1: Stagnation in the Subordinate Judiciary and Procedural Reform
Syllabus
- GS-II: Structure, organization and functioning of the Executive and the Judiciary; Statutory, regulatory and quasi-judicial bodies.
- GS-II: Governance, Social Justice (Access to Justice).
Context
The editorial highlights the crisis of stagnation and massive pendency in the subordinate judiciary (trial courts), which handles 85-90% of India’s total caseload and is the primary interface between citizens and the justice system. The issue is attributed to structural inefficiencies and archaic procedural laws.
Main Body: Multidimensional Analysis
Administrative and Structural Dimension
A major obstacle is the excessive clerical workload placed on subordinate judges, who spend the crucial morning hours (10:30 AM–12 PM) performing non-judicial, ministerial duties like calling cases, issuing summons, and recording appearances. This consumes valuable time that should be used for hearing matters on merit, leading to slow trials, judgment delays, and high frustration among litigants.
Procedural and Legislative Dimension
The editorial points out how outdated and hyper-technical provisions in procedural laws, like the Code of Civil Procedure (CPC), contribute to the backlog. Examples include:
- Order XXI (Execution Proceedings): Contains 106 complex rules that allow judgment debtors to stall execution of decrees for years, undermining public confidence.
- Mandatory Mediation: Provisions like Section 12A of the Commercial Courts Act, interpreted as mandatory, often add a layer of delay to commercial disputes without guaranteeing resolution.
- Rent Laws: Ambiguities in new rent acts regarding jurisdiction create conflicting rulings and prolonged litigation.
Training and Competence Dimension
There is a recognized need to improve the initial training and orientation of newly appointed judges. A lack of practical exposure to best practices in case management, order writing, and argument structure leads to more appeals and unnecessary procedural orders. The editorial suggests mandatory training at High Court benches to foster better judicial competence and a smarter administrative culture.
Positives, Negatives, & Government Schemes
| Aspect | Description |
| Positives | Widespread Concern: Recent Supreme Court observations and parliamentary discussions indicate a growing institutional recognition of the problem. Digital Potential: Technology (e-Courts) offers a potential solution for managing clerical tasks and case flow efficiently. |
| Negatives | Institutional Inertia: Resistance to radical procedural changes that challenge established legal practices. Resource Deficit: Inadequate budget allocation for judicial infrastructure, staff, and modernization. Higher Judiciary’s Role: Pendency is exacerbated by the lack of timely disposal of appeals by the higher judiciary. |
| Relevant Schemes | e-Courts Mission Mode Project: Aims to provide information and technology enablement to the Indian judiciary. National Judicial Data Grid (NJDG): Provides data on case pendency and disposal, highlighting the crisis. |
Relevant Examples
- Patil Automation vs. Rakheja Engineers (2022): The Supreme Court ruling making pre-suit mediation mandatory in commercial disputes, which is argued to increase, rather than reduce, pendency.
- Code of Civil Procedure (1908): The archaic nature of this law, originally designed for pre-modern litigation realities, is a primary source of procedural complications.
Way Forward
- Administrative Modernization: Create a cadre of Court Managers or administrative staff to offload all non-judicial, clerical duties from the judges, freeing up their time for trials and judgments.
- Procedural Overhaul: Constitute a high-level expert committee to simplify and modernize Order XXI of the CPC and other archaic procedural laws, focusing on fast-track enforcement and reducing technicalities.
- Mandatory Training: Introduce mandatory, practical, and prolonged training modules for new judges on advanced case management, modern evidence handling, and digital record keeping.
Conclusion
The crisis in the subordinate judiciary is not merely a numbers problem but a structural one that undermines public faith in the rule of law. Reform requires a combination of smart administrative design, radical procedural simplification, and targeted capacity building to ensure the first interface of citizens with justice is efficient and timely.
2: Reinvigorating India-Africa Partnership: The Co-Creation Model
Syllabus
- GS-II: India and its neighbourhood- relations; Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Context
The editorial calls for India to deepen and revitalize its strategic and economic partnership with the African continent, moving beyond a traditional aid/infrastructure model to one based on co-creation, co-investment, and mutual development in high-impact, future-oriented sectors.
Main Body: Multidimensional Analysis
Strategic and Demographic Dimension
Africa is a continent of immense strategic importance: by 2050, one in four humans will be African, and the African Continental Free Trade Area (AfCFTA) is creating a single, vast market. India, poised to become the third-largest global economy, shares complementary strengths—Africa’s young demography and resources, coupled with India’s affordable technology and capacity-building expertise. The partnership is a key pillar of South-South Cooperation and India’s vision for the Global South.
Economic and Competition Dimension
India has emerged as one of Africa’s top five investors, with cumulative investments totaling $75 billion. However, India significantly lags behind China in terms of trade volume, infrastructure presence, and large-scale financing. Indian firms are often hindered by limited financial scale and bureaucratic delays. The need is to move up the value chain by shifting focus from traditional lines of credit to co-investment in future sectors like green hydrogen, electric mobility, digital public goods, and pharmaceutical manufacturing.
Capacity Building and Soft Power Dimension
India’s competitive advantage lies in its historical goodwill (no colonial baggage), its model of affordable technology, and its robust Human Resource Development (HRD) programs. Over 40,000 Africans have been trained in India under schemes like ITEC and ICCR scholarships, creating powerful “living bridges of trust.” The successful opening of the IIT Madras campus in Zanzibar is a landmark example of this capacity-building model. The next step is to leverage the India Stack/UPI model to build an India-Africa Digital Corridor.
Positives, Negatives, & Government Schemes
| Aspect | Description |
| Positives | Complementary Economies: India’s tech/pharma strength aligns with Africa’s market and resource needs. Soft Power: Strong historical ties, cultural exchanges, and non-exploitative engagement model. Digital Opportunities: Huge potential for replicating India’s successful digital public infrastructure (UPI, Aadhaar) in African nations. |
| Negatives | Strategic Inertia: Slow project execution and bureaucratic delays by Indian firms and government institutions. Competition from China: China’s deep pockets and swift infrastructure delivery pose a significant commercial challenge. Security Challenges: Weak governance, insurgency, and political instability in parts of Africa create an unfavorable environment for long-term investment. |
| Relevant Schemes | India-Africa Forum Summit (IAFS): The primary institutional mechanism for high-level engagement (needs revival). ITEC (Indian Technical and Economic Cooperation): Flagship capacity-building program. Concessional Lines of Credit: Financial assistance model for specific projects. |
Relevant Examples
- IIT Madras Zanzibar Campus: The first overseas IIT campus, symbolizing India’s commitment to educational capacity building.
- Pan-African e-Network Project: A foundational initiative for tele-education and telemedicine connecting Indian institutions with African countries.
Way Forward
- Revive IAFS: Urgently revive and institutionalize the India-Africa Forum Summit (IAFS) to set strategic goals and timelines for the next decade.
- Risk-De-risking Finance: Use public finance to strategically de-risk private capital and connect Lines of Credit to high-impact, visible outcomes, moving away from slow, general infrastructure projects.
- Digital Corridor: Prioritize the development of a joint India–Africa Digital Corridor to facilitate UPI-like payment systems, tele-education, and digital governance.
Conclusion
The India-Africa partnership is a relationship of rising equals. The next phase must be defined by co-creation and co-investment in the high-growth sectors of the future. By prioritizing delivery over announcements and leveraging its unique model of technology and trust, India can solidify its position as Africa’s most reliable and strategic development partner.
