Sankalp Integrated Mains Program

GS Paper II Day 01 Model Answer

Q1. The Indian criminal justice system is suffering from various impediments
that need urgent reforms. Comment (10 marks 150 words)

Introduction
The criminal justice system in India is composed of three main components: the police, the
judiciary, and the correctional system. The police are responsible for investigating and
apprehending criminals, and for enforcing the law. The judiciary is responsible for ensuring
trials are conducted fairly and that justice is served. The correctional system is responsible for
rehabilitating offenders and preventing them from committing crimes in the future.
Impediments and need for urgent reforms:
● Pendency of Cases: In a recent written reply of the Law Minister in Rajya Sabha in
December 2022, the total pending cases in the country is about 4.92 crore.
● Huge Undertrials: More than three-fourths of India’s jail inmates are undertrial
prisoners, according to data released by the National Crime Record Bureau 2022
data. Out of the 554,034 prisoners, 427,165, or 77 percent, were undertrials in 2021.
This was a 14.9 percent increase from 371,848 undertrials in prison in 2020.
● Laws & Treaties: The rule of law enshrined in the IPC, 1861 was more about the
sovereignty of the British state than the rights of the people of India.
• Further, the IPC as well as the CrPC, since their inception, have been
subjected to a very limited number of amendments as a result of which
they fall short of capturing changes that have taken place in
the complexion of crime and criminal justice dispensation
• Political Interference: Political influence and interference in the criminal justice
system is one of the major issues in the poor functioning of CJS.
• Lack of Sympathy: the police are lacking in showing sympathy in registering genuine
complaints especially if the victim is a weaker section and the offender belongs to
influential background.
• Resource scarcity: Shortage of Human resources: As of March 2023 police-public
ratio in the country stood at 152.80 per lakh persons against the UN
recommendations of 222 police personnel.
• Weaponry: The police machinery is still using obsolete and outdated
weapons.
• Mobility: Shortage of police vehicles compromises the swiftness of action and
increases the response time of the police force.
• India has 19 judges per 10 lakh people on average.
 • Communication networks: In an era of ICT, there are many police stations in the
country that have neither telephones nor wireless sets. e. Poor recruitment and
training process: The recruitment and training process of lower-level police
personnel, especially from the Lowest
• constabulary level to the Sub-Inspector level, is mainly focused on physical
strength while other more essential skills like forensics, law, cyber-crime, and
financial frauds are either ignored or put on the back burner.
• Underutilization of funds: The BPR&D data and the GAG (Comptroller and Auditor
General) highlighted the underutilization of funds allocated under the
Modernisation of Police Forces (MPF) Scheme.
• Overcrowding in Prisons: prison population has dramatically increased and as of
July 2022 over 6,22,585 prisoners are crammed in the same space meant for
4,03,739 people in 1,378 prisons. This means the prison occupancy rate in the
country is over 155%.
• Ineffectiveness: The purpose of the criminal justice system was to protect the
rights of the innocents and punish the guilty, but nowadays the system has
become a tool for harassing common people.
• Colonial Legacy: The criminal justice system- both substantive and procedural- are a
replica of the British colonial jurisprudence, which was designed with the purpose
of ruling the nation
• According to the Malimath Committee report, the existing Criminal justice system
“weighed in favor of the accused and did not adequately focus on justice to the
victims of crime.

Measures needed
● Update Penal Code according to societal needs/changes.
● Divide it into sections, like social, correctional, and economic offenses. Create Indian
Penal Code for serious cases. Reform the police process, improve court systems with
technology, and limit appeals.
● Reducing Judicial Pendings: It is very essential to reduce judicial pendigs via speedy
trials and disposing off cases in time bound manner.
● Victim centric: The system should be victim-centric to ensure that the victims
get justice. The victim should get a chance to put forth his case and quick
completion of trials is needed to ensure that they do not lose faith in the
system.
➢ Even the 268th Law Commission report has stressed victims right’s right
to participate in the grant or cancellation of bail.
● Judicial Reforms: According to the Justice Report 2020 report India has 1 judge
for every 50000 people.
➢ Filling up judicial vacancies aka Increasing independence of prosecutors.
➢ Improving coordination between investigation and prosecution wings.
➢ Litigation management.
 ➢ Plea-Bargaining.
➢ Digitization of Cases.
➢ Institutionalising All India Judicial Service.
● Prison reforms: Reforming the property-based bail system, provision of proper legal
support to remove the problem of undertrials, and improvement of prison
conditions are needed.
➢ Thus, India needs to reform its archaic system to incorporate more efficient
practices like restorative justice, plea bargaining, etc. that will ensure a more
robust criminal justice system.
● Promoting alternative dispute Resolution: There should be a mandate that all
commercial litigation will be entertained only if there is an affidavit from the
petitioner that mediation and conciliation have been attempted and have failed.
● Malimath committee has recommended many reforms which need to be
implemented.
● Restorative Justice: Identification of the rights of the victims should be given major
focus in reforms of the criminal justice system.
● Institutional Measures: Reforms in methods of crime investigation, rationalization
of the court system by application of technology, In the Prakash Singh VS Union of
India case SC directed Union territories and states directed to comply with seven
binding directives that would kick start reform.
Some of the following measures are taken:
● Initiatives like the National Mission for Justice delivery and legal reforms,
AI portal SUPACE, and Modernization of the police system have been
introduced by the government.
Conclusion
The reforms should not only make Criminal Justice System more efficient but also be
sensitive to both the innocent and the needs of the law enforcing officers. Our policymakers
need to focus on reformative justice in order to bring all-around peace to society.

Additional Information:
Pillars of the Criminal Justice System
Legal Framework
● Parliament-IPC, CRPC State legislative Assemblies
● International Treaties & Extradition
 • Enforcement
• Union Police- CBI, ITBP, CISF
• State Police Indian Police Act, 1961 and Respective state Police laws as
Police is a State Subject
• Prosecutors
• Their job is to see, in the whole procedure of arrest to investigation
& trial, whether the law was followed or not.
• Adjudication
• Supreme Court
• High Court
• Subordinated Courts
• Corrections
• PRISONS for adults (Though a state subject but Ministry of
Home Affairs provides guidelines.)
• Juvenile Justice Boards of Child Welfare Committees for less than
18 years

Objectives to CJS
• Prevent crime and allow for a peaceful or law sliding society.
• Uphold/enforce the law and protect society from harm, especially society's most
vulnerable members.
• Deal with those who commit or are accused of committing acts outside the legal
boundary.
• Have Legally established courts to accomplish the task of imparting Justice. 5.
Provide the accused person a fair chance to prove their innocence and avoid
a potential miscarriage of justice.
Approaches to CJS
• Deterrence: The imposition of criminal punishment deters people from
committing crimes, then the general public can enjoy a greater sense of
safety and security. Ex: Life Imprisonment, Death Penalty, etc
• Retribution: i.e Every individual who has committed a wrongful act, has done
so based on a rational and conscious decision
• Justice would be to provide them with punishment in proportion to the
severity of the crime.
• Incapacitation: prevents future crime by disabling or restricting the offender's
liberty, movements, or ability to commit a further wrong. Ex: curfews, house
arrest, etc
• Rehabilitation: i.e. punishment prevents future crime by reforming the individual
offender's behavior. Ex: Section 48 of Juvenile Justice Act (JJ Act) 5. Reparation
aka Restorative: i.e. crimes should be corrected by requiring that offenders
make amends to victims to repair the wrong that they have

done. Also, making it victim-centric by providing restitution and

compensation to victims, their families, or communities

Stakeholders
• Accused: The person in conflict with the law is one of the center points in QS.
Among other things, a sound QS system shall ensure that the accused is
aware of his/her rights, and the doctrine of "innocent until proven guilty"
shall be followed in practice.
• Victim: A victim's stake lies in fair, transparent, and timely justice
delivery. Also, access to an advocate and victim's compensation are the
points of discussion.
• Witness: Witnesses are the eyes and ears of the criminal justice system. They
must be protected both from the accused and the cumbersome
legal processes. In some sensitive matters like crimes against women,
their identity has to be kept confidential.
• Society: The end goal of a sound QS is the evolution of the society towards a
civilized one, where not only law and order but social capital is also
well maintained.
Prakash Singh Case Judgement
● Fixing the tenure and selection of the DGP to avoid situations where officers
about to retire in a few months are given the post.
● In order to ensure no political interference, a minimum tenure was sought for the
Inspector General of Police so that they are not transferred mid-term by
politicians.
● Postings of officers should be done by Police Establishment Boards (PEB)
comprising police officers and senior bureaucrats to insulate powers of postings
and transfers from political leaders.
● Set up State Police Complaints Authority (SPCA) to give a platform where
common people aggrieved by police action could approach.
● Separate investigation and law and order function to better improve policing.
● Set up State Security Commissions (SSC) that would have members from civil
society. Form a National Security Commission.

Malimath Committee Recommendations:

● Borrowing from the inquisitorial system Suggested borrowing features from the
inquisitorial system of investigation practiced in countries such as Germany and
France. b. In this system, a judicial magistrate supervises the investigation.
● Right to silence: The panel recommended a modification to Article 20 (3) of the
Constitution that protects the accused from being compelled to be a witness
againsthimself/herself.
● Rights of the accused: Schedule to the Code should be brought out in all
regional languages so that the accused becomes aware of his/her rights,
how to enforce them, and the authority to approach in case of denial.
● Presumption of innocence: The courts follow “proof beyond reasonable
doubt” as the basis to convict an accused in criminal cases. This, the
committee felt, gives a “very unreasonable burden’” on the prosecution and
hence suggested that a fact be considered as proven “if the court is
convinced that it is true” after evaluating the matters before it.
● Justice to victims of crime: The victim should be allowed to participate in
cases involving serious crimes and also be given adequate compensation.
● If the victim is dead, the legal representative shall have the right to
implement himself or herself as a party, in case of serious offenses. c. The
State should provide an advocate of the victim’s choice to plead on his/her
behalf, where the state bears the cost.
● Victim compensation is a State obligation in all serious crimes. e. The Victim
Compensation Fund can be created under the victim compensation law and
the assets confiscated in organized crimes can be made part of the fund.
● Police investigation: The Committee suggested the separation of the
 investigation wing from Law and Order.
● Recommended setting up of a National Security Commission and State Security
Commissions.
● Additional SP in each district to maintain crime data, organization of specialized
squads to deal with organized crime, and a team of officers to probe inter-State
or transnational crimes.
● Setting up a Police Establishment Board to deal with posting, transfers, and so
on.
● The Committee suggested police Custody be extended to 30 days and an
additional time of 90 days be granted for the filing of charge sheets in case of
serious crimes.
● Dying declaration: Committee favored dying declarations, confessions, and
audio/video recorded statements of witnesses to be authorized by law.
● Public prosecution: It suggested that a new post, Director of Prosecution, be
created in every State to facilitate effective coordination between the
investigating and prosecuting officers under the guidance of the Advocate
General.
➢ The appointment of Assistant Public Prosecutors and Prosecutors made
through competitive examination.
➢ Not to be posted in their home district and the places where they were
already practicing.
● Courts and judges: The National Judicial Commission must have clear
guidelines on precise qualifications, experience, qualities, and attributes for a
good judge.
● The higher courts should have a separate criminal division consisting of judges
who have specialized in criminal law. Suggested that every court keep a record
of the timestamps.
● Trial procedures: It suggested that cases in which punishment is three years
and below should be tried summarily and awarded punishment.
● Witness protection: Committee batted for a strong witness protection
mechanism. Witnesses should get their allowances on the same day, with
proper seating and resting facilities, and be treated with dignity.
● It suggested enacting separate witness protection laws be enacted akin to the
one in the United States.
● Vacations for the courts: Recommended reducing the period of vacation by 21
days, keeping in mind the long pendency of cases.
● Arrears Eradication Scheme: ‘Arrears Eradication Scheme’ to tackle cases that
are pending for more than two years. Cases are to be settled through Lok
Adalats on a priority basis and be heard on a day-to-day basis.
● Sentencing: Favour of a permanent Statutory Committee to prescribe
sentencing guidelines. Pregnant women and women with children below seven
years old can be kept under house arrest instead of being lodged in prison,
keeping in mind the future life of the child.
➢ In cases where the interest of society is not involved, the law should
favor settlement without trial as recommended by the Law Commission.
 ➢ The Indian Penal Code has to be reviewed to enhance, reduce or apply
alternative modes of punishment keeping in mind new and emerging
crimes.
● Reclassification of offenses: Committee recommended classifying offenses as
social welfare code, correctional code, criminal code, economic, and other
offenses code.
● Organized crime and terrorism: Though crime is a State subject, a central law is
to be enacted to deal with organized crime, federal crimes, and terrorism.
Department of Criminal Justice must be established to appraise procedural and
criminal law.
● Economic crimes: The Committee suggested that sentences for economic
offenses not run concurrently, but consecutively. Law to be enacted to protect
informers, it said.
● Periodic review: Presidential Commission for a periodical review of the
functioning of the Criminal Justice System.

Q2. There is a pressing need to clear the pending judicial cases in order to
strengthen one of the pillars of Indian Democracy. Discuss. (15 marks 250 words)

Introduction
According to the Law Minister, in India as on December 2022, the total pending cases in
the country is about 4.92 crore. The judicial pendency is rising day by day but on the
other hand, the number of judges is not increasing. Therefore there is an urgent need of
clearing these pending cases to strengthen the judiciary and serve justice on time to the
people.
Related fact:
As of December 2022, over 4.92 crore cases are pending in courts across different levels
of the judiciary. Over 69,000 cases are pending in the Supreme Court while there is a
backlog of over 59 lakh cases in the country's 25 high courts.

Causes for huge pendency of cases:

● The shifting role of SC: from adjudicating cases of constitutional significance into a
regular court of appeals. According to legal experts, most of the cases that the
Supreme Court was handling daily are either appeals from various high courts or
cases of gross violation of an individual’s fundamental rights. But this role was never
meant for the apex court.
● Shortage of judges: As of December 2022, against a sanctioned strength of 1,108
judges, the High Courts were functioning with only 778 judges.
➢ The subordinate courts were found functioning with 19,288 judges against a
sanctioned strength of 24,631 judges which leads to poor Judges to Population
Ratio, as India has only 20 judges per million population. Earlier, Law
 Commission had recommended 50 judges per million.
● Frequent adjournments: The laid down procedure of allowing a maximum of three
adjournments per case is not followed in over 50 percent of the matters being heard
by courts, leading to rising pendency of cases.
● Burden of government cases: The maximum time of the judiciary goes to deciding
cases involving government, states, and unions.
● Special leave petition: Cases in the Supreme Court currently comprises 40% of the
court’s pendency. Due to frivolous PILs and various government policies which are
challenged by the people they take up most of the judiciary’s time.
● Judges Vacation: Supreme Court works on average for 188 days a year, while Apex
court rules specify a minimum of 225 days of work.
● Lack of court management systems: Courts have created dedicated posts for court
managers to help improve court operations, and optimize case movement and judicial
time. o However, only a few courts have filled up such posts so far.
● Inefficient investigation: Police are quite often handicapped in undertaking effective
investigations for want of modern and scientific tools to collect evidence.
● Poor state of Infrastructure is affecting the efficiency and functioning of the
subordinate courts.
Measures needed:
● Addressing the Issue of Vacancies: The 120th Law Commission of India proposed a
judges strength formula to optimize case handling. The introduction of the All India
Judicial Service would improve judge quality and decrease pending cases.
● Timeframe to dispose of cases: Set annual targets and action plans for the subordinate
judiciary and High Courts to expedite case disposals, enforce the code of conduct to
discourage unnecessary adjournments, impose costs for delays, and ensure adherence
to specified time frames in the Civil Procedure Code.
● Improving the infrastructure for quality justice: The Parliamentary Standing
Committee suggested: States should provide suitable land for the construction of
court buildings etc. It should undertake vertical construction in light of the shortage of
land.
➢ Also, a Timeline must be set out for the computerization of all the courts, as a
necessary step toward setting up e-courts. The proposed allocation of Rs 7,000
crore in the 2023-24 budget for phase three of the eCourts Project.
• Better Court Management System & Reliable Data Collection: a. For this
categorization of cases on the basis of urgency and priority a bunching of cases
should be done.
• Use of Information Technology (IT) solutions: The Supreme Court started a
first-of-its-kind project to transcribe its proceedings live using Artificial Intelligence
in February 2023.
• Digitisation of cases: The hearing of matrimonial cases through video-conferencing
need to adopt cutting-edge technologies like Artificial Intelligence, Machine
Learning,
• Revamping of the National Judicial Data Grid by introducing a new type of search
known as elastic search, which is closer to artificial intelligence.
Alternate dispute resolution (ADR):
• As stated in the Conference on National Initiative to Reduce Pendency and Delay in
Judicial System- Legal Services Authorities should undertake pre-litigation mediation
 so that the inflow of cases into courts can be regulated.
• The Lok Adalat should be organized regularly for settling civil and family matters. •
Gram Nyayalayas, as an effective way to manage small claim disputes from rural
areas will help in decreasing the workload of the judicial institution.
• Village Legal Care & Support Centre can also be established by the High Courts to
work at the grass root level to make the State litigation friendly.

Conclusion
The fundamental requirement of a good judicial administration is accessibility, affordability,
and speedy justice, which will not be realized until and unless the justice delivery system is
made within the reach of the individual in a time-bound manner and within a reasonable
cost. Therefore, continuous formative assessment is the key to strengthening and
reinforcing the justice delivery system in India.