Answer:

Introduction:

The Indian judiciary is grappling with a daunting backlog of cases, which has severe repercussions for the justice delivery system. As of August 2022, the pendency across various levels of the judiciary – with over 71,411 cases in the Supreme Court, 6 million in High Courts, and a staggering 41 million in lower courts – reflects a chronic condition that undermines the principle of timely justice. 

Body:

Measures that can be taken in order to reduce the pendency of court cases in the country:

• Institutional Strengthening:
  • Increase in Judicial Appointments: The Law Commission of India’s recommendation to elevate the judge-population ratio to 50 judges per million must be expedited. A higher number of judges will proportionally reduce the case burden per judge, leading to faster disposals.
• Technological Interventions:
  • E-Courts Project: Capitalizing on the digital revolution, the e-Courts initiative must be further expanded to ensure comprehensive case management systems, facilitating a smoother litigation process.
  • Virtual Court Hearings: Amplifying the scope of virtual hearings post-pandemic can lead to a reduction in pendency by saving time and resources and allowing courts to hear more cases.
  • E-Filing and E-Payment: Streamlining the filing and fee payment process online reduces physical barriers, making the judiciary more accessible and efficient.
• Procedural Reforms:
  • Case Management: Implementing a robust case management system to prioritize older cases and manage the timeline of each case can significantly reduce delays.
  • Time-bound Disposal: Mandating time-bound disposal of cases, especially for smaller and less complex cases, can prevent the build-up of backlogs.
• Alternative Dispute Resolution (ADR):
  • Promotion of ADR: Strengthening and promoting ADR mechanisms, including mediation, arbitration, and conciliation, can divert many cases from the formal court system, easing the load.
  • Establishment of More Fast Track Courts: Fast track courts, particularly for specific case types like family disputes and minor criminal offenses, can expedite case resolution and enhance the judiciary’s efficiency.
• Policy and Legislative Measures:
  • Periodic Review of Archaic Laws: A regular review and repeal of outdated laws will reduce unnecessary litigation, which often clogs the court system.
  • Legal Literacy: Enhancing legal literacy among the populace can lead to informed litigation, thus averting frivolous cases that add to the pendency.
• Capacity Building:
  • Training Programs: Ongoing training for judges and court personnel on modern judicial practices and ADR techniques will optimize court operations.

Conclusion:

The challenge of reducing the pendency of cases in India is formidable but not insurmountable. A strategic mix of institutional reform, procedural rationalization, technological adoption, and policy overhaul can create a responsive and efficient judiciary. It necessitates a concerted effort from all stakeholders, including the judiciary, the government, the bar, and civil society, to restore the faith of the common citizen in the justice system by ensuring that justice is not just done, but is seen to be done promptly.

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