Why in the news?

  • The pendency of cases in the Supreme Court has reached an all-time high of 88,417, even when the court is currently functioning with its full sanctioned judicial strength of 34 judges.

Pendency of Cases in the Indian Judiciary

  • Causes of Pendency:
    • Vacancies in Judiciary: High vacancy rate in both High Courts (~30%) and lower courts.
    • Inadequate Infrastructure: Shortage of courtrooms, digital tools, and support staff.
    • Low Judge-to-Population Ratio: India has around 21 judges per million people (ideal is 50+).
    • Procedural Delays: Frequent adjournments, lengthy procedures, and misuse of PILs.
    • Government as the Biggest Litigant: Around 50% of cases involve government departments.
    • Lack of Alternative Dispute Resolution (ADR) Usage: Underutilization of Lok Adalats, arbitration, mediation.
    • Poor Case Management: Absence of proper scheduling and tracking systems.
  • Consequences
    • Erosion of Public Trust in the legal system.
    • Delayed Justice = Denied Justice – affects citizens’ rights and livelihoods.
    • Negative Economic Impact – affects business confidence and contract enforcement.
    • Overcrowded Prisons – many undertrials await hearings for years.
  • Recent Initiatives:
    • e-Courts Project: Digital filing, virtual hearings, and National Judicial Data Grid (NJDG).
    • Fast Track Courts & Special Courts: For crimes against women, children, and corruption.
    • Alternate Dispute Resolution (ADR): Promoting Lok Adalats and mediation centers.
    • Mission Mode Projects: Timely disposal of specific categories of cases.
    • Judicial Appointments Reform: Proposals like the NJAC (struck down), continuing debate over collegium vs. commission.
  • Way Forward
    • Filling Vacancies Promptly
    • Increasing Judicial Strength
    • Improving Infrastructure & Technology
    • Encouraging ADR Mechanisms
    • Judicial Accountability & Transparency
    • Reducing Government Litigation
    • Case Management Reforms

 

 

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