Justice Delayed: Exploring the Causes and Solutions to India's Judicial Pendency

Introduction

Martin Luther King Jr. famously stated, "justice too long delayed is justice denied," a principle resonating deeply within the Indian judicial system. Despite India's constitutional promise of social, economic, and political justice for all citizens, the system struggles with a significant backlog of approximately five crore pending cases. This delay not only undermines individual lives but also perpetuates a belief that civil suits can become intergenerational inheritances. The judiciary, a critical component of state power, must ensure procedural integrity and timely justice.

The Magna Carta, a cornerstone of English law, underscores the right to a speedy trial. Similarly, Article 21 of the Indian Constitution guarantees life and personal liberty, which includes a speedy trial. Denial of this right allows for redressal through the Supreme Court under Article 32. Justice Krishna Iyer highlighted the detrimental "slow-motion syndrome" of the Indian justice system in the Babu Singh and Others vs. State of Uttar Pradesh case.

Current Status of Judicial Pendency

As of September 2023, the Supreme Court of India has 80,344 pending cases, with 78% being civil and 22% criminal matters. In 2023, the court disposed of 36,164 out of 37,777 filed cases, but over 4,000 cases remain unresolved for more than a decade.

Causes of Judicial Pendency

1. Shifting Role of Supreme Court: The Supreme Court often acts as a court of appeals rather than focusing solely on cases of constitutional significance or fundamental rights violations.

2. Shortage of Judges: Approximately 25% of judicial positions in subordinate courts are vacant, leading to an inadequate judges-to-population ratio. The Law Commission previously recommended 50 judges per million people.

3. Low Budgetary Allocation and Poor Infrastructure: Insufficient funding results in inadequate court facilities, a shortage of judges and staff, and outdated technology, all contributing to delays.

4. Burden of Government Cases: A significant portion of the backlog consists of government cases, exacerbating delays and affecting the right to a speedy trial.

5. Special Leave Petition (SLP) Backlog: The high volume of SLPs contributes to the case backlog, delaying justice further.

6. Lack of Court Management Systems: Few courts have dedicated court managers to optimize operations and case movement, contributing to pendency.

Impact of Judicial Pendency

1. Justice Delivery: Delayed justice undermines the rule of law and public trust in the judiciary. Effective regulations are needed to ensure timely justice and maintain citizens' faith in the legal system.

2. Economic Impact: A slow judiciary negatively affects social development, leading to lower per capita income, higher poverty rates, poorer infrastructure, higher crime rates, and arbitrary administration and law-making.

3. Human Rights Violations: Delays in justice affect individuals' liberty, imposing psychological, economic, and social burdens, undermining the protection of fundamental human rights.

Role of Technology

Technology can enhance judicial efficiency through:

• - Virtual court systems for remote proceedings.
• - The e-Courts portal for better access and information flow.
• - E-filing for time and cost savings.
• - Online payment systems for court fees and fines.
• - The Interoperable Criminal Justice System (ICJS) for seamless data transfer among judicial bodies.

Legal Reforms and Policy Measures

1. Split the Supreme Court into Two Divisions: Create a constitutional division and a legal division to streamline case handling.

2. Establish a National Court of Appeal for SLPs: Focus the Supreme Court on constitutional and public law issues.

3. Set Up Regional Benches: Recommended by the 229th Law Commission, these benches in major cities would handle non-constitutional cases.

4. Increase Number of Workdays: Extend working days and reduce vacation periods to address backlog.

5. Establish a Final Court of Appeal and Permanent Constitutional Bench: Separate functions to enhance efficiency and consistency.

6. Dedicated Authority for Infrastructure: Propose a National Judicial Infrastructure Authority of India (NJIAI) to improve judicial infrastructure.

7. Alternative Dispute Resolution (ADR): Regular Lok Adalats for civil and family matters, Gram Nyayalayas for grassroots justice, and Village Legal Care and Support Centres to reduce workload.

Conclusion

India, the world's largest democracy with the most extensive constitution, has yet to ensure effective and timely justice for its citizens even after 75 years of independence. With approximately five crore cases pending, systemic reforms are essential. The government must implement effective laws to revamp the judicial system, ensuring that no citizen feels that justice is delayed or denied.

References

• Vajiram and Ravi. (n.d.). Retrieved from vajiramandravi.com
• PW Only IAS. (n.d.). Retrieved from pwonlyias.com
• Drishti IAS. (n.d.). Retrieved from drishtiias.com
• ResearchGate. (n.d.). Retrieved from researchgate.net

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(LegalMantra.net Team)

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