Hindu Editorial Analysis : 15-October-2024

Recently, the President of India addressed a significant issue: the delays in the court system. These delays discourage many people from seeking justice through the legal system. Understanding the reasons behind these delays and exploring potential solutions is crucial for improving access to justice in India.

The State of Litigation in India

The Indian judicial system is often viewed as a protector of justice. However, many see it as overly complicated, which can prevent individuals from pursuing legal action. The current situation is alarming:

  • Over 4.7 crore cases are pending across various levels of the judiciary.
  • 87.4% of these cases are in subordinate courts.
  • About 1,82,000 cases have been pending for more than 30 years.

Reasons for High Pendency

Several factors contribute to these overwhelming numbers:

Endless Adjournments and Appeals
  • Courts frequently grant adjournments at the request of lawyers, leading to prolonged cases.
  • The right to appeal can further delay resolutions, sometimes for years.
Escalating Legal Costs
  • Legal fees and court costs can rise dramatically, making it tough for average citizens to afford lengthy legal battles.
  • Many litigants are forced to give up their cases due to financial strain.
Case Management Issues
  • Effective management of cases is essential. This includes setting clear timelines and limiting adjournments.
  • Poor implementation of these practices leads to more delays and frustrations.
Psychological Impact
  • The stress of prolonged litigation can be overwhelming, causing anxiety similar to “white coat hypertension” seen in medical settings.
Systemic Pressures on Judges
  • Judges face immense pressure to manage their caseloads but often struggle due to systemic issues, such as prioritizing certain cases.
Government Litigation
  • The government is a major litigant, contributing significantly to the backlog. Efforts to reduce this litigation have had limited success.

Reforms and Initiatives

To address these challenges, several reforms and initiatives have been introduced:

Overhauling Criminal Laws
  • New laws, including the Bharatiya Nyaya Sanhita and others, aim to modernize and expedite the criminal justice system.
E-Courts Project
  • This project uses technology to digitize court processes. Currently, many courts have been computerized, improving efficiency.
National Judicial Data Grid (NJDG)
  • The NJDG offers real-time data on case statuses, helping to identify and manage backlogs effectively.
Judicial Infrastructure Development
  • Investments have improved court facilities, increasing the number of court halls significantly over the years.
Filling Judicial Vacancies
  • There have been efforts to fill vacancies in the judiciary, enhancing the strength of judges in both the Supreme and High Courts.
Alternative Dispute Resolution (ADR)
  • Promoting ADR mechanisms like mediation can provide faster and cheaper dispute resolution, reducing court burdens.

Why In News

Recently, the President of India highlighted the issue of court delays, noting that these delays discourage many people from seeking justice through the legal system, ultimately eroding public trust in the judiciary.

MCQs about Addressing Court Delays in India

  1. What percentage of pending cases in India are found in subordinate courts as of May 2022?
    A. 50.0%
    B. 75.0%
    C. 87.4%
    D. 90.0%
    Correct Answer: C. 87.4%
    Explanation: 87.4% of the over 4.7 crore pending cases are in subordinate courts, highlighting the concentration of backlog in these lower courts.
  2. Which of the following is a significant factor contributing to delays in the Indian judicial system?
    A. Rapid case resolutions
    B. High rates of successful appeals
    C. Frequent adjournments
    D. Lack of public interest
    Correct Answer: C. Frequent adjournments
    Explanation: The frequent adjournments requested by lawyers are a primary reason for prolonged litigation, leading to significant delays in case resolutions.
  3. What initiative aims to improve transparency and efficiency in the judiciary by providing real-time data on case statuses?
    A. E-Courts Project
    B. Alternative Dispute Resolution
    C. National Judicial Data Grid (NJDG)
    D. Judicial Infrastructure Development
    Correct Answer: C. National Judicial Data Grid (NJDG)
    Explanation: The NJDG is designed to offer real-time data on case statuses, which helps monitor and manage case pendency effectively.
  4. What is one of the proposed benefits of promoting Alternative Dispute Resolution (ADR) mechanisms?
    A. It increases court backlogs.
    B. It is more expensive than traditional litigation.
    C. It provides a faster and cost-effective means of resolving disputes.
    D. It eliminates the need for judges.
    Correct Answer: C. It provides a faster and cost-effective means of resolving disputes.
    Explanation: The ADR mechanisms like mediation can expedite the justice delivery process and reduce the burden on courts, making it a favorable alternative for litigants.

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