How To Grease The Wheels Of Justice

Context: Despite good intentions, the nation’s judiciary is hurtling towards a disaster due to the pendency of cases in courts across the country

Major Issues Concerning Indian Justice System

• Sluggish justice delivery system: More than 40% of cases are decided after three years in India, while in many other countries less than 1% of cases are decided after three years which resulted into
  • Increase in crime and corruption
  • Violation of Fundamental Right i.e Article 14 (Right to Equality )since rich and powerful can tweak the judicial system through delay.
  • For Poor and Marginalised Judicial process itself becomes punishment: Data show that about 70% of prisoners in India are undertrials and are mostly poor citizens.
• Huge Backlog of Cases: In pre-COVID-19 years, the increase in the pendency of cases in all courts used to be about 5.7 lakh cases a year.
  • In 2020 alone, it increased to an astonishing 51 lakh. If necessary measures are not adopted the backlog of cases could cross 5 crores in 2022.

Way forward: Steps to be taken to reduce pendency of cases and improve judicial efficiency

• e-filing of petitions, affidavits, and payment of fees if implemented properly it would save about three lakh trees annually.
• Algorithm-based computerised listing, roster, case allocation and adjournments with a 5% override to be given to judges would reduce arbitrariness and the unfair advantage that the powerful enjoy.
• e-Committee of SC said that all rational reasons and limits should be put on adjournments; case listing should give main weightage to ‘first in, first out’.
• Hybrid virtual hearings: will make access to justice easier for litigants, reduce costs, and also give a fair opportunity to young lawyers from small towns. The required hardware is available in all courts.
• Filling judicial vacancies: Average vacancy in sanctioned judicial positions was about 21% between 2006-2009 but the average increase in pendency was less than 2% per year.So, filling sanctioned judicial strength is necessary for reducing pendency of cases.
  • Filling all vacancies may result in a requirement of about 5,000 courtrooms. A simple solution would be to run 5,000 courts in two shifts.