Ailing legal system and woes of the public
- Hueiyen Lanpao Editorial :: March 29, 2012 -

Judiciary, as we all know, is one of the three arms of the state (the other two being Legislature and Executive), and its independence and effectiveness defines the true character of a democracy.

In such a backdrop, it is sad commentary on the existing judicial system in Manipur to learn that shortage of judges has crippled deliverance of justice, affecting not only the people who are facing civil and criminal cases but also the advocates handling these cases.

Out of the total 34 sanctioned posts of Grade-I, Grade-II and Grade-III officers under Manipur Judicial Services (MJS), it is said that 13 posts are still lying vacant.

These include the post of District and Session Judge (Manipur East), Fast Track Court (Manipur East), Deputy Registrar of Gauhati High Court (Imphal Bench), Civil Judge (Senior Division), Chief Judicial Magistrate (CJM) of Ukhrul, Imphal, Churachandpur, Bishnupur, Administrative Officer, Transport Magistrate, Judicial Magistrate First Class (JMIC) of Chandel, Senapati and Tamenglong.

Currently, the posts of District and Session Judges (Manipur East and Manipur West), Additional District and Session Judges (Manipur East and Manipur West), Presiding Officer of Revenue Tribunal, Judge of Family Court, Special Judge of ND&PS and Registrar of Gauhati High Court, Imphal Bench are in the charge of Grade-I officers who are also responsible for the functioning of Fast Track Courts of Manipur East and Manipur West.

With possibility of instituting three more Fast Track Courts in the state, an additional appointment of three Grade-I officers would be required amidst all these shortages.

The problem of shortage of judges affecting the judicial system may not be a phenomenon experienced in Manipur alone. In fact, it has been reported that out of the 895 sanctioned posts of Judges in 21 High Courts of the country, 291 are lying vacant. Similarly, the posts for as many as 3170 Judges are vacant in the lower courts.

Himachal Pradesh High Court is the only High Court which does not have a single vacant post of a Judge and the maximum number of 94 vacancies for Judges is at Allahabad High Court, which has a sanctioned strength of 160.

As a fallout, a total of 72,58,302 cases relating to crimes including murder, rape and riots, etc and registered for offences under Indian Penal Code (IPC) are pending before law courts in 28 Indian states and seven Union Territories at the end of last year, as per a report of the Ministry of Home Affairs.

The burden of shortage of judges has been felt all the more in lower courts where more than 3 crore cases pending.

Considering the volatile situation in Manipur, where crimes of various sorts, which are even unheard of in other parts of the country, are happening, there is an urgent need to strengthen existing legal system for meaningful administration and deliverance of justice to the people.

As a matter of fact, many experts are of the opinion that there is no better test of the excellence of a government that the efficiency of a judicial system.

So, in absence of judges to redress the grievances of the plaintiffs who come knocking at the door of law court, what is the point of setting up courts?

At least, we do not know.