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Harish Salve Calls for Judicial Reset Over Delays and Accountability

Harish Salve Calls for Judicial Reset Over Delays and Accountability
India's Top Jurist Harish Salve Calls For ‘Reset’ In Judiciary, Flags Delays, Appointments And Accountability At Ram Jethmalani Memorial Lecture · republicworld.com

Harish Salve said India’s justice system needs a fresh start.

He believes courts must be independent, but independence also depends on judges’ honesty and courage.

He warned that cases taking many years can make people lose faith in courts.

He said India has about 60 million pending cases and too few judges.

Salve questioned a system in which judges mainly choose other judges.

He called for appointments to be open and transparent.

He also said courts should not routinely take over the work of government agencies or lower courts.

He warned that social media can replace careful discussion with misleading short messages.

Finally, he said faster commercial justice could help attract investment and support economic growth.

Key facts

Pending cases
Salve cited approximately 60 million pending cases across India’s judicial system.
Trial-court burden
He said more than 80% of pending trial-court cases are criminal matters.
Judge strength
He said sanctioned judicial strength is close to 22%, while actual strength is about 15%.
Judges per population
He recalled that the Supreme Court had advocated 50 judges per million people.
Appointments
Salve called for transparent, open judicial appointments and an institution capable of enforcing accountability.
Commercial justice
He said concerns about commercial dispute resolution hinder foreign investment in India.
Institutional reset
Salve argued that institutions periodically need to refresh themselves, citing changes after the Emergency and reforms abroad.

Quotes

Harish Salve

Senior Supreme Court advocate and former Solicitor General of India

“What imparts independence to the judiciary is not constitutional provisions which put you beyond reach.”
republicworld.com
“Justice should not be done, but should be seen to be done.”
republicworld.com

Sources

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