisations, processes, and force majeure. The
worldwide disease has also caused a sharp rise in the nation's unemployment rate, putting
businesses in a difficult legal situation. Legal experts have therefore been heavily involved in
assisting these organizations as they deal with difficulties including severance pay, secrecy and
non-compete clauses, unemployment, and several more. Continually Growing Issues with the
legal system. No prior slump ever harmed the legal industry or prompted the speedy adoption of
new operating practices and standards. The first Black Swan occurrence that has had a long-
lasting and unpredictably significant impact on India's legal system is the coronavirus. The
fervor that litigation previously expressed as the champion of dispute resolution now appears to
be diminishing as the globe embraces social distancing practices. 107 The regular court
proceedings in India are postponed or moved to the virtual courtroom system. The virus might
just be adding to the terrible backlogs that the Indian courts already have. However, the legal
system is having problems outside of hearings being postponed. Gathering evidence and
interviewing witnesses is becoming increasingly difficult due to the restrictions on transportation
across the nation.

There are many sincere worries among the parties and the advocates as a result of the change in
the courtroom justice delivery system to virtual hearings. Many participants worry about their
privacy and safety in this new video conferencing setup. Additionally, a number of judicial
administrators and parties have had technical issues, which have also impacted how justice is
administered. Additionally, an army of attorneys who support their more senior colleagues
throughout the debates represents many cases in India. These lawyers have experienced extreme

107
Alok Jain and Dhruv Jain, 'Arbitration in the time of COVID-19' (Bar and Bench, 26 March, 2020)
https://www.barandbench.com/columns/arbitration-in-the-time-of-covid-19 accessed on 02 April, 2023
difficulties as a result of the new virtual hearing technique since they find it difficult to
communicate with one another during online hearings. As a result of the coronavirus's effects,
several arbitral seats may become vacant if governments continue to impose travel restrictions
and deal with its aftereffects. The adoption of artificial intelligence may eventually rise when the
justice delivery system is transformed into a digital court system. Due to the artificial
intelligence structure's partiality and incomprehensibility, this may compromise how justice is
administered.

5.2. FRAMEWORK FOR ESTABLISHING JUDICIAL INDEPENDENCE

"Inventions are born out of necessity.," it goes without saying that the current epidemic Covid-
19 had negatively impacted our usual working methods in all areas of life, including the legal
system, whichis not a unique case.. Those who drafted the Constitution would not have
anticipated the day when a single virus might damage the three primary state agencies so
negatively that it would reach a breaking point an abrupt stall. However, the most dependable
supporter of democracy, the judiciary handled this upheaval in a very effective and efficient way.
Immediately following our PM's announcement of a national lockdown, judicial officials and the
administration began seeking for a solution to the problem. and shortly after, a Supreme Court of
India advisory was made public. It has been made very clearthat the court will only hear urgent
matters. additionally mandated the filing of cases electronically in the premises. The warning
said that only the most urgent situations would be handled. These bench-approved guidelines
were discussed via video conferences of the Supreme Court, where the appellant brought up the
question in the case regarding the continuity of court operations during the Covid-19 pandemic
as a result, the bench is acting within its Extraordinary authority. Article 142 of the Constitution,
Section 14 (which gives the Supreme Court the authority "to enact any law or issue any order as
may be required for doing released a brief stating. "It will renderabsolute fairness in whatever
case or topic that comes before it." until further notice, this shall be the national judicial policy.
just after another recommendation was issued by the Apex on April 6, 2020. Court in which it
gave the appropriate high court authority over the All subordinate courts should employ video
conferencing technology until further notice. the Supreme Court approved it. Despite the fact
that virtual conferencing was a surprising development that somehow results lower courts, in
particular, face some challenges in the early going. assuming authority over all external
networking elements the Delhi lower courts, Chennai, Punjab, and Haryana made significant
advancements in the online case hearing procedure. This successful departure from the
conventional wisdom to an advanced strategy was partially effective thanks to the Digital the
India project that our PM proposed in 2018 as a result of the majority of court activity, including
the filing of the case, submission of Affidavits and other documents were entirely filed online.
facilities. The lockout, according to the Common Wealth Human Right Initiative which the
Indian government's central government introduced has had a Significant and immediate effects
on Indian courts and those involved in a profession in law. This claim cannot be entirely refuted
because it is true. the Indian courts, particularly the subordinate courts, to some extent have not
had enough funds to carry out a seamless virtual hearing in remote regions where the bulk of the
population is still ignorant of modern video conferencing technology; nonetheless, the lack of
equipment's and staff training at the court contributed to an unneeded delay in the efficient
operation of the virtual courts. As per the report, which was According to a report by the Bar
Council of India, a major portion of lower Indian court judges were not aware of the use of
cutting-edge technology. Additionally, as everyone is aware, there are a variety of sites
applications and sites on the internet that are simple to identify sending any person's private
information to a third party results in the Governmental organizations are under pressure to have
a secure online environment. in which every citizen's views, proof, and personal information are
This argument demonstrates the fact that the abrupt transition to The choice to use virtual video
conferencing was not made lightly by the higher authorities. Despite appearances, they have
engaged in a lot of brainstorming to be a subtle trick. If we examine the patterns that many
nations around the world It has been observed around the world that practically every country
experienced some sort of significant difficulty in the abrupt transition of labor from the physical
to the virtual environment. But south Asian nations like Bhutan, Nepal, Myanmar, and the
Maldives to mention a few, which are also members of SAARC, demonstrated enormous
improvement in the challenging times not only by preventing the spread of disease throughout
the country but also by providing support and assistance to the SAARC member nations. If we
examine Bhutan's governance and administration, where The administration made a pivotal
choice to accelerate and impose lockdown. The judiciary sorted the matters that need to be
resolved based on the country's Covid test rate. Violence and job loss were among the critical
items listed under priority. 20 list for all of the courts nationwide, but only one for the Indian
judiciary although there was a shift in the operation of the virtual court, there was no clear
direction. We can take a picture of what will fall under "Urgent cases" by doing this.
recommendations and can advise those strategies from our neighboring country for the judicial
system institutionalization and efficient operation.

5.3. LOWER COURTS' REACTIONS TO THE VIRTUOUS PROCESS

The day that the central government imposed a 21-hour national shutdown day in the month of
March 2020, all sectors efficiently working changed to the 'WFH' method; nonetheless, for the
public-service sectors, this lockdown created scepticism among the judiciary and quasi-judicial
institutions. where "working from home" was considered to be an unrealistic idea due to court
staff's lack of technological awareness is one cause, but there were also There are hardly many
uninhabited, high frequency places in India. Internet, the state of Jammu and Kashmir is one of
many examples. citizens continue to use the 2G network despite the fact that the rest of the 4G
and 5G frequencies are available in various countries, however, many people are unaware of
these complex technologies. technology, but here's the catch. If any citizen asks for assistance,
get involved in any phishing scheme or other public service supported by the government If there
is any other dark web scam, the government will be responsible for it as well. blame for the harm
done to the residents, as well as for a lack of upkeep of web security. As a result, all of these
factors made it difficult for Lower district courts, family courts, and juvenile justice courts,
among others, should have virtual procedures; perhaps with these difficulties the Lower Despite
the technical difficulties, the courts were able to hold the going online. Now, the question is,
what are all the applications? The court authorities employed and software to ensure the efficient
operation of the online court. According to the Punjab and Haryana Court's administration, for
the gathering of diverse proofs, whether they are documents or witnesses evidence, PGIMER
software was typically used by subordinate courts. which has the capability of video
conferencing, and on the other hand, for routine daily court proceedings, they relied on
platforms, including WhatsApp, WebEx, and Zoom, but the Supreme Court of Software for
video conferencing called VIDYO was available in India. The National Informatics Centre was
the original host of the channel. Among the causes The simple reason for using various platforms
by various courts is Courts' accessibility to the general public; if the justice chooses to complex
hearing systems, then justice will undoubtedly be served. a ridiculous notion for the populace at
trying times like this pandemic. Due to quasi-judicial bodies' abrupt halt pandemic. Technically
and factually analyzing the case, we can see a strange situation that is occurring at the quasi-
judicial level since the courts, like Central Zonal NGT's bench, which often conducted business
and heard cases through Before the epidemic abruptly ended hearings for these tribunals and
courts formed in other countries via video conference, states in India that are classified as having
quasi-judicial functions were founded between the years of 2010 and 2015, which indicates that
the Courtrooms and conference rooms are outfitted with a variety of technological progress, but
despite all these infrastructure improvements courts like the NGT, Railway Claim Tribunals, and
appellate National Consumer Dispute Redressal Commission, Electricity Tribunal and so forth,
halted all ongoing and new processes while the country was in lockdown. which demonstrates a
lack of interest on the part of the justice system. concurrently resulting in a serious violation of
Articles 14, 21, and 38 and 46 of the Indian Constitution, given that the general population has
contributed a significant sum. squandering their tax money as a result of the NGT's hold on
important governmental despite possibly having exponential infrastructure, the project backing.
However, the quasi-judicial court's operations resumed after functioning following the RTI's
completion by an activist and Shailesh Gandhi, a former information commissioner, who
expressed his concern over the quasi-judicial system's proposed route plan Maharashtra's
government supports the return of regular court proceedings. The activist then submitted a PIL to
the Bombay High Court in which he brought up was the problem of how the tribunal and courts
operate. While considering the activist's PIL during the pandemic, the court General
Administration Department (GAD) issued a notification. which mandated the operation of all
quasi-judicial entities in Maharashtra immediately and should swiftly administer justice without
jeopardizing the We may learn some important lessons from all of the aforementioned
circumstances about the parties' health and safety.

Observation:

There has been tremendous pressure on the judiciary to providing inhabitants of the country
with constant access to justice, while addressing the issue of how often issues are resolved by
lower courts were significantly impacted by the sudden countrywide closure of lockdown. The
legal system has significantly altered as a result of this pandemic. In many ways, it encouraged
us to develop and use cutting-edge utilizing technology that will shield the parties from the the
pandemic, but it will also promote transparency and judicial system in India is accountable.
5.4. LITIGATING PARTIES' VIEW OF VIRTUOUS PROCEDURES
There has been a remarkable advancement in the field of artificial A new discipline has emerged
as a result of intelligence, and it somehow managed to so essential to our daily existence that it
has become, and thus evidently, the pandemic showed that each person needed to have the
information and resource that could complement and be of assistance in any circumstance.
Somehow, the coronavirus epidemic has aided the world's courts to choose a forward-thinking
and inventive strategy method of administering justice. This formalization of the judicial The
litigants had criticized and challenged innovation a lot. because of a number of factors, including
the defendant's ease in escaping, due to network problems, privacy issues, and the court's link
disabling Lack of support for attorneys and clients after 30 minutes had passed after the
scheduled time. However, the courts administration was heavily criticized for a "Common
platform for conducting proceedings," which is a requirement, is absent. a pertinent issue
brought up by the parties, it is challenging for parties to consistently the following hearing, move
from one platform to another. This issue is extremely frequent in the proceedings of the
Subordinate courts because various courtrooms within the same courthouse are using a variety of
platforms, some of which includes WebEx video conferencing, Zoom meetings, and WhatsApp
video calling; as a result, this strategy has caused a lot of uncertainty for both the client and the
attorney, particularly at the crucial Case. Another issue that plagues litigants is "The Automatic
Disablement of Call after Time Lapsed," which makes it more difficult for attorneys to comply
with court orders. There have been numerous instances in which judges have called parties to
dictate an order or the date of the next hearing before the call was cut off because the allotted
time had passed. This automated disablement of video conferencing has created a lot of
commotion because there are already plenty of distractions during hearings owing to network
problems. Additionally, this difficulty continues not just until the district courts hear the case, but
also during the quasi-judicial sessions. Similar issues were observed in one of AirAsia's recent
labor court cases, where the judge was reading the order and the conference disconnected,
leading to bewilderment and concern for the clients.

The current court system does, in fact,in India has dealt with and continues to deal with
numerous challenges and is out of date and in tune with the procedures that have been laid out
under Indian legislations. The socially marginalized members of society, such as women,
LGBTQI+, laborers, and others, were particularly affected by this commotion and skepticism
with the administration and were left helpless with their miseries as the accessibility of justice
decreased.

5.5.PANDEMIC EFFECTS ON JUSTICE ACCESSIBILITY

One requirement for a fair and functional judiciary is accessibility, but due to the unique
circumstances brought on by COVID19, this is not always possible. In many instances, the
court's management provided plaintiffs with limited support with regard to accessibility in
courtrooms, which has had a negative impact on the quality of litigation and adjudication in a
courtroom. In addition to this, many courts, including the Supreme Court and High Courts,
operate under extremely strict guidelines, which is partially justified on their part given that
online case hearings could be difficult for judges to oversee due to the possibility that a third
party with malicious intent could enter the courtroom and disrupt proceedings. In addition, due to
the stringent rules and other restrictions, the court has become inaccessible to the weaker
members of society in general. However, even after the court began operating, many attorneys
cited the case of NareshShridharMirajkar&Ors v. State of Maharashtra 108 and expressed
concern that the fact that the virtual Only judges have access to proceedings, which are not open
to the general public.and the councils of the parties' representatives constitutes a grave violation
of human rights and a fundamental right of the citizenry of the nation. On May 2, 2020, the
Supreme Court responded to this worry by issuing a press notice in which they said
expresslybecause "the process of adjudication itself does not require an open court, and open
court hearings cannot be claimed as a matter of an absolute right"."

5.5.1. Justice is accessible to women

One of the primary purposes of adjudication of justice is accessibility, but because of enforceable
conditions like the coronavirus, digitalization of Indian courts has had a significant negative
impact on both the quality of adjudication and the number of domestic violence cases.

Women who work as prostitutes encounter a lot of violence from both their employers and
clients, in addition to the violence experienced by married women. The national commission for
women's data indicate that there have been more domestic abuse complaints than typical during
the lockdown period, a 2.5 fold increase.

108
NareshShridharMirajkar&Ors v. State of Maharashtra AIR 1967, 1 1966 SCR (3) 744.
Unfortunately, other states' legal services were not covered by the definition of "essential
services"; as a result, domestic abuse victims were no longer able to get legal aid, which was a
flagrant violation of human rights. The lack of access to justice during the lockdown left the
women defenseless and helpless in both the public and private worlds. Although, when the
lockdown was eased by the government and courts found online conferencing as a way through
the misery, the accessibility and effective judicial service were brought back on track which was
seen in the case of Krishna VeniNagam v. Harish Nagam109, where the two judges bench who
were dealing with the petition where the parties were seeking for the transfer of the case under
section 13 of Hindu marriage act, 1955, because of different jurisdiction the court acknowledged
the petition and mentioned that “it is appropriate to use video conferencing technology where
both the parties have equal difficulties due to lack of convenience however on the condition that
one or both the parties make a request for the use of video conferencing ”; however in the case of
Santhini v. VijayaVenkatesh110 the court of Honourable Chief Justice of India held that “in
transfer petitions, video conferencing cannot be directed” but in a dissenting opinion Honourable
Justice DY Chandrachud while highlighted advantages of video conferencing for family disputes
stated that ‘family court act, 1984 was implemented during a time period when modern
technology was not advanced which could unable geographically separated parties to
communicate with each other face to face however with the time the advancement of technology
can facilitate this kind of judicial process’, little did they knew that this dissenting opinion will
become 44 reality in future.

5.5.2. Justice is accessible to the LGBTQI+ Community

The coronavirus epidemic widened preconceived notions about this community's members, who
are typically seen as being unique from other individuals. Although the government of India has
passed numerous laws and created numerous programs for people from different social groups,
sadly all of these policies and programs have been ineffective because of the excising 45
discrimination in the community. The precise scenario is evident in the pandemic since no media
outlet has attempted to address the vulnerable state of those who identify as LGBTI+, and we
have been unable to locate any data or reports that would provide us with the concrete facts
about this population, in contrast to what we have discovered about women. This absence of

109
Krishna VeniNagam v. Harish Nagam(WPC-2014).
110
Santhini v. VijayaVenkatesh Transfer petition CIVIL NO. 1278 of 2016.
information on the internet thus demonstrates how society has disregarded the fundamental
requirements of the community and contributed to human rights violations.

5.5.3. Justice is accessible to workers and employees

There is no denying that the daily and weekly wage earners and middle class servicemen who
worked for private service sector enterprises were the worst impacted groups in society as a
result of the statewide lockdown. About 121 million people lost their jobs during the shutdown,
according to new statistics from the Centre for Monitoring Indian Economy, which was
published in the Hindus. These individuals were not given any legal help to protect their
fundamental right to work. In addition to this, the Uttar Pradesh government approved an
ordinance suspending 35 of 38 state labor rules for a period of three years, disregarding the
circumstances of workers and employees. This demonstrates how helpless the workers were
during the lockdown and how many human rights were violated during the epidemic in order to
protect the citizens' health and lives.

It is a fact that India's current judicial system has dealt with and continues to deal with numerous
challenges and is out of date and in tune with the procedures set forth in Indian legislation. As a
result, this abrupt shift has brought about an urgent need to reform laws and obtain new sets of
rules and procedures for the online court settings, which, though they will take time, will
undoubtedly bring accountability and fairness to the judicial system.

5.6. ADMINISTRATION FACES DIFFICULTIES IN DELIVERING JUSTICE

In order to prevent delays and unwelcome stagnation The Indian judicial system is effective at
delivering justice.changed its strategy for conducting judicial hearings from an antiquated
manner to a modern, technologically sophisticated method, and built a very effective virtual
court environment.

It is a known truth that practically every court in India has an electronic filing system, but the
epidemic has doubled the speed of the system.

While the lower courts and quasi-judicial organizations adjusted to the change, they also had to
move quickly but effectively to remedy the circumstances that led to serious violations of human
rights legislation during lockdown111. As a result, the court decided to give defaulting parties who
111
Puneet Singh Bindra, Covid-19: Access to Justice and Stakeholder Legal Integrity
System, BAR and BENCH (April 22, 2020) https://www.barandbench.com/columns/covid-19-
law-system-stakeholder equity and survival.
were acting improperly because of the pandemic's circumstances Ad interim/interim protection.
It is clear from the strategy used by the courtsaround the country that the cases they dealt with
almost immediately upon lockdown concern rulings and decrees that tend to weigh both parties'
interests. both parties in a way that is legally justifiable.

Undoubtedly, the circumstances at the time were unique, making a sense of "empathy" and
"collective belongingness" necessary in order to guarantee the defence of each individual's 50
rights insociety. And this is the strategy that the Indian courts decided to use. When the lower
courts were examining how to establish a video conference facility, for example, that is when the
Apex Court began to take cognizance of the urgent matters. In addition, the High Court of Delhi
declared the corona virus outbreak to be a force majeure in the case of MEP Infrastructure
Developer Limited v. South Delhi Municipal Corporation &Ors112. However, the court made it
clear in its ruling that not every act or failure to perform during COVID-19 qualified.

Similar to this, in several instances involving the payment of salaries, the court again adopted a
fair attitude and instructed the parties to bargain and resolve the discrepancy while taking the
unusual circumstances into account.

The sudden outbreak of illness brought on by the virus not only stopped the operation of the
physical courts but also delayed some significant judicial appointments. As a result, a number of
high court positions across the nation went unfilled, which negatively impacted the judicial
system of the nationand contributed to the pendency of 53 cases during lockdown.

In addition to all these issues, a problem that was observed in the majority of the virtual hearings
was the judges' and attorneys' lack of knowledge with and awareness of the camera-facing
proceedings generally during the hearing of the cases. Another significant issue that was noted
was that the majority of attorneys did not feel comfortable debating when seated, which made it
difficult for the litigants to do so. Additionally, there were insufficient consultations between the
client and the advocate regarding the case's progress; there were numerous occasions when the
court's allotted time ran out, disabling the parties' ability to communicate while the honorable

112
MEP Infrastructure Developer Limited v. South Delhi Municipal Corporation &OrsW.P. (C) NO. 2241/2020.
judge dictated the order or date of the next hearing, which made it more difficult for the attorneys
to coordinate with the administration of courts for the same.

5.7. SUGGESTIONS FOR IMPROVING THE VIRTUAL PROCEEDINGS

Life was briefly stalled and unintentionally stirred up due to the unforeseen viral outbreak that
causes the unusual condition throughout the world. The ethos respect for the law and the notion
of natural justice were difficult to sustain in such a situation, but governments all over the world
took precautions to restore constitutionalism. "There is no looking back, and the way forward
will be a combination of both physical and virtual courts, the new and the old," remarked
Honourable CJI Bobde in a recent conference. Despite the Indian judiciary's accomplishments,
there are still several areas that could use improvement, including the following:

5.8.ACCESS BY LITIGANT TO THE ADJUDICATORY MECHANISM

5.8.1.imperatively reasonable
There is no denying that moving courts to virtual conferencing was one of the safest steps the
judiciary could have made to protect constitutionalism. However, the administration mistakenly
believed that everyone in the country had "Access to Internet," which is incorrect and leaves
people in particular parts of the country without access to justice 113. In order to address this issue,
the court can hear phone call cases that have been tested in several western nations, including
Europe.

5.8.2.case categorization
Inadequate guidelines regarding which cases should be treated as "urgent" was one of the major
drawbacks of virtual courts that contributed to the needless piling of cases. As a result, many
cases involving discrimination against people based on their religion, their employment status, or
their gender went unnoticed because each court had its own definition of what constitutes an
urgent case.

5.8.3.a common and safe platform for judicial service is established

It is time for the judiciary to establish a common platform for online adjudication that could also
ensure the privacy of the parties and is controlled by Indian syndicate. Due to all the haste and
commotion, the courts shifted to various conferencing platforms for the adjudication, but this
caused a lot of hustle and confusion for the litigants.

113
Judiciary in Times Of Covid-19 Outbreak, CIVIL DAILY (August, 2022) https://www.google.
com/amp/s/www.civilsdaily.com/burning-issue-judiciary-in-times-of-covid-19-outbreak/amp/
 CHAPTER- 6

CONCLUSION AND SUGGESTION

The pandemic has created a sizable number of challenges for the institution that administers
justice. Due to the limits and safety measures put in place to stem the virus's spread, court
procedures have been interfered with, trials have been delayed, and many people's access to
justice has been impeded. Despite the unique conditions we are currently facing, the court system
has shown resilience and adaptability by finding alternative ways to ensure that justice is served.

The pandemic has significantly changed how justice is administeredis delivered, including
delays, changes to protocol, and the introduction of novel strategies to maintain the integrity of
legal processes. Here are a few crucial components of justice delivery amid the pandemic. Court
Limitations and Closures numerous courts had to either close or function at reduced
capacitythepropagation of the virus must be stopped. This caused significant backlogs and delays
in the execution of justice by pushing hearings, trials, and other legal actions forward. Virtual
proceedings and remote hearings Many jurisdictions made the move to remote hearings and
virtual proceedings to lessen the effects of court closures. Hearings were conducted using online
platforms and video conferencing capabilities, allowing judges, attorneys, and parties to
participate from a distance. While this strategy allowed judicial proceedings to continue, it also
brought issues with connectivity, technology, and ensuring the fairness of the process.Putting
urgent cases first Courts had to give priority to urgent cases concerning issues such as public
health, safety, and constitutional rights due to the pandemic's limited resources and capacity. Due
to this priority, non-urgent cases were further delayed, which had an effect on how quickly
justice was served to the parties concerned.

Managing cases and reducing backlog to control the backlog of cases, the courts took a number
of actions. As part of this, specialist teams were formed, court sessions were increased, working
hours were increased, and administrative procedures were made more efficient by means of
technology.To reduce the strain on the courts, alternative dispute resolution techniques including
mediation and settlement conferences were encouraged.Safety precautions and health guidelines
To ensure everyone's health and safety, courts have to put health and safety procedures in place.
This required enforcing social seclusion, mandating masks, erecting safety barriers, and putting
in place sanitary procedures. These safety measures were necessary to protect the judges,
attorneys, staff members, and spectators at court hearings. Adoption of cutting-edge technologies
the pandemic forced the legal system to adopt modern technology. Digital signatures, online case
management tools, and electronic filing systems have all become commonplace among courts
and legal professionals. These developments not only made it easier to administer justice during
the pandemic, but they may also improve effectiveness and accessibility in the long run.

While the epidemic has posed considerable obstacles for the administration legal system's
administration of justice adaptability has been demonstrated through its use of technical solutions
and distant sessions. While addressing the backlog of cases brought on by the pandemic, it is
critical to keep researching and putting into practice ways that strike a balance between the need
for everyone to have access to justice and their safety. A noteworthy change that came about as a
direct result of the outbreak was the quickening of the adoption of new technological
developments in the legal system. The usage of electronic document filing, virtual hearings, and
online case management systems has all become essential components in streamlining the court
process. In addition to increasing efficiency and lowering costs, the shift to a digital model has
also made the legal system more accessible to persons who might otherwise be restricted by their
location or physical capabilities. There are still problems that need to be fixed despite the great
progress that has been made.

The decision to hold hearings remotely have highlighted problems with unequal internet
connectivity and access to technology, both of which have the potential to disproportionately
damage communities that are already marginalized. Actions must be made immediately to close
the digital divide and ensure that regardless of status, everyone has equal access to the legal
system socioeconomic status. Additionally, a successful plan is needed to handle the backlog of
cases that resulted from the pandemic. The courts must employ strategies including giving
precedence to cases regarded to be of the utmost significance, enhancing judicial resources, and
alternative dispute resolution procedures in order to decrease the burden placed on the legal
system and hasten the process of settling pending cases. The fundamental premise that everyone
should have the opportunity to have their case heard by a judge. It is impossible to withhold this
information from the broader public, and justice should be available on an equitable basis to all
segments of society. To survive the epidemic condition and prepare ourselves for the future,
virtual courts are the way to go forward. After hearing all of the reasons for and against virtual
courts, it would not be incorrect to state that opportunities outweigh the obstacles if we take all
of the required steps to make our virtual court system a better service. If we do this, it would not
be wrong to say that opportunities outweigh challenges. The stacking up of files, the travel costs
spent by the litigants and the lawyers, and the potential for the beginning of the justice-based
system the quickest could all be mitigated by this. The challenges that are experienced by
lawyers can be overcome with the appropriate training. Everyone is going to have to adjust to the
new standard, which is going digital. The question now is, how can we find solutions to the
problems that the digital world presents? To prevail over the difficulties, all of us need to do is
stick together. Technology can only point us in the right direction and provide support; the actual
action is still up to us. The situation is analogous to that of a young child who must overcome the
challenges of learning to walk for the first time on the floor, yet he or she must learn to walk
despite the difficulties.

6.1. SUGGESTIONS

To ensure the management and application of information and communication technologies

(ICT), the government should put in place a strong infrastructure that adheres to the
fundamentals of good governance and supports the government's policy objectives for the
administration of justice and ensuring that it is accessible to all facets of society. Consistency in
policy is crucial and unavoidable if the justice delivery system is to continue to grow sustainably.
By having access to innovations and collaborations, this can be achieved.

Some instances of potential mandates are as follows:

 Alternative dispute resolution (ADR), which is not limited to business contracts, could be
replaced by a provision for online dispute resolution (ODR) or a virtual hearing.
 Unattested affidavits could also be accepted, but only if a Unattested affidavit is
submitted as quickly as feasible once the situation has returned to normal.
 The value of educational and training initiatives,People need to be aware of both because
they haven't even been exposed to ADR or ODR. People must be made aware of the
advantages of alternative dispute resolution (ADR), which may be the only type of
conflict resolution that is still effective in the midst of the epidemic. People should have
greater access to educational opportunities, including those provided by the Institution of
Arbitration and Mediation, that instruct them on the nation's arbitration, mediation, and
conciliation procedures.

Other possible actions include the ones listed below:

 Only judicial officers and court staff personnel should receive training. It's possible that
access will also be given to legal experts. The bar councils, courts, government,
institutional authorities, attorneys, and other interested parties must have worked together
in a determined effort for it to happen.
 The ethical code must be strongly emphasized, and no one should be permitted to speak
over another person while they are talking. It's crucial to simplify things for the judges as
well. It is essential to impose rules and a code of behavior that calls for treating everyone
 with respect.It is necessary to publish the proceedings' transcripts. Only the verdicts are
being uploaded at this time. Additionally, the transcripts and files might be made
available in a machine-readable manner and made available to the general public.
 The Pandemic has placed significant barriers in the way that justice is delivered. The
restrictions and safety measures put in place to stem the virus's spread have disrupted
court proceedings, which has resulted in delays and restricted access to justice.
 The justice system, on the other hand, has demonstrated its adaptability and resilience by
utilizing technology and other strategies to make sure that justice is carried out. A key
factor in the court system's capacity to continue operating normally throughout the
pandemic has been the adoption of technology, including as online case management
systems and virtual hearings.
 This digital transformation has increased accessibility to justice, especially for those who
are constrained by their location or their physical limitations, in addition to increasing
efficiency and lowering expenses. It has given a way to continue judicial proceedings and
to settle disputes during a period when it has been challenging to be physically present.
Despite this, challenges persist.
 Inequalities that may disproportionately impact already marginalized communities have
been made clear by the "digital divide," unequal access to technology and internet
connectivity, and other differences. It is critical that steps be taken to close this gap and
make ensuring that everyone gets equitable access, regardless of socioeconomic statusto
the judicial system. Resolving the cases that fell behind during the pandemic is among
the most crucial tasks that need to be completed. The courts must employ strategies
including giving urgent cases first priority, adding more judicial resources, and using
alternative dispute resolution procedures in order to lessen the strain exerted on the legal
system and hasten the process of resolving open cases. The mistakes made during the
epidemic ought to be used as a starting point for future preparation and modifications to
the way the legal system functions. Making investments in digital infrastructure, legal
professional training and capacity building, public awareness campaigns, and
collaborative efforts among stakeholders is essential for a more resilient and inclusive
judicial system. In general, the epidemic has served as a catalyst for innovation and
 improvement within the justice delivery system, although facing significant difficulties.
Despite the fact that it has created considerable difficulties, this is the reality.
 If the court system embraces technology, addresses inequities, and adopts successful
ways, it may become more resilient and better equipped to handle upcoming crises.
Additionally, this would ensure that everyone could access the legal system.

BIBLIOGRAPHY
A.BOOKS

 A.L. Basham, The Wonder that was India, Sedgwick and Jackson, London,1967,p.47.
 Abhishek M. Singhvi, Beating The Backlog: less Talk, More Action, Supreme Court
Cases, Vol. 2, part-4, 2007.
 Albert. R. Robeht, Helping Crime Victim, Sage Publication, New Delhi,1990.
 Al-Feel, Ali Adnan, Right of the defendant: A speedy trial in the criminal proceedings,
April, 108, 2002.
 AmarjitMahajan, Indian Policemen, Deep and Deep Publication, New Delhi,1982.
 AmrendraMohanty and NarayaanHazary, Prison Administration in India, Sage
Publication, Delhi, 1989.
  Andrew Ashworth, Criminal Process: An Evolution Study, Oxford University Press, New
York, 1998.
 Arora B.L. (2006): Law of Speedy Trial in India, First Edition, Universal Publishing Co.
New Delhi.
 Ashok K. Desai, “Assaults on the Judiciary”, Economic and Political Weekly
 “Public Prosecution – Need for Reform” by BikramjitBatra, July 2005
 “The Police in India” by M B Chande, 1997
 “Strengthening the Prosecution System” by N R MadhavaMenon, July 2008
 Justice V S Malimath Committee Report on Criminal Justice System, March 2003

B. WEBSITES

 http://doj.gov.in/sites/default/files/userfiles/Vacancy_(1.06.2016).pdf
 http://indiagovernance.gov.in/news.php?id=526,
 http://timesofindia.indiatimes.com/india/India-to-have-15-crore-pending-cases-by2040-
report-says/articleshow/18054608.cms
 http://www.courts.go.jp/english/judicial_sys/Court_System_of_Japan/index.html#01
 http://www.courts.go.jp/english/vcms_lf/2017-STATISTICAL_TABLES.pdf
 http://www.supremecourt.gov.bd/resources/contents/Annual_Report_2014.pdf
 http://www.supremecourtofindia.nic.in/pendingstat.htm,

C. ARTICLES

 Anand, Dr. Justice A.S., Judicial Review-Judicial Activism-Need for Caution, 42 JILl
(2000) Page 149
 Anand, Dr. Justice A.S., Judicial Review-Its Content-Its Reach, AIR 2000 Joumal161
 Anand, Dr. Justice A.S., Protection of Human Rights-Judicial Obligation or Judicial
Activism, (1997) 7 SCC (Journal) 11
 Chatteijee, Bimal Kumar, A Quest for Judicial Reform, AIR 2001 Journall77
 Chaturvedi, Swarupa, Right to Educate and be Educated under Indian Constitution, IBR
Vol. XXX(4) 2003, Page 557
 Das, HridayaBallav, Legal Aid, Rule of Law and Social Justice, AIR 2004 Journal374
 Despande, Justice V.S., Standing and Justiciability, 13 llLI (1971) Page 153
 Dharmadhikari, Justice D.M., Nature of Judicial Process, (2002) 6 SCC (Journal) 1
 Prasad, Kameshwar, HIV/AIDS and Right to Privacy, IBR Vol. XXXII (3 & 4) 2005
Page 511
 Rahi, Dr.Malkit S., Judicial Activism and Judicial Restraint, AIR 1999 Journal44