The President Droupadi Murmu emphasized the need to eliminate the culture of judicial adjournments during the valedictory session of the National Conference of District Judiciary in September 2024. 

• She highlighted that poor and rural populations often suffer injustice in silence, fearing lengthy delays in case resolutions, which makes them reluctant to seek legal help.

Background

• British Era System: Civil courts handled civil matters under the Code of Civil Procedure, while criminal courts managed criminal cases through the Criminal Procedure Code. 
  • The Supreme Court and High Courts deal with constitutional cases via writs, and these structures remain today.
• Tribunal System and Special Laws: The 42nd Constitutional Amendment Act of 1976 established a tribunal system to reduce civil court backlogs. 
  • Special laws created dedicated forums or courts with specific timelines for adjudication.
• Response to Public Outcry: Provisions are introduced to ensure timely case resolution in response to public outcry, such as the rape and murder of a woman doctor in Kolkata. However, compliance with these timelines is minimal.

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Reasons for the Lag

• Judge-Population Ratio:
  • The backlog in the judicial system is primarily due to a low judge-population ratio of 21 judges per million people as of 2024, significantly below the Law Commission of India’s recommendation of 50 judges.
• Delay in Filling Vacancies: 
  • There are significant delays in filling vacant judicial positions.
• Additional Responsibilities: 
  • A single judge is often assigned to multiple courts, including specialized courts established in response to public outcry.
• New Laws: 
  • New legislation is frequently enacted without assessing its impact on the judicial system, leading to an increased burden.
• Witness Delays: 
  • There are also considerable delays in bringing witnesses to court.
• Overtime and Mental Stress: 
  • Judges, from the district level to the Supreme Court, are working overtime to manage overwhelming caseloads. 
  • For instance, a magistrate must juggle regular duties, new cases, trials, judgments, and other responsibilities, which can create substantial mental stress.

Current Status

• Low Number of Approved Judges: Regarding the backlog in High Courts, there are 1,114 judges approved for the courts as of December 31, 2023. 
• Vacancy: As of October 30, 2024, only 770 judges are in position, leaving 30% of the posts vacant.
• Burden Due to Abolition of Six Tribunals: In 2021, six specialized tribunals were abolished, and their functions were transferred to the High Courts. 
• Supreme Court: The Supreme Court operates at nearly its full sanctioned strength of 34 judges. 
  • However, numerous statutes allow for direct appeals to the Supreme Court, in addition to its writ and appellate powers, leading to frequent challenges against decisions from High Courts, particularly in northern India.

Way Forward

• Mediation: Mediation is viewed as an alternative method for resolving disputes amicably, requiring the consent of both parties.
  • The government passed the Mediation Act, of 2023, however it has not been implemented correctly.
• Justice M. Jagannadha Rao Committee: Recommendation from Justice M. Jagannadha Rao Committee, called for a “judicial impact assessment” for every piece of legislation. This would help in deciding the infrastructure required, the number of judges needed, etc.
• Filling Vacancies: Furthermore, the High Court and the relevant state government should work together to initiate the process of filling proposed vacancies in the district judiciary at least six months in advance. 
• No Additional Responsibility: Additionally, judges should not be assigned extra responsibilities so they can focus on the cases in their own courts.

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Conclusion

To effectively tackle the challenges of case pendency and frequent adjournments, a comprehensive overhaul of the judicial system is essential. By implementing reforms that prioritize efficiency and accountability, India can move closer to ensuring timely justice for all citizens, thereby strengthening public trust in the legal framework.

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