The theme for the second edition of the Indian Democracy at Work Series was Rule of Law and the conference took place between 20th-28th February 2021. It was a virtual conference organized jointly by the Foundation for Democratic Reforms, Bharati Institute of Public Policy (ISB) and University of Hyderabad. Spanning nine days, the conference deliberations centered around four key aspects – police (including forensics), prosecution, procedural law and judiciary. Several distinguished figures from across the world, representing all stakeholders (the police, legal fraternity, judiciary, the academia, government service, media and civil society) discussed the potential solutions to India’s Rule of Law challenges. The esteemed panelists included such as Justice M.N. Venkatachaliah (Former Chief Justice of India), Mr. G. Kishan Reddy (Minister of State for Home Affairs), Shri. Raj S. Kohli (Chief Superintendent, Metropolitan Police, London), Dr. Sudhir Krishnaswamy (VC, NLSIU) and Dr. Montek Singh Ahluwalia (Former Deputy Chairman, Planning Commission of India). A range of issues such as capacity enhancement of prosecution, community policing and increasing accountability for higher judiciary were discussed, culminating in the Hyderabad Declaration 2021. 

The foundation of constitutional governance and a democratic society lies in its Rule of Law. In a rapidly urbanizing context, maintaining public order and controlling crime become highly significant. Despite the presence of normative Rule of Law in India, its practical implementation is highly distorted and often faces significant systemic challenges, with our institutions exhibiting serious shortcomings.  In this context, the panelists explored the systemic causes and ways to correct the distortions.

Session proceedings:

The conference began with an opening session attended by notable figures, including former Chief Justice of India Shri Justice M.N. Venkatachaliah and former Reserve Bank of India Governor Dr. Duvvuri Subbarao, along with representatives from FDR, ISB, and UoH. Dr. Jayaprakash Narayan delivered the welcome address, followed by discussions on modernizing India’s justice system and strengthening institutions like the police, forensics, prosecution, and judiciary. The consensus was that India’s main focus should be on maintaining order, lifting millions out of poverty, and ensuring their safety.

Police:

The initial session tackled challenges in modern policing. Led by Shri K. Padmanabhaiah, former Union Home Secretary, the discussion explored themes of police improvement, recruitment, training, and community policing. Negative public perceptions of the police and poor working conditions were addressed, emphasizing the need for an effective and modern police force. The second policing session, chaired by Smt. Aruna Bahuguna, former Director of SVP National Police Academy, stressed on the need for wider technology and forensics adoption beyond urban areas. Enhanced technology and forensics were seen as crucial for reducing police pressure, avoiding extrajudicial actions, and rebuilding public trust.

Prosecution:

Justice B.S. Chauhan chaired a session on Crime Investigation and Prosecution, highlighting issues like resource and manpower shortages. Political inaction, improper public prosecutor appointments, and blurred investigation roles were identified as key problems, requiring urgent reforms to prevent police and judicial politicization.

Procedural Law:

A webinar on Criminal Procedural Reforms showed agreement on the complexity of India’s criminal procedures with outdated colonial rules leading to delayed justice and overcrowded prisons. The fourth session concentrated on civil procedural reforms, discussing case management, commercial court functioning, and jurisdiction updates. Panelists found consensus on key steps for civil procedural reform while presenting individual solutions.

Judiciary:

The fifth session on Rule of Law addressed speedy justice at trial courts, emphasizing accessibility, personnel, infrastructure, and procedural changes. Local courts, technology adoption, and judicial recruitment were suggested reforms. 

Panelists in the sixth session discussed strengthening Constitutional Courts, proposing ways to expedite cases and address caseloads. Consequently, session seven focused on Judicial Standards and Accountability, highlighting issues with judge quality and the need for comprehensive reforms. The importance of the Rule of Law for economic growth was discussed in the eighth session, with fair dispute resolution, property rights, contract enforcement, and just labor laws seen as vital for economic progress.

The final session summarized discussions, highlighting Rule of Law’s significance for a democratic society, economic growth, and national unity. The Hyderabad Declaration offered practical solutions for Rule of Law issues. Some of the notable elements are: 

• Strengthen the police force with more personnel to effectively handle modern challenges and build public trust. Assign officers to communities for better communication and collaboration with citizens.

• Create an independent and well-equipped crime investigation agency separate from law and order departments to handle significant crimes.

• Amend criminal procedural laws to streamline trial processes, ensure transparent and accountable investigations, protect victim rights, involve judges in the trial process, and recognize non-custodial punishments.

• Reforms to the civil justice system should be data-driven, increasing judicial resources while limiting appeals, adjournments, and interim orders. Introduce a case management system for efficient trials.

• Allocate adequate resources for accessible judiciary, including more trained judges and physical infrastructure by setting up local courts in both rural and urban areas. 

• Attract top talent to the judiciary by enhancing judges’ remuneration, service conditions, and office prestige. Implement a competitive, merit-based recruitment with fast-track elevation based on performance.

Overall, the conference shed light on the importance of the Rule of Law in the country and explored ways to strengthen our police, prosecution and judiciary to achieve it.