Syllabus
GS Paper 2 – Structure, organization and functioning of the Executive and the Judiciary.
Context
Supreme Court unveils new justice statue as part of an effort to move away from its colonial legacy.
Source
The Hindu| Editorial dated 21st October 2024
What does the new ‘lady justice’ statue signify?
The recent unveiling of the new ‘lady justice’ statue at the Supreme Court of India marks a significant shift in symbolism and ideology. The statue has been modified to align more closely with Indian traditions and modern interpretations of justice.
This change is symbolic of a deeper effort to decolonize Indian legal institutions and adapt them to reflect the values of the Indian Constitution. While the symbolism is meaningful, the practical challenges in the Indian judicial system, such as case pendency, demand urgent reforms.
The Evolution of ‘Lady Justice’
- Historical Origins:
- The modern-day ‘lady justice’ is rooted in Justitia, the Roman goddess of justice.
- Traditionally, the statue includes a blindfold, scales, and a sword.
- Renaissance and Enlightenment:
- The blindfold, added during the Renaissance, was initially a satire on the corrupt legal systems.
- By the Enlightenment, it came to represent impartiality, signifying that justice should be blind to wealth, status, and power.
- Symbolism of Scales and Sword:
- The scales represent balance, ensuring both sides of a case are weighed before judgment.
- The sword represents the power of the law to both protect and punish.
The New ‘Lady Justice’ in India
- Decoloniality: The new statue replaces the Western attire with a saree, bringing the figure closer to Indian tradition, as a symbol of decolonization.
- Open Eyes: The removal of the blindfold signifies that the law sees everyone equally in the Indian context, addressing the social diversity and discrimination faced by underprivileged sections.
- Constitutional Supremacy: The sword has been replaced with the Indian Constitution, symbolizing that the Constitution is the ultimate source of authority and justice in India’s legal system.
- Impartiality Preserved: The scales remain a central feature, symbolizing the continued commitment to impartiality in weighing evidence before delivering judgments.
Case Pendency and Judicial Challenges
- Pendency of Cases:
- Over 5 crore cases are pending in Indian courts, with over 60 lakh cases in High Courts and 4.4 crore cases in lower courts.
- This backlog severely impacts the delivery of justice.
- Supreme Court’s Stand: The Supreme Court recently dismissed a Public Interest Litigation that sought a three-year timeline to resolve all pending cases, calling it practically impossible given the overwhelming flood of litigation.
- Judicial Vacancies: High Courts often function at only 60-70% strength, contributing to delays. Judicial vacancies, particularly in lower courts, remain unaddressed, further slowing case resolution.
Urgent Actions Required for Judicial Reform
- Finalizing the Memorandum of Procedure:
- The revised Memorandum of Procedure for the appointment of judges by the collegium has been pending for eight years.
- Finalizing this process is crucial for bringing transparency and accountability to judicial appointments.
- Increasing Representation:
- Representation of backward classes, Scheduled Castes, Scheduled Tribes, religious minorities, and women is significantly low in the higher judiciary.
- Appointments should reflect India’s social diversity to ensure inclusiveness.
- Filling Vacancies in Courts:
- High Courts and lower courts face severe shortages in judicial appointments.
- The government needs to expedite the approval of collegium recommendations for High Courts and States should fill vacancies in lower courts.
- Prioritizing Constitutional and Liberty Cases:
- Cases dealing with constitutional validity and individual liberty must be heard on a priority basis to ensure prompt resolution and protection of fundamental rights.
Conclusion
The unveiling of the new ‘lady justice’ statue symbolizes a shift towards a justice system rooted in Indian values and the supremacy of the Constitution. However, for these symbolic changes to have a real impact, urgent reforms in the judiciary are necessary. Addressing the backlog of cases, filling judicial vacancies, ensuring diverse representation, and prioritizing key cases are essential to delivering fair and timely justice. Only then will the new statue reflect not just symbolic change, but a reformed and effective justice system.
Related PYQ
What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss. [ UPSC Civil Services Exam – Mains 2015]
Practice Question
What is the significance of the new ‘lady justice’ statue in the Supreme Court of India? Discuss its symbolism and the challenges the Indian judicial system faces in ensuring timely justice? [250 words]
Guidelines for Answering the Question
- Introduction:
- Start by explaining the unveiling of the new ‘lady justice’ statue.
- Briefly mention its significance as a symbol of justice aligned with Indian values.
- Body:
- Discuss the changes such as the saree, open eyes, and the Constitution replacing the sword.
- Explain the shift from colonial symbols to Indian traditions and the message of inclusiveness.
- Address the issue of case pendency in Indian courts.
- Discuss the shortage of judges and the need to finalize the judicial appointment process.
- Mention the lack of representation of social diversity and the need for timely hearings on key constitutional matters.
- Conclusion:
- Summarize the need to translate the symbolic changes into practical reforms in the judicial system.