Justice Manmohan’s Address at SCBA National Conference 2026
During the session “From Pendency to Prompt Justice: Rethinking Justice Delivery In Indian Courts” at the 1st SCBA National Conference 2026, Justice Manmohan of the Supreme Court criticised the existing collegium system and highlighted systemic mistrust of High Court Chief Justices. He also drew attention to infrastructural deficits, fear of transfers, and the government’s litigation habits.
Key Developments
- Justice Manmohan questioned why a recommendation by a Chief Justice of a High Court is repeatedly debated by the collegium and the government.
- He warned that the fear of transfer undermines judicial independence.
- He recounted infrastructural shortfalls in Delhi’s district courts, including lack of courtrooms for newly recruited judges and overcrowded family courts handling up to 3,700 cases.
- He highlighted procedural bottlenecks such as a single Public Prosecutor being shared between two courtrooms, causing delays.
- He criticised the government’s habit of filing unnecessary appeals out of fear of investigative agencies, and its ambivalent stance on ADR, especially arbitration in large matters.
Important Facts
- During his tenure as Chief Justice of the Delhi High Court, Justice Manmohan increased the working strength of district courts to match sanctioned strength within six months.
- Recruitment was done on the premise of promised infrastructure, which never materialised, forcing him to start a digital court and rotate judges in a single room.
- At Rohini Family Court, a single judge was handling more than double the average caseload (3,700 vs. 1,200‑1,300).
- Government officials often file appeals “just in case” to avoid scrutiny from agencies like the CBI, leading to unnecessary clogging of courts.
Exam Relevance
The issues raised intersect with several UPSC syllabus areas: the collegium debate touches upon judicial independence, appointment procedures, and the balance of power between the judiciary and the executive (GS2). Infrastructure deficits illustrate challenges in governance and public service delivery (GS3). The fear of transfers and government litigation habits reflect administrative culture and accountability mechanisms (GS2, GS4). Finally, the stance on ADR links to legal reforms and economic efficiency (GS3).
Way Forward
- Re‑examine the collegium system to restore trust in High Court recommendations, possibly through greater transparency or legislative oversight.
- Enact statutory safeguards against arbitrary transfers that could compromise judicial independence.
- Allocate dedicated budget for timely construction of courtrooms and supporting infrastructure, especially in fast‑growing districts.
- Promote wider adoption of digital courts to mitigate space constraints.
- Encourage the government to rationalise its litigation strategy and to embrace arbitration for large commercial disputes, backed by necessary legislative amendments.