Challenges and Trends in the First Quarter of the 21st Century
Introduction: Geo-Political Incompetence and Multi-polar Disorder
If war indeed reflects geo-political incompetence, the first quarter of the 21st century showcases a concerning level of incompetence globally. Various regions, including Europe, Asia, and Africa, are marked by dissonance, contributing to a state of multi-polar disorder.
Rise of Terrorism: A Threat to Liberal Democracy
- The evolution of terrorism, from the 9/11 attacks to the rise of groups like the Islamic State and lesser-known outfits, poses significant challenges to liberal democracy.
- The attack on Israel by Hamas signifies a new high in terrorism’s evolution, with fanaticized groups persisting in pursuing their objectives.
Conventional Conflicts and Unresolved Wars
- The conflict between Russia and Ukraine, initially a conventional conflict, has unexpectedly prolonged, showcasing a disturbing trend.
- New battlegrounds, as seen in the West Asia conflict involving Hamas and Israel, add complexity, with potential wider consequences and the collapse of peace accords.
Potential Escalation in West Asia
- The recent United States Naval deployment in response to the Hamas-Israel conflict raises concerns about the involvement of Iran-backed Shia militant organizations, potentially altering the conflict’s nature and leading to unpredictable consequences.
Uneasiness in the Indo-Pacific Region
- The Indo-Pacific region presents a fertile ground for a wide-ranging conflict, with the U.S. and China exhibiting conflicting goals.
- The lack of military arrangements like NATO in the East and the fundamental differences between Europe and the Indo-Pacific pose unique challenges.
Technology Risks: AI, Cyber, and Quantum Computing
- Grave risks in the technology domain, specifically in Artificial Intelligence (AI) and cyber, are evident.
- The use of AI for military and security purposes, coupled with cyber threats, poses significant security risks, with the potential to alter the fabric of nation-states.
Quantum Computing and Health Risks
- The transformative potential of quantum computing in data processing is acknowledged, but intrinsic risks exist.
- Meanwhile, global health risks, exemplified by the COVID-19 pandemic, are expected to persist, making health a critical factor in the 21st century.
Conclusion: Navigating Global Risks
- As the 21st century progresses, climate change and associated health issues are projected to be among the biggest global risks.
Navigating these challenges demands international cooperation, strategic foresight, and a proactive approach to address the evolving nature of conflicts and threats.
Structural Reforms in the Supreme Court of India
Introduction: The Current Jurisdictional Framework
The Supreme Court of India operates within three distinct jurisdictions under the constitutional framework: original, appellate, and advisory.
Functioning as both a Constitutional Court and a Court of Appeal, the court sits in benches of varying sizes, directed by the Chief Justice of India (CJI), who holds the position of the Master of the Roster.
Composition and Functioning of Constitution Benches
- Constitution Benches, comprising five, seven, or nine judges, are convened to deliberate on specific issues related to constitutional law.
- Article 145(3) of the Constitution mandates the establishment of a Constitution Bench, requiring a minimum of five judges for cases involving substantial constitutional questions or references under Article 143.
- The majority of cases, however, are heard by Division Benches or full Benches.
Current Challenges: Overburdened Judiciary and Backlog
- The Supreme Court currently faces a staggering backlog of cases, with 79,813 pending before 34 judges.
- The broad jurisdiction of the court has led to the inclusion of frivolous public interest litigations, contributing to the overwhelming caseload.
- This situation has spurred calls for structural changes in the court to enhance efficiency and address the backlog.
Historical Context and Previous Proposals
- In 1984, the Tenth Law Commission proposed the division of the Supreme Court into two divisions: the Constitutional Division and the Legal Division.
- The aim was to streamline the adjudication process and reduce fees for litigants.
- Subsequent recommendations, including the establishment of regional benches in 2009, have been made to address accessibility and reduce the backlog.
Recent Developments: CJI’s Proposal for Permanent Constitution Benches
- CJI D.Y. Chandrachud has expressed the intention to establish Constitution Benches of varied strengths as a permanent feature of the Supreme Court.
- This proposal reflects a renewed effort to manage the workload efficiently and enhance the court’s effectiveness.
Discourse on Separate Constitution Bench and Regional Benches
- The idea of a separate Constitution Bench, as proposed in 1984, is being revisited.
- Additionally, suggestions for regional benches to hear non-constitutional issues have been discussed.
- The 229th Law Commission Report in 2009 recommended regional benches in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai to address non-constitutional cases.
The Need for Structural Reforms: Balancing Accessibility and Efficiency
- Considering the historical context, the overburdened state of the Supreme Court, and evolving jurisprudential needs, there is a growing consensus on the necessity for structural reforms.
- Balancing accessibility through regional benches and efficiency through dedicated Constitution Benches is crucial for the court’s continued effectiveness.
Addressing the Access Gap: Protecting Citizens’ Basic Right
- The ongoing analysis by a Constitution Bench on issues related to citizens’ access to the Supreme Court, as seen in V. Vasanthkumar v. H.C. Bhatia, provides an opportunity for the court to address structural gaps.
- Designating certain appeal benches as regional benches, under CJI guidance, could be a pivotal step in ensuring citizens’ basic right to access justice.
Conclusion: Striking a Balance for Judicial Stability
- In conclusion, the Supreme Court’s structural reforms, particularly the establishment of permanent Constitution Benches and regional benches, present a critical juncture.
Striking a balance between accessibility and efficiency is imperative to uphold the court’s role as the guardian of the Constitution and ensure its continued relevance in the evolving legal landscape of India.
