The decision by the Union Law Ministry to enhance the sanctioned strength of the Jammu & Kashmir and Ladakh High Court is both timely and essential. By approving an increase in judicial posts from 17 to 25, including 19 permanent and 6 additional judges, the Law Ministry has taken a crucial step towards addressing long-standing issues related to judicial delays and workload management. This move is expected to provide much-needed relief to the judiciary, lawyers, and, most importantly, the people who seek justice within this jurisdiction. The necessity of this expansion is mainly due to mounting workloads and the growing prevalence of cases. Therefore, this expansion is a welcome step in improving the efficiency of the judiciary and ensuring timely justice delivery.
Judicial delay has been a pervasive issue in India, and Jammu & Kashmir and Ladakh are no exceptions. The backlog of cases continues to rise, fuelled by factors such as increasing litigation rates, limited judicial resources, and infrastructural constraints. Currently, the existing strength of judges in the High Court is insufficient to keep up with the volume of cases filed, leading to significant delays in delivering justice. The burden on judges has resulted in a backlog that not only clogs the judicial pipeline but also undermines public trust in the legal system. The increase in the number of judges is an important step in addressing this pressing issue; however, improvements in administrative support, technological integration, and the development of judicial infrastructure are equally important. This enhancement of judicial capacity must be accompanied by investments in infrastructure, adequate judicial support staff, and other administrative reforms to ensure that the High Court can operate effectively with the increased strength of judges.
One of the critical challenges that needs immediate attention is the current state of judicial infrastructure. Presently, the High Court buildings in both the Jammu and Srinagar wings are limited in their capacity to accommodate the increased number of judges. Without adequate chambers, courtrooms, and administrative support facilities, simply adding judges will not translate into increased efficiency. Therefore, the Government must prioritise the expansion and modernisation of judicial infrastructure. This includes not only physical spaces for judges and their staff but also the incorporation of digital technologies to streamline case processing and reduce delays.
The decision to allocate the newly created positions in a 66.6% to 33.3% ratio between bar and service members is a prudent one. This distribution ensures that a healthy balance is maintained between judges from a legal practice background and those from the judicial services. Each group brings unique perspectives and expertise to the bench, and this blend of experiences enriches the judiciary as a whole. Judges from the bar often bring a direct understanding of client interactions and case management, while service judges bring insights into procedural and administrative aspects. This balanced representation is likely to lead to a more well-rounded judiciary that can approach complex cases from varied legal perspectives.
The Jammu & Kashmir and Ladakh High Court is uniquely positioned as it serves three distinct regions across two Union Territories. The challenging climatic conditions, particularly in Ladakh, Kashmir, and Jammu’s winter zone, add to its complexities. Though virtual court proceedings are available yet during winter, road connectivity issues frequently hinder court appearances, leading to adjournments and complicating the judges’ workload. These seasonal challenges inevitably contribute to the growing prevalence of cases. The increased bench strength of judges will significantly reduce such pendency.
The increased strength of the judiciary will play a significant role in restoring public confidence in the judicial process. When people are assured of a fair and speedy trial, it reinforces the fundamental principle of justice as an accessible right for all. The Law Ministry’s decision demonstrates a commitment to strengthening the judiciary in Jammu & Kashmir and Ladakh, signalling to the public that their concerns about delayed justice are being taken seriously.
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