Why is it in the news?

• The Chief Justice of India recently unveiled a new ‘lady justice’ statue at the Supreme Court, replacing the original figure. The new statue is depicted in a saree, without a blindfold, holding scales in one hand and the Indian Constitution in the other.

Background of Lady Justice

• The modern portrayal of ‘lady justice’ is rooted in Justitia, the Roman goddess of Justice. Traditionally, she is depicted wearing a blindfold, holding scales and a sword.
• The blindfold was added during the Renaissance as a critique of corrupt legal systems, suggesting that justice was administered blindly to wealth and power.
• Over time, it came to symbolize impartiality in the pursuit of justice, indicating that judgments should be made without bias.
• The scales represent the need for balance and fairness in judicial decisions, while the sword signifies the authority of the law to protect and punish.

Reasons for the Change

• The introduction of the new statue represents an effort to decolonialize symbols rooted in British colonialism. The British legal system established the court hierarchy that persists in India today, and the original ‘lady justice’ statue was a remnant of that era.
• The new statue’s saree connects it to Indian tradition, while the removal of the blindfold signifies that the law is not blind but aware of social realities. It emphasizes the need for a nuanced approach to justice, particularly in addressing the discrimination faced by marginalized groups.
• Replacing the sword with the Constitution highlights the supremacy of constitutional values in Indian jurisprudence, while the retained scales signify the ongoing commitment to impartiality in weighing evidence.

Urgent Actions Needed in the Justice System

• Recently, the Supreme Court dismissed a Public Interest Litigation that requested a three-year deadline to resolve over five crore pending cases across all Indian courts.
• While the Court acknowledged the desirability of the request, it deemed it impractical given the current flood of litigation.
• However, the adage “justice delayed is justice denied” underscores the urgency for reform in the justice delivery system.

Key actions include:

• Finalize the Memorandum of Procedure: The revised guidelines for judicial appointments have been pending for eight years and should be expedited to enhance transparency and accountability.
• Improve Representation in Higher Judiciary: Currently, the representation of backward classes, Scheduled Castes, Scheduled Tribes, and religious minorities is less than 25%, with women making up less than 15%. Judicial appointments should reflect India’s social diversity.
• Address High Court Staffing Levels: High Courts often operate at only 60-70% capacity, contributing to the backlog of over 60 lakh cases. The government must promptly appoint judges based on collegium recommendations.
• Fill Vacancies in Lower Courts: With 4.4 crore cases pending, state governments should prioritize filling vacancies in lower courts to enhance the efficiency of the justice system.
• Prioritize Certain Cases: Cases regarding the constitutional validity of laws and individual liberties should be prioritized for timely hearings by the higher judiciary.

Conclusion

• These measures will help ensure that the new statue serves not just as a symbol of justice, but also reflects substantive actions towards delivering fair and prompt justice in India.