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Law Ministry said that despite approved positions for High
Court judges, there is a 15% shortfall in the number of
judges in higher courts leading to delays in hearings even
in high profile cases that sometimes extend beyond 7 years.
Population increases, rise in income levels, and
accessibility of courts to the common man have essentially
worsened the situation with the number of cases rising by
50% before Supreme Court and by 30% in High Courts. After
the shameful exist of Justice Ramaswamy from the Supreme
Court, the judiciary is very careful to ensure that corrupt
judges or those sympathetic to political parties do not
occupy positions of power. Furthermore, the increased
tensions with the legislative accentuated by current Speaker
Somnath Chatterjee have increased fears of a broader agenda
by the Legislative to subvert the judicial process for
political gain. What India needs is an independent judicial
council, separated from the legislature and do not consume
the time of serving judges, which can perform backend
investigative and screening processes and recommend or
reject names that can be considered by the normal review
process.
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