New Delhi: The long-standing issue of judicial reforms in India has taken a new turn with the Supreme Court issuing notice to the Union Government on a PIL filed by Ashwini Upadhyay, advocate of the Supreme Court and spokesperson of BJP Delhi.
Speaking on his PIL Upadhyay said, “Judicial Reform is not only necessary to secure fundamental right of fair trial and speedy justice to every citizen under the Article 21 of the Constitution but also essential to control the prevailing corruption, crime, casteism and communalism.”
In his petition, the petitioner has prayed for double the number of judges as recommended by the Law Commission in its 245th report. The Union government and State governments had agreed to double the number of judges in the Chief Justices and Chief Ministers Conference 2013. The petitioner has also prayed to expedite the long pending judicial reform as recommended by the Law Commission in its various reports since 1986.
The Law Commission submitted its 116th Report to the Union government on 27 November 1986 on the topic of ‘Formation of an All India Judicial Service’ and recommended to start the Indian Judicial Service exam similar to the IAS in accordance with Article 312 of the Constitution to attract the best talent in the Judiciary.
In its 221st report submitted to the Union government on 30 April 2009 on the topic of ‘Need for Speedy Justice’ the Law Commission recommended necessary amendments in the Civil Procedure Code, Criminal Procedure Code and Evidence Act.
The 230th Report submitted to the Union government on 05 August 2009 by the Law Commission was on the topic of ‘Reform in the Judiciary’. It recommended important measures to ensure fair trial and speedy justice for all the citizens.
Additionally, the Law Commission also touched on the topic of ‘Arrears and Backlog: Creating Additional Judicial Manpower’ in its 245th Report to the Union government on 07 July 2014. It recommended doubling the number of judges in order to ensure fair trial and speedy justice to the citizens.