Hussain Riza says reinstating the Judicial Council will help clear court backlogs and strengthen judicial independence

Former Judicial Service Commission (JSC) Chairman Hussain Riza Adam has said he hopes the reinstatement of the Judicial Council, comprising the Chief Justice, Supreme Court judges and High Court judges, will help speed up the resolution of the backlog of cases in the courts.

Speaking on a state media PSM’s TV programme on Tuesday evening, Riza, who is also the MP for Maafushi constituency, said the judiciary can only be independent if judges are given full authority.

Riza said the Judicial Council’s role is to formulate judicial policies, provide training for judges, and seek advice and consultation from the judiciary.

“And in particular, I believe it will be a huge responsibility of this council to address these delayed cases now,” he said.

Many cases have stalled in the courts following changes to the Civil Procedure Act. Riza noted that it has been a year since the JSC submitted an amendment to the Attorney General’s Office to address delays, and said that if the amendment were approved even tomorrow, many cases could be expedited immediately.

He said the backlog in the courts is a major public concern, including for families of those held in custody for long periods while awaiting the conclusion of their trials.

“I believe that with this council in place, its work can be directed to judges more directly, and the involvement of all courts through this council can be strengthened to expedite cases,” he said.

Responding to a journalist’s question on Monday, the President said the JSC Act was amended by the then‑Parliament in 2019 to bring the Department of Judicial Administration (DJA) under the JSC. He said this has indirectly influenced the judiciary, and that he intends to remove the DJA from under the JSC and restructure the judiciary as planned.

“I believe the necessary legal changes should be made so the Judicial Council can be reinstated, with the DJA answerable to the Chief Justice, and the Chief Judicial Administrator answerable to the Judicial Council and the Chief Justice,” he said.

Under the Courts Act, which came into force in 2010, a Judicial Council was established to create uniform rules for the courts, maintain consistent standards, and provide consultation on court operations.

The council consists of the Chief Justice, a Supreme Court judge, the Chief Judge of the High Court, the Chief Judges of the lower courts, and one magistrate from the north and one from the south. However, the Supreme Court later repealed the provisions relating to the council.

Freeing the JSC and changing its composition has been a pledge of both the previous MDP government and the current administration.

It is noteworthy that the then‑opposition PPM/PNC rejected three proposals to reform the JSC in the 19th Parliament. The President has said he will propose JSC reforms to the 20th Parliament, where the government holds a majority.