Separation of judiciary, finally

After treading a bumpy road and a see-saw between hopes and frustrations during the last 36 years, the separation of judiciary from the executive at last marks a beginning today. It's a historic occasion.
By a broad stroke of change, all magistrate courts now come under the authority of the Supreme Court (SC).
However as much as it is a monumental event its true efficacy will unfold on how the system actually works. The ultimate success and long term benefits to accrue at all levels of the society from this much awaited action will depend on a number of factors.
While as many as 600 executive magistrates entrusted with some judicial functions will basically return to their executive duties, Supreme Court has actually appointed 202 judicial magistrates at a time when five lakh cases are pending with the magistrate courts. Although the Registrar of the SC has stated that "the judicial magistrates will be carrying out their duties on a round the clock basis"; frankly, it would be a stupendous task for them to be clearing any substantial amount of the backlog. Therefore, it is imperative that new judges are recruited in a large number by March as planned.
Needless to say, with the separation between the judiciary and executive, a premium is placed on cooperation between the two in this transition period.
The chief virtue of a separated judiciary is dispensation of justice without any interference from the executive or a political government. Not only do the people now expect justice to be done but done quickly also, because so far justice delayed meant justice denied to them.
It all depends upon the quality, probity, hard work and commitment of the judges to alleviate the legal grievances of the people that for ages have eluded them. Chief Justice himself has pointed out that the dispenser of justice should use his experience, patience and high commitment to the optimum. We are also in total agreement with the honorable Chief Justice that the judges have to be kind and understanding to people in distress.
The judges being now independent and with the powers vested in them must consciously avoid being arbitrary to win public confidence that had dwindled in the lower judiciary.
The ball is now very much in the court of the highest judiciary. The control and supervisory authority of the Supreme Court over the judicial magistrates would be exercised in full measure with a check and balance system put in place. Keeping all things in view, we recommend that a separate secretariat be established under the authority of the Chief Justice to monitor the entire process.