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Introduction:

The Indian judiciary, one of the bastions upholding the principles of democracy and justice, currently stands in the spotlight due to a mounting challenge: an alarming number of pending cases. As per recent data presented by the government in Rajya Sabha, pending cases across various courts are nearing the staggering figure of five crore, signifying not just an administrative challenge but also a looming threat to the essence of timely justice.

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Current Scenario:

• District and Subordinate Courts: Over 4.32 crore cases pending as of December 31, 2022.
• Supreme Court: 69,511 cases pending as of February 1, 2023.
• High Courts: Backlog of more than 59 lakh cases across the country’s 25 high courts. A noteworthy mention is the Allahabad High Court with 10.30 lakh cases, the highest among the high courts, while the Sikkim High Court has the least at 171 cases.
• Overall Scenario: The total pendency across the judiciary is 4.92 crore cases.

Factors Contributing to the High Pendency:

• Infrastructure and Manpower Limitation: 
  • With only 21 judges per million population(as per PRS report), the judicial infrastructure is not commensurate with the demands of a large population.
• Complex Judicial Procedures: 
  • Often, procedural intricacies lead to extended trials and frequent adjournments, exacerbating delays.
• Judicial Vacancies: 
  • With numerous positions remaining unfilled across various tiers of the judiciary, the burden on existing officials grows manifold.
• Inefficient Case Management: 
  • The lack of a structured approach to handle cases based on their urgency and nature compounds the backlog.
• Frivolous Litigations: 
  • Many a time, the system is clogged with baseless cases which could have been avoided with more stringent filtering mechanisms.
• Lack of Technological Adaptation: 
  • A slow pace in embracing digital methods for case management and documentation has caused inefficiencies.
• Multi-tiered Review System: 
  • The architecture of the Indian judicial system, which allows multiple reviews, can lead to repetitive evaluations, thus increasing pendency.

Measures to Address the Issue:

• Strengthening Judicial Infrastructure: Augment the number of courts and ensure they are well-equipped, thereby increasing their capacity to handle more cases.
• Speedy Recruitment: Fast-track the recruitment process to fill the judicial vacancies.
• Promotion of Alternate Dispute Resolution (ADR): Encourage mechanisms like mediation and conciliation to reduce the strain on formal courts.
• Effective Case Management: A well-structured case management system can prioritize and expedite cases based on their nature and urgency.
• Legislative Reforms: Simplifying procedural laws and reducing the scope for unnecessary adjournments can drastically cut down delays.
• Technological Integration: The adoption of digital solutions like online case records, video conferencing, and AI-powered predictive analysis can play a pivotal role in addressing this issue.
• Deterrence for Frivolous Cases: Introduce stringent measures to deter the filing of baseless cases.
• Awareness Programs: Informing citizens about their legal rights and procedures can significantly reduce the misuse of the judiciary.

Conclusion:

The sheer volume of pending cases in Indian courts necessitates immediate and multifaceted interventions. A collaborative effort between the judiciary, the executive, and the legislative can pave the way for timely justice, restoring the faith of the populace in the judicial mechanism of the country.

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