Role of the Bar and Bench in building public trust in the judiciary
Source:The Hindu ↗
Why It Matters
The article provides valuable insights into the functional dynamics between the Bar and the Bench, emphasizing their joint responsibility in building public trust and ensuring effective justice delivery. This perspective is useful for GS Paper 2 (Judiciary) and GS Paper 4 (Ethics in public institutions).
Summary
Supreme Court Judge Surya Kant underscored the vital role of the judiciary in instilling public confidence, likening court complexes to hospitals where litigants seek remedies. Speaking at the foundation-laying ceremony of a new court complex in Tirupati, he stressed that the Bar and the Bench are complementary forces rather than rivals. He noted that a robust Bar Association is essential for producing high-quality arguments, which in turn enable judges to deliver comprehensive and clear judgments.
Key Points
- Supreme Court Judge Surya Kant emphasized that courts must act like hospitals where litigants feel secure and confident of receiving justice.
- He highlighted that the Bar and the Bench are not rivals but two arms of the same institution, sharing equal responsibility in the justice delivery system.
- A strong and competent Bar Association is crucial, as well-researched arguments stimulate judges to analyze deeply and write clear, well-reasoned judgments.
- The remarks were made during the foundation stone-laying ceremony for a new court complex in Daminedu, Tirupati.
Important Terms
Supreme Court of India
The apex judicial body in India's integrated system, serving as the final interpreter of the Constitution and the protector of fundamental rights.
UPSC context
GS II: Judiciary; tests knowledge of constitutional provisions (Articles 124-147) and the court's role in upholding the Rule of Law.
Judicial Infrastructure
The physical, digital, and human resources required for court functioning, such as courtrooms, video-conferencing facilities, and libraries, essential for reducing case pendency.
UPSC context
GS II: Structure and Functioning of Judiciary; central to discussions on judicial reforms and the proposed National Judicial Infrastructure Authority.
Bar and Bench
A metaphor representing the symbiotic relationship between advocates (the Bar) and judges (the Bench) as equal partners in the administration of justice.
UPSC context
GS II: Judiciary/Ethics; emphasizes the collaborative role of legal professionals in ensuring high-quality judgments and public confidence.
Bar Association
An autonomous professional body of advocates that regulates legal practice, maintains ethical standards, and assists the judiciary through expert legal arguments.
UPSC context
GS II: Statutory Bodies/Judiciary; relevant for the role of stakeholders in enhancing the quality of justice delivery.
Access to Justice
The ability of citizens to seek and obtain a remedy through formal or informal institutions of justice for grievances in compliance with human rights.
UPSC context
GS II: Governance/Social Justice; relates to Article 39A (Free Legal Aid) and the efficiency of the judicial system.
Prelims Trap
Infrastructure for subordinate courts is entirely funded and managed by the respective State Governments.
While state governments hold primary responsibility, the Union Government shares the financial burden through a Centrally Sponsored Scheme to augment subordinate court infrastructure.
Static Concepts Connected
How is the infrastructure for Subordinate Courts funded in India?
- Primary role: State Governments are fundamentally responsible for developing and maintaining the infrastructure of the subordinate judiciary.
- Union assistance: A Centrally Sponsored Scheme (CSS) augments state resources, typically sharing costs in a 60:40 ratio (90:10 for North-Eastern and Himalayan States).
- Scheme scope: The funds specifically cover the construction of court halls, digital computer rooms, and residential accommodations for judicial officers.
What is the constitutional mandate for Equal Justice and Free Legal Aid?
- Article 39A: Inserted by the 42nd Constitutional Amendment Act (1976), it directs the State to ensure justice is not denied due to economic or other disabilities.
- Statutory backing: The Legal Services Authorities Act, 1987 was enacted to give statutory backing to this directive, establishing NALSA.
- Institutional mandate: It establishes a constitutional obligation to create a barrier-free, citizen-friendly environment where litigants feel secure.
Cross-Topic Patterns
E-Courts Mission Mode Project
Physical infrastructure upgrades are increasingly coupled with Phase III of the E-Courts project, bridging GS2 judicial reforms with GS3 digital public infrastructure.
Empathy in Public Institutions (GS4)
The analogy of courts as 'hospitals for legal remedies' serves as excellent fodder for GS4 answers on institutional empathy, citizen-centric administration, and public trust.
Expect a GS2 Mains question linking judicial infrastructure deficits to case pendency and the efficacy of the National Mission for Justice.
Linked PYQs · 2
Linked PYQs · 2
- 2023MainsGS2
“Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment.
- 2024MainsGS4
“The 'Code of Conduct' and 'Code of Ethics' are the sources of guidance in public administration. There is code of conduct already in operation, whereas code of ethics is not yet put in place. Suggest a suitable model for code of ethics to maintain integrity, probity and transparency in governance.”
