Indian Courts: Addressing the Issue of Massive Pendency

Context: 

The number of cases pending in various courts of the country has crossed the 5-crore mark, the Union Government told the Rajya Sabha.

Factors Contributing to Pendency:

• • Shortages of Judges: The high courts are grappling with a large number of cases due to a shortage of Judges, impacting the timely delivery of justice.
  • Large Population and Caseload: India’s large population leads to a significant number of legal disputes, adding to the caseload of the courts.
  • Outdated Laws and Legal Processes: Archaic laws and slow legal processes can contribute to excessive or frivolous litigation, leading to pendency.

• Lack of Time-Frame: The absence of specific time-frames for case disposal leads to prolonged litigation, hampering timely resolution.

• Inefficient Case Management: Multiple hearings being scheduled on the same day due to poor case management results in further delays in resolving cases.

• Delaying Tactics by Advocates: The Advocates seeking frequent adjournments for personal convenience prolong the trial process and lead to undue delays in resolving cases.
• Executive & Legislative Delays: The inaction by the executive and legislative deficiencies has contributed significantly to the mounting caseload. 
• State Machinery Lapses: Negligence from the state machinery’s end is responsible for over 50% of the litigation in courts across the country.  
• Inter-Departmental Litigation: Disputes between different wings of the government can contribute to litigation, further burdening the court system.

Way Forward:

• • Strengthen Alternative Dispute Resolution (ADR) Mechanisms: Encouraging the use of ADR mechanisms like mediation and arbitration can help resolve disputes faster and relieve the burden on the court system.
  • Implement the LIMBS Project: The government should fully implement the Legal Information Management Briefing System (LIMBS) project, which aims to connect various ministries and departments for better litigation management. 
    • This can help streamline the government’s approach to litigation and improve coordination.

• Quality of Judges: Improving the quality of judges through recruitment and training can help reduce the burden on the courts and expedite case disposal.

• Efficient Investigation and Prosecution: Investigating agencies and prosecution need to work efficiently to present cases before the courts.

• Obsolete Laws and Litigation: The legislature should concentrate on removing outdated and redundant laws to reduce excessive and frivolous litigation.

• Increase Judicial Strength: Appointing more judges in the judiciary is essential to cope with the high caseload and expedite the disposal of pending cases. 
  • India has a low judge-to-population ratio, and increasing this ratio can significantly improve the efficiency of the justice system.
• Priority to Constitutional Matters: While the government should avoid unnecessary appeals, it should prioritize cases involving constitutional interpretation and significant legal issues that have a broader impact on society.
• Improve Collaboration and Coordination: Better coordination between different departments and agencies of the government can lead to a more coherent approach to litigation and help resolve disputes more effectively.
• Encourage Settlements: The government should actively promote settlements and encourage parties to resolve disputes through negotiations, thus reducing the number of cases entering the court system.
• Modernize Court Procedures: Embracing technology and modernizing court procedures can lead to faster case processing and reduce delays in hearings.

News Source: The Tribune